Amul Mithai Mate MasterChef India Contest
Terms & Conditions
The following rules are the terms and conditions which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the “ Amul Mithai Mate MasterChef India Contest” (hereinafter referred as ‘Contest’) which will be hosted by Star India Private Limited (“STAR India”) on the STAR Microsite, i.e. www. amulmithaimatemasterchefcontest.hotstar.com (“Microsite”) as a part of the promotion and marketing for the telecast of the program titled “MasterChef India Season 6” (“ Program”), telecast on Star Plus and Hotstar (“collectively, Channel”).
By proceeding further, you are representing to STAR India that your participation in the Contest is in compliance with all laws and contracts applicable on you and You are not in any manner prohibited from participating herein under any law or contract.
You are also required to confirm your age and click on the tab ‘ I SUBMIT’ at the end of the page. The failure to accept these Terms and Conditions or confirm your age will disqualify your entry in the Contest.
PART A: PRINCIPLE RULES
2. The Contest will commence on January 30, 2020, 06:00 PM Indian Standard Time (IST) and will end on February 23, 2020 at 11:00 PM Indian Standard Time (IST) (“Period”) on the Microsite. STAR India reserves all rights to make amendments to the Period and/or Rules and Regulation and/or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the Microsite 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). Such decision shall be final and binding on the Participant(s) and the same shall not be dispute and/ or challenged in a court of law.
3. In order to be eligible for participation (“ Eligible Participant(s)”), the Participants must satisfy to the following conditions:
i. It is mandatory that the interested Participant(s) must be a natural person who is a citizen and resident of India.
iii. The Participant must be fluent in spoken Hindi.
iv. Participant must neither be an employee nor a relative of any employee of M/s Endemol Shine I.P. B.V., STAR India and/or M/s Gujarat Co-operative Milk Marketing Federation Ltd. or their respective affiliates.
4. To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period:
i. Visit the Microsite at www. amulmithaimatemasterchefcontest.hotstar.com , confirm your age and accept the Terms and Conditions and submit their full name, email id, the name of their city where they reside, etc. as requested on the Microsite in a manner and form, as requested and /or prescribed on the Microsite (“Personal Information”).
ii. Participant(s) shall be required to upload a photo of themselves holding Amul Mithai Mate and the dish prepared by them using Amul Mithai Mate in .jpg / .gif format (“Image”) along with a detailed written recipe in English language (“Recipe”). Image and Recipe are hereinafter collectively referred to as “Post”.
iii. For sake of clarity, it is stated that the Participant is allowed to submit the Post only by way of uploading the Image and the Recipe along with Personal Information via the Microsite. If a Participant uploads two or more Posts, then in such a case only the first Post uploaded by the Participant on the Microsite will be considered as valid by Star and the other Post will automatically be rejected.
iv. It is further clarified that only a valid “ Entry/Entries” is eligible for winning the Prize as stipulated herein below. A valid Entry is the one in which the Post is uploaded on the Microsite along with the requisite Personal Information by an Eligible Participant.
v. For the purpose of this Contest, “receipt” of a Post occurs when the Microsite server records the Post 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 Post, the Participant(s) is representing that the Post or contents thereof are original and does not violate any third-party rights. By submitting the Post, the Participant further confirms that contents of the Post are not confidential or comprise any sensitive personal information. For the avoidance of doubt, where the Post is not original and appears to be adapted or copied, then such Post shall not be considered as Entry and the Participant(s) shall not be eligible for the Prize.
5. At the end of the Period, one or more food expert as may be selected by STAR India at its sole discretion (“Panel”) will judge the Entries on the basis of originality, uniqueness, and creativity of the recipe and such other parameters as may be determined by Star India in its sole discretion (“Parameters”) and shortlist one or more of the highest rated Entries eligible to be declared as winner in accordance with the process mentioned hereinbelow (“ Shortlisted Participant”).
6. The Shortlisted Participant(s) will be contacted by STAR India via a phone call and/or video call on a platform or media as determined by STAR India at its sole discretion, during which Shortlisted Participant and shall be required to perform such task and/or answer such question(s) as the Panel may require during the phone call and/or video call. Further, the Shortlisted Participant(s) shall be required to email a copy of a valid Government ID at email@example.com as proof of their age, residence and identity (“Verification Process”).
7. Based on this Verification Process, the Panel will select a Shortlisted Participant, basis the aforementioned Parameters such other parameters as the Panel may decide from time to time, including a parameter of strong screen presence. Such Shortlisted Parameters shall be eligible to win the Prize subject to the provisions of this Paragraph 7 (“ Eligible Winner”). The Eligible Winner shall be informed by STAR India via email and shall be required to execute and/or submit such documentation as may be decided by Star India in its sole discretion to be eligible for the Prize. For sake of clarity, failure to provide such documentation shall amount to disqualification and STAR India shall at its sole discretion select and declare any other Shortlisted Participant as Eligible Winner. Only once such documentation is executed and/or provided to STAR India, the Eligible Winner shall be declared as winner (“Winner”) and not otherwise.
8. The Winner shall be entitled to appear in one MasterClass Episode of the Program during which the Winner will be required to show case the recipe forming part of the Entry, or such other prize as STAR India may describe in its sole discretion (“Prize”). The final decision of the Prize will be at STAR India’s sole discretion and will be intimated to the Winner vide a separate e-mail on the e-mail address provided by the Participants. The Participant/Winner shall in no event dispute the decision made by STAR India or its employees in this regard.
9. For the purposes of Prize, STAR India may in their sole discretion, offer to bear cost of travel and lodging of such Winner on actuals subject to the same falling within the fixed bracket decided by the STAR India at its sole discretion and communicated to the Winner and subject to the Winner providing STAR India with actual receipts/documentation evidencing such expenses. In case for whatever reason, the Winner is not agreeable to travel, stay, etc. in the mode or at the place /hotel/venue allotted /finalized by STAR India at its discretion or bear their expenses towards travel and stay for the same, then STAR India will regretfully consider the entry of such Winner as invalid and the Winner shall be disqualified and Star India shall be entitled to declare any other Shortlisted Participant as the Winner. Star India shall make arrangements of travel and accommodation for the Winner for the day(s) of the shoot of the MasterClass episode. For avoidance of doubt it is clarified that, the above provision of arrangement of travel and accommodation to be made by Star India is applicable only where the Winner resides outside Mumbai and not otherwise. The exact date, time, venue for the shooting for the Prize shall be intimated to the Winner subsequently vide an e-mail to the e-mail address provided by the Participant addressed by Star India to the Winner at the address as provided or shared by the Winner. By agreeing to these Terms and Conditions, the Winner agrees to make himself/ herself available for shoot within 1 (one) day notice.
10. Star India’s decision on all aspects of the shoot including the creative aspects of the shoot and the packaging of the episode shall be final and binding on the Winner and neither the Winner nor any person on behalf of the Winner shall dispute or raise any issues with regards to the same in any manner whatsoever.
11. The Winner shall be announced on the Microsite and /or the Webpage and/or Star Plus social media pages and/or the Channel at the end of the Period, based on STAR India’s discretion. The Participant/Winner consents to the use of information supplied by the Participant/Winner for the purposes as set out in these Terms and Conditions. For avoidance of doubt it is clarified that STAR India’s decision in regard to the selection and declaration of the Winner shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant (s) having made a valid Entry and who are shortlisted and declared as Winner based on the criterion mentioned hereinabove, by Star India at its discretion shall be entitled to the Prize. It is further clarified that save and except the Prize stated hereinabove, the Participant(s)/Winner shall not be entitled to any other form of gratification (monetary or otherwise).
12. Entries sent after the Period will not be considered for the Contest and shall be deemed null and void.
13. The final selection of the Winner shall be made by STAR India and shall be final and binding on the entire Participant (s)/Winner and in no event shall the Participant (s)/Winner dispute the decision made by STAR India or its employees in connection to the Entry/Post and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of STAR India shall be final and binding.
14. The Winner shall unconditionally ensure his/her availability on the date of the shooting. In the event the Winner is unable to travel and/or be available for the shooting on the date/time intimated to them by Star India, for any reasons whatsoever, then Star India shall not be held responsible and shall not be liable to arrange for an alternative date and/or accommodation. In such an event, Star India reserves the right to invalidate the Winner on the said grounds and the Winner shall forfeit his /her rights to the Prize and Star India shall not be in any manner responsible for the same. STAR India shall not be responsible or liable for any incident that may occur to the Winner during the course of the Prize shooting or in the course of the travel before or after the Prize shooting.
15. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Participant(s)/Winner and in no manner whatsoever shall the Channel/ STAR India, be responsible for the same.
16. In the event any of the Shortlisted Participant(s) and/or any judges, and/or producer(s), as the case may be, are unable to attend or appear for the MasterClass Episode of the Program, for any reasons whatsoever, STAR India has the right to at its discretion anytime replace or bring in new Participant(s) and/or any judges, and/or producer(s), as deemed fit and necessary by STAR India.
17. The Participants/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 is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions the corresponding Entries will be disqualified.
18. The Participants/Winner shall at all times comply with the applicable laws and Terms and Conditions.
19. By entering the Contest, each Participant(s)/Winner (s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize and/or awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any), notwithstanding the foregoing, under no circumstances will STAR India and/or STAR 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.
20. STAR India reserves the right to disqualify any Participant(s)/Winner 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/Post” or any part thereof at any stage of the Contest, including after declaring the Winner/, if STAR India:
a. receives any notice or complaint relating to the Entry/Post 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/ Post 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.
The decision of STAR India in this regard shall be final and binding upon the Participant(s)/Winner.
21. In consideration of the participation in the Contest, Participants/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 Post, 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) waives any so called moral rights in the Entry.
22. Neither STAR India and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and /or and the Winner and /or agree not to hold STAR India and/or the Channel and its employees, responsible with regards thereof.
23. By participating in the Contest, it is construed that the Participant(s)/Winner has read and understood these Principle Rules including the General Rules stated below and has agreed to abide by the same.
PART B: 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 and binding on all Participants.
2. The entry process is strictly open to Participant(s) who are citizen and resident of India during the Period of the Contest and have (a) completed the age of eighteen (18) years and (b) not completed the age of seventy-five (75) years, both as of January 1, 2020. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.
3. Proof of age, if requested, of the Participant(s) in the Entry must be submitted to STAR India (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) and/or any other documentary proof as may be required by STAR India confirm the eligibility of the Participant(s). STAR India also reserves the right to disqualify a Participant(s)/Winner in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) at any point in time during the Period.
4. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to the Contest.
5. The Participant(s) must enter the Contest voluntarily on their own behalf, without any compulsion and/or duress and Entry(ies) by proxy will not be accepted.
6. Each Participant(s)/Winner consents to the use of information submitted by the Participants)/Winner including the Entry/Post for the purpose as set out in these Terms and Conditions.
7. The Participant(s) hereby expressly acknowledges that no fees, royalties, residuals, or other consideration will be payable in respect of any broadcast, subsequent rebroadcast or retransmission or any other use by Star India and/or the Producer(s) (or any assignees or licensees) of the Contest or any part thereof in any manner or media now known or hereafter invented.
8. STAR India reserves the right to cancel and/or postpone the Contest without assigning any reasons and/or without giving any prior intimation to the Participant (s).
9. The Winner represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to availing the Prize herein.
11. STAR India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to Microsite, unclear network, disruption in the network and/or the internet /network costs charged by the telecom/mobile/network operator etc. Any dispute in connection to the above shall be settled between the subscribers, Participants and the telecom/mobile operator directly, without involving STAR India.
12. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate in the Contest is through participation as described in these Terms and Conditions. Any person claiming that he/she can help You participate in the Contest and/or win any prizes for a consideration is defrauding You.
13. In case of any telecom and /or network failure and /or technical failure /breakdown on the Microsite and /or technical failure in submitting and /or providing the Post(s) for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change the Microsite and /or the mechanism for submitting the Post(s) and /or cease from accepting Post(s) of the Participants in any manner it may deem fit and necessary. In such events, STAR India shall be entitled to exercise the option of putting the Contest and /or the selection and declaration of Winner in abeyance, as it may deemed fit at its discretion. 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 Microsite mechanism for submitting the Post(s) including without limitation system failure on the Microsite of recording/receiving the Post(s) or default in logging on to the Microsite beyond the end time stated in these Terms and Conditions and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.
14. The Participant(s) agrees to not attempt to gain unauthorized access to servers or networks connected to STAR India’s 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.
15. Participant(s) shall not in any circumstances make any claims against STAR India, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults in the network and /or connections or directly or indirectly due to, to their participation or non-participation in Contest. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entries will be disqualified.
16. The Participant(s) will not be levied any charges to participate in the Contest, however, the network provider may levy data and other charges to the Participant, at the applicable rate for using internet connection. It should be verified by the Participant(s) at his/her sole responsibility. In case of participating while roaming in different circle/zone, additional roaming rates for browsing of the internet may be applicable. STAR India shall not be responsible for any such charges incurred by the Participant(s).
17. The Winner shall furnish his/her information including postal address as sought by STAR INDIA through such private message. In the event the telephone/mobile number is engaged, or lines on the route are busy, or it is ringing but there is no response, STAR India shall make maximum two (2) attempts (maximum one attempt per day for two consecutive days). In case any Winner is unavailable on both the attempts, the selection of that Winner shall be invalidated and STAR India shall at its sole discretion may select another Winner, during the Period. For the avoidance of doubt such choice of Winner by STAR India shall be final and binding. STAR India shall not be responsible if the Winner is not available at the telephone numbers, provided by them and as a result of which, the Winner loses his/her chance to the Prize and such decision shall be final and binding.
18. The Winner 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 and which is not available to public in general, to any person or media etc. without the consent of STAR India. In case the Winner breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.
19. The Prize cannot be transferred, negotiated, refunded or exchanged for money etc. For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Prize will be recorded by STAR India or will be incorporated in the Program or find mention in the Program.
20. STAR India will not entertain any requests or claims to verify/audit/challenge the logic of the factors relevant for determining the winner(s).
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, in relation to the Prize and the same, and if applicable, Winner agrees that the same shall be solely borne by the Winner .
22. STAR India shall not be responsible for any Entries/Post 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 STAR India has a reason to believe that any information provided including personal information by the Winner is wrong, fraudulent or any misrepresentation is made by the Winner . STAR India shall have the right to declare another Participant(s) on a random basis on the criterion mentioned herein) as the Winner of the Contest, at its sole discretion and transfer the Prize to that person. Such decision of STAR India shall be final and binding.
24. 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 (eg. cancellation/postponement of the event), 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 ) shall be solely responsible to avail the Prize at the time of delivery. The Winner ) agrees that he/she shall not hold STAR India and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize or damage during transit or any problem in connection to the Prize .
27. 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 from such Promotional Activity and any recording thereof shall vest with STAR India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR India may exploit the same in any manner and in any media whatsoever at any time throughout the world.
28. The Participant/Winner 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/Winner ) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Program.
29. By participating in the Contest, Participant(s) represent and warrant that any video-audio posted by the Participant(s) to the micro site, does not infringe another party’s intellectual property rights or any applicable national or local law that may apply. Participants also agree that any video posted will not infringe on any third party right –including copyright, trademark, patent, right of publicity or other intellectual property rights, and will not slander, defame, libel, or invade the right of privacy or publicity of any other person, Participant(s) acknowledges that videos posted by them on microsite may be used by STAR India without requirement or consent, and such content may be used by STAR India including but not limited to review, rating, for promotional purposes or any other purpose deemed fit by STAR India.
30. STAR India shall not be responsible if the Winner is not available at the telephone numbers, provided by them and as a result of which, the Winner loses his/her chance to the Prize and such decision of STAR India shall be final and binding.
31. It is clarified hereby that STAR India shall have a discretionary right to postpone/ cancel/change the details of the Contest and or Prize for reasons of unavoidable circumstances. It is further clarified that such decision of STAR India will be final and binding on all Participants and the Participant shall not dispute the same either himself or through a third party.
32. 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 the, in any manner whatsoever to the extent permissible under law.
33. All and any incidental costs direct and/or indirect, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall STAR India, be responsible or liable for the same. For the sake of clarity, STAR India shall not be responsible to pay for any taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Prize and the same, if applicable, shall be solely borne by the Winner.
34. For the sake of clarity, if the Winner (s) refuses to accept the Prize awarded within 2(two) days of the intimation of the same from STAR India, STAR India shall be released from all obligations towards the Winner (s) in connection to the Prize won by the Winner. Further, after forfeiting the Prize, STAR India shall be entitled to select and declare another Winner (on a random basis based on the criterion set out hereinabove), as it deems fit, and award the Prize, to that Winner and such decision of STAR INDIA shall be final and binding.
35. 28. STAR India shall in no manner whatsoever be responsible for security of Participant(s)’s/ Winner(s)’ Entry and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.
36. Each Participant in consideration of being given opportunity to participate in the Contest , agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, the Channel, 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 Participant/Winner, in any manner whatsoever in connection with the Contest, the participation mechanism and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry/Post and/or any personal information submitted by the Participant/Winner and to the extent permissible under law waives all rights to file in person through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
37. 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 in any manner whatsoever, in relation to the Contest.
38. 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 and/or content including any third party rights claims with respect to the material submitted by the Participant(s).
39. Each Participant(s)/Winner hereby acknowledges and agrees that the relationship between the Participant/Winner Winner and STAR India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
40. The Participant(s)/Winner Winner acknowledges that in case the performance of this Contest and/or availing the Prize cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then STAR India shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/Winner Winner forthwith and such decision shall be final and binding.
41. Participant(s)/Winner Winner acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
42. 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.
43. The Participant(s)/Winner shall comply with the laws of India.
44. By participating in the Contest, it is construed that the Participant(s)/ Winner(s) has read and understood these Principle Rules including the General Rules stated and has agreed to abide by the same.
45. 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 selection of Winner 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/Winner who has raised the dispute.
46. Subject to the provision of 45 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.