'Alita Battle Angel’ Activity
Terms and Conditions
Please read the following Terms and Conditions very carefully before participating in the activity ‘Alita Battle Angel’ (“Activity”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Activity, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.
These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your participation in this Activity to be held on the Star Movies’ Twitter handle at https://twitter.com/StarMoviesIndia (“Official Twitter Handle”) and Star Movies’ Instagram handle at https://instagram.com/starmoviesindia (“Official Instagram Handle”) on February 16, 2020 from 11.00A.M. to 11.59P.M. (“Activity Period/Period”), organized and conducted by STAR India. The Official Twitter Handle and Official Instagram Handle are hereinafter referred to as “Handle(s)”. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Activity and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Activity. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.
1. Principal Rules for Participation:
1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content :
i. The Participant should be an Indian citizen, residing in India only;
ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Activity;
iii. The Participant should be well versed in the English language - both written and spoken;
iv. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Star India to develop on the Content;
v. The Participant should have proof of age and educational qualification when requested by STAR India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;
vi. The Participant should abide by all the applicable laws at all times.
vii. Employees, affiliates, directors and representatives of Star India and their immediate family member(s) are not eligible to participate in this Activity.
In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.
You hereby understand and agree that Star India reserves the sole right to disqualify and reject the Content and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.
1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the post shared by Star India on the Handle(s) and respond in English language in text not exceeding 280 characters, and submit/tweet on the Handle using the Hashtag (as defined below). The tweet or post in text submitted by the Participant is hereinafter referred to as “Content”.
The Participant (s) should only submit Content which satisfies the following criterion:
i. Relevant to the Activity as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Activity.
ii. upload the Content on social platform (Twitter and/or Instagram) from their own Twitter handle, and/or Instagram, by using the hashtag ‘#YourCyborgStory’ (“Hashtag”) and the said accounts should not belong to any third party.
iii. be original and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third part and/or privacy/personality rights;
iv. has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and /or any of its employees /directors /representatives;
v. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies;
vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights;
vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.
viii. submission of low resolution images and/or low resolution videos may lead to disqualification of the entry. The users are requested to share high resolution images and/or videos.
You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement
2. Activity Mechanism:
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 or Instagram handle. Participant(s) must enter the Activity on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one Twitter or Instagram account, Star India reserves the right to disqualify such Participant(s) from the Activity.
For avoidance of doubt it is clarified that for the purpose of participating in the Activity, the Participant(s) may upload as many post(s)/tweet(s) as they desire but only post(s)(tweet(s) received before the close of the Activity Period shall be considered valid for the Activity. The Participant(s) agrees not to spam and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Activity.
The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting or tagging the Hashtag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.
Pursuant to the end of the Activity Period, out of all entry/ies received on the Handle within the Activity Period, the fastest hundred (100) Participants who’s Entries are valid and compliant with the aforesaid parameters shall receive a cyborg story by way of reply to the comment of such Participant(s). Star India shall not be responsible or liable in the event such message is not received by any of the fastest hundred (100) Participants. Star India reserves the right to add or modify the activity mechanism at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Participants agree that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the cyborg story received from Star India. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the cyborg story and the Participants 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 cyborg story.
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) in any manner whatsoever or for any reason whatsoever in connection to the Activity.
The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use exploit and/or utilize the Content during the Activity Period, as it may deem fit at its sole discretion. In consideration of being giving an opportunity to participate in the Activity, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. Star India reserves the right to deny any Participant(s) from participating in the Activity if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Activity, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.
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 and (v) if any representation , warranty or Personal Information made by You turns to be untrue, false and in accurate(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 material submitted forming part of the Entry and/or the Activity during the Activity Period. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.
3.10. You acknowledge and confirm that Star India licensors and/or any of its affiliates are not in any manner whatsoever associated with the Activity. This Activity is in no way sponsored, endorsed or administered by Star India licensors or any of their respective affiliates. The Participant(s) unconditionally and irrevocably release and discharge Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Activity.
4. General Rules:
4.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content per se shall not be deemed to constitute acceptance by Star India and nothing herein shall be deemed to impose an obligation on Star India to accept and /or exploit and/or utilize the Content. You recognise that other persons may have submitted to Star India. or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Star India shall have the right to use, independent of You and /or your submission of Content.
4.2. An external third party digital agency may provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India and/or its affiliates. Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.
4.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) for the purposes of the Activity and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of Star India, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by Star India as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with Star India worldwide in perpetuity and Star India is entitled to exploit the same in any manner it may deem fit.
“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. You agree and declare that You have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Your participation in the Activity and submission of the Content.
“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by Star India, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.
“Materials” shall mean and include the Content including any form of photographs, stills, literary works made by the Participant(s) or compilation, Footage and any other Intellectual Property created/ generated by the Participants during the course of the Activity.
4.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.
4.6. 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 the respective social media accounts while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.
4.7. 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, Instagram or Facebook, 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 Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the website(s) from time to time in order to be informed of the latest version of the T&C;
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 Activity and/or qualification of an Participant (s), STAR India not be held liable either directly and/or indirectly and in any event, and the decision of STAR India shall be final and binding on You;
4.12. 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 Activity. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;
4.13. 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 Activity;
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/posts submitted by You.
4.16. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Activity is delayed or postponed or cancelled;
4.17. Star India reserves the right to discontinue the Activity at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;
4.18. 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 Activity, hereby grant a royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;
4.19. 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 to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Activity. You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;
4.22. 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;
4.23. You hereby understand that Star India makes no representation and/or warranties regarding the Activity or any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;
4.24. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Activity shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities , its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.
4.25. 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;
4.26. 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.
4.27. The Participant acknowledges and confirms that neither the Star India’s licensors nor any of their affiliates are in any manner whatsoever associated with the Activity.
4.28. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Activity shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Activity. Star India makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Activity and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platforms including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platforms including this section, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the social media accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the social media platforms/ Activity section including loss of Content posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
4.29. Star India are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in relation to the Activity and/or any matters arising out of the Terms and Conditions.
4.30. No purchase or payment of any consideration is necessary to enter the Activity. The only way to participate in the Activity is through participation as described in these T&C. Any person claiming that he/she can help You participate in the Activity and/or win any prizes for a consideration is defrauding You.
4.31. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.
4.32. 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;
4.33. 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.
4.34. 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;
4.35. 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.
4.36. 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.
4.37. The Activity shall be null and void in any jurisdiction where prohibited by law.
4.38. The T&C shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Activity, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.
4.39. Subject to the provision of Paragraph 4.38. 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.
4.40. You acknowledge that in case the Activity and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Activity and/or the participation of an Participant forthwith and such decision shall be final and binding.
4.41. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Activity. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.
4.42. 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.
4.43. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
4.44. You hereby acknowledge that Your voluntary participation in the Activity and /or Your contribution towards the Activity is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.
4.45. 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.
4.46. 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.
4.47. 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.
4.48. 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.
4.49. 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.
4.50. In case of any queries in relation to this Activity, you can write to firstname.lastname@example.org. STAR India shall endeavour to reply to the same within a reasonable time.