BIGG BOSS - Malayalam – Season - 3

Voting Terms & Conditions

These Terms and Conditions (defined below) shall be binding on each Viewer (defined below), in the territory of India (“Territory”) who voluntarily desires to participate in the Voting Mechanism (as defined hereunder) of the Program, for the Shortlisted Participants (as defined below) competing in the program titled “Bigg Boss- Malayalam -Season -3’’ (“Program”) which is being aired on “Asianet” (hereinafter  referred to as “Channel”), being the channel owned and operated by Asianet Star Communications Private Limited (“ASCPL”)

 

The following voting terms and conditions (“Terms and Conditions / Voting Rules”) govern the entire process of Voting Mechanism (as defined below) as detailed herein for participation in the Voting Mechanism and shall be binding on each Viewer. “Viewer” shall mean a participant in the Voting Mechanism, who resides in India, is a citizen of India, is physically present and located in India, and who is of 18 years or above as on February 14, 2021.

 

The Terms and Conditions of and in relation to the Voting Mechanism as stated herein, are an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

These Terms and Conditions are irrevocably binding on each Viewer who voluntarily participate in the Voting Mechanism. The privacy policy available at https://www.startv.com/legal-terms-policies/#wpp (“Privacy Policy”), which is deemed accepted and agreed to by every Viewer, by agreeing to participate in the Voting Mechanism, shall govern all usage of any Personal Information (as defined in the Privacy Policy available at the aforementioned link) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by ASCPL under or pursuant to the Voting Mechanism.

The Voting Mechanism shall be governed by the Principal Rules and General Rules as stated herein below and by agreeing to participate in the Voting Mechanism, Viewers shall be deemed to have unconditionally accepted and agreed to comply with and abide by the same prior to participating in the Voting Mechanism. If the Viewer does not agree to be bound or cannot comply with any of these Terms and Conditions and/or the Policies (defined below), then the Viewer should refrain from continuing with and/or participating in the Voting Mechanism.  The act of voting and/or participating in the Voting Mechanism as detailed below shall be deemed to be the Viewer’s absolute agreement to the Terms and Conditions contained herein, Personal Data Privacy Policy, Privacy Policy, User Generated Content of ASCPL, and Website Terms of Use (collectively, “Policies”) of ASCPL as prescribed from time to time and available at https://www.startv.com/legal-terms-policies/#wpp (“Website”). These Terms and Conditions are made available at  https://www.startv.com/legal-terms-policies/#wpp (“Terms & Conditions Website”). The Website and the Terms and Conditions Website shall hereinafter collectively be referred to as “Websites”. These Policies may be amended by ASCPL at any time without prior notice to the Viewer.

 

These Terms and Conditions, contained herein shall subsist until the first telecast of the last episode of the Program and /or any such extended duration as may be deemed fit by ASCPL and hence, save and except terms that are indented to survive these Terms and Conditions, all other terms of these Terms and Conditions shall continue to apply to all Viewers in relation to any participation in the Voting Mechanism, till such time.

 

 

 

PRINCIPAL RULES:

The following are the Principal Rules for Voting Mechanism for the Program on the Channel, as conducted by ASCPL:

  1. The Program is a reality show where individuals/housemates (“Participants”) staying in the Bigg Boss House will nominate housemates for eviction from the Program at intervals decided by ASCPL (“Shortlisted Participant”). During the Program, the viewers will be asked to cast their vote for the Shortlisted Participant whom they want to save from being evicted from the Program. The Viewer shall cast multiple votes (subject to maximum votes allowed per Voting Mechanism as detailed below) for different Shortlisted Participants. The Shortlisted Participant who gains the minimum votes from the viewers, will be eliminated from the Program.

 

  1. Further, ASCPL and/or the Channel shall be entitled to, at its discretion at any time during the telecast of the Program to re-introduce the eliminated Participant(s) or introduce fresh individuals/participants to participate in the Program (“Wild Card Entries”).

 

  1. In the event any of the Participants are unable to participate and/or unable to appear and/or withdraw their participation, for any reasons whatsoever, ASCPL and/or the Channel reserve the right to replace such Participant(s) with previously eliminated participants or replace such housemate with any other new participants and such decision shall be final and binding on all the Viewer(s). ASCPL and/or the Channel shall not entertain any complaints or queries related to it.

 

  1. The Voting Mechanism (as detailed in clause 8) will open and end for the period tabulated in Clause 11 below (“Period”) in the Territory as mentioned herein. During the Period, the Viewers in the Territory can vote for their favorite Shortlisted Participant, as per the Voting Mechanism detailed below. ASCPL and/or the Channel shall in its discretion be entitled to close the Voting Mechanism for specified Voting Cycles (defined below) during the Period. ASCPL may at any time, in its discretion, increase or decrease the Period for voting without any prior notice and liability whatsoever.

 

  1. The Program will be telecasted from February 14, 2021 onwards, on the Channel at the timings stated below or such other dates and timings as amended and updated on the Website by ASCPL from time to time. It shall be each Viewer’s sole responsibility to periodically check the Website for any update(s) or modification(s) to the timings and dates for telecast of the Program, and/or, for other changes to the Voting Mechanism and/or other details pertaining to the voting.

 

DAY

TIME OF TELECAST

Week Days

21.30 IST to 22.30 IST

Week Ends

21.00 IST to 22.30 IST

 

  1. The votes, for each episode/day (“Episode/Day”), should be sent only during the timelines specified hereunder and any votes sent after the Voting Cycle (as set out below) for the applicable Episode, shall not be considered and shall be deemed null and void.

 

  1. To participate in the voting, the Viewers must watch/are deemed to have watched the Episodes of the Program being telecast on the Channel every day, on the times as mentioned in Clause 5 of these Principal Rules. The Viewers by participating in the Voting Mechanism will get an opportunity to cast their votes for any Shortlisted Participant of that Episode(s) of the Program.

 

  1. The Viewers interested in voting can participate by choosing to cast their votes for their favorite Participant through the mechanism as mentioned below and shall be subject to the its requirements and rules:

 

8.1      Login to Hotstar Application in Android/IOS Devise, visit the Bigg Boss Malayalam page and click on the Vote now button as more fully described in Rule 10

The above mechanisms together with any other mechanism that the Channel/ASCPL may provide from time to time shall hereinafter collectively be referred to as “Voting Mechanism”. It is clarified that ASCPL can amend or modify or dismiss any of the above-mentioned mechanisms at its sole discretion.

 

  1. Intentionally Deleted

 

 

 

  1. Hotstar Voting Mechanism:

A Viewer interested to cast his/her vote, by using Hotstar Voting Mechanism, will be subject to the following mechanism:

 

  • The Viewer will have to Login to their account on the updated Hotstar Application in Android or IOS Device and/or any operational devices, visit the Bigg Boss Malayalam page and click on the Vote now button for casting his/her vote through this Voting Mechanism. Viewers are advised to check for updates of the Hotstar application from time-to-time.

 

  • The Bigg Boss Malayalam page will list the names of the Shortlisted Participant in a particular Voting Cycle.

 

  • The Viewer has to cast his/her vote for their desired Shortlisted Participant’s against his / her name/emoji to save him/her from eviction.

 

  • Only a maximum of 50 (fifty) votes per day per login, per corresponding Voting Cycle will be allowed through the Viewer’s Android and /or IOS Device and/or any operational devices for a particular Shortlisted Participant.

 

  • The Viewer will not be charged in the Hotstar Voting Mechanism to cast the vote, however, there may be cost levied to the Viewer, at the applicable rate, by the network provider for using internet connection which should be verified by the Viewer at his/her sole responsibility. In case of casting vote while roaming in different circle/zone, additional roaming rates for browsing of the internet may be applicable. ASCPL, Channel, Hotstar shall not be responsible for any such charges incurred by the Viewer and all charges for browsing/using internet to cast such vote shall be borne solely by the Viewer.

 

  1. In the Voting Mechanism, the Viewer should cast his/her votes for a particular Shortlisted Participant, for the respective Episodes of the Program, during a particular Voting Cycle (as defined below) and any vote cast after the Voting Cycle shall neither be considered as vote(s) for that Episode nor for the next Voting Cycle. The voting cycle for each Episode shall commence from the Start time and end on the voting End Time (“Voting Cycle”) as detailed below, on the start date as mentioned on the Channel:

 

     

Voting Start Time

Voting End Time

No. of votes per login

Monday

10:30 PM

Monday

11:59:59 PM

50

Tuesday

12:00 AM

Tuesday

11:59:59 PM

50

Wednesday

12:00 AM

Wednesday

11:59:59 PM

50

Thursday

12:00 AM

Thursday

11:59:59 PM

50

Friday

12:00 AM

Friday

11:59:59 PM

50

 

NOTES:

  1. The above weekly Voting Cycle will change with effect from eleventh (11th) week of the Program (inclusive). Accordingly, the weekly Voting Cycle for this period will consists of four (4) days only, starting from 10:30 PM on Mondays & closing at 11:59:59 PM on Thursdays and there will not be any voting on Fridays.  That is, the weekly Voting Cycle corresponding to week-11 shall be open from 10:30 PM on Monday- April 26, 2021 and will be closed at 11:59:59 PM on  Thursday- April 29, 2021 and; so on for the rest of the period, save and except for week-13, for which the Voting Cycle will be open from 11:00 PM on Sunday- May 9, 2021 and closing at 11:59:59 PM on Thursday- May 13, 2021.   
  2. There will not be any elimination during week-12. Consequently, for the purpose of shortlisting participants for elimination in week-13, the cumulative votes received by the participants during the voting cycles corresponding to week-12 and week-13 together will be considered.
  3. Only a Maximum of 50 votes will be allowed per day per login, during a Voting Cycle. The Viewers may cast the 50 votes allowable per day to any one or more of the participants of their choice. Any number of votes cast exceeding the limit mentioned hereinabove, will not be considered and shall be null and void.

 

 

  1. Votes sent after the Period and/or after the applicable Voting Cycle as tabulated in Clause 11, will not be considered valid and shall be deemed null and void without requirement of any further intimation by ASCPL or the Channel. ASCPL/Channel reserves the right to alter/modify/ reduce or increase the duration of the Voting Cycle as and when it desires without any further liability or notice to any person.

 

  1. Every week, the Shortlisted Participant with the lowest number of votes will get eliminated from the Program and other remaining Participants will be eligible to continue in the house, in accordance with the format of the Program. It is further clarified that the elimination is purely based on the Cumulative of votes received through the Voting Mechanism, as set out herein. In no event, shall the Participants, the Shortlisted Participants, or the Viewer(s) dispute the decision made by ASCPL and/or the Channel or make any claims in this respect in regard to any aspect of the Program and/or the Voting Mechanism including the Terms and Conditions, the format of the Program, selection of the Shortlisted Participants, the Shortlisted Participant being evicted on the basis of the votes received, or any remaining Participants surviving the elimination.

 

  1. ASCPL and/or the Channel reserve the right to modify the format of the Program, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program or at any time during the Period. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time available on the Website. It is further clarified that in case of final scores (i.e., votes received as per the Voting Mechanism) being tied for two (2) or more Participant(s), the decision of ASCPL and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and/or challenged in a court of law, to the extent permissible under law. Without limiting the foregoing, under no circumstances will ASCPL, Channel, its assigns and/or affiliates be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, arising in any way whether in contract, tort (including negligence) or otherwise. The Viewer specifically waives his/her right to seek injunctive relief against ASCPL, the Channel, its assigns and/or any of their affiliates or any entity in relation to the Program, and/or the Voting Mechanism, to the maximum extent permitted by law;

 

  1. The details of the Voting Mechanism will be announced during the telecast of the Program on the Channel.

 

  1. The Viewer(s) can cast their votes for only those Shortlisted Participant(s) of the Program who have participated in that particular Day/Episode. Any votes sent by the Viewers for the Shortlisted Participants who were not a part of that particular Day/Episode due to elimination or not shortlisted for any other reason whatsoever, shall not be considered valid and shall be null and void. Further, any votes cast before or after the Voting Cycle mentioned in the ‘Voting Mechanism’ shall not be considered valid and will not be counted.

 

  1. The voting is merely to enable the Viewers to choose their favorite Participant or to vote for the performance of a particular Shortlisted Participant that they have liked. No winners will be declared and/or prizes distributed for the Viewers participating in the Voting Mechanism. Each Viewer participating in the Voting Mechanism agrees and acknowledges that he/she shall not be entitled to any gratification of any nature whatsoever. Viewers shall not be entitled to make any claims in respect of any compensation or gratification whether monetary or otherwise against the Channel, ASCPL and/or the Program or entity in relation thereto.

 

  1. The elimination of the Shortlisted Participant by the Voting Mechanism and/or the decisions made by ASCPL and/or the Channel in any aspect of the Program/Voting Mechanism shall be final and binding on all the Viewers and in no event, shall the Viewers dispute the decision made by ASCPL, Channel and/or its employees/representatives in connection to the same.

 

 

General Rules

  1. The Viewer by way of voluntarily participation in the Voting, represents and warrants that he/she has read these Terms and Conditions and that he/she is 18 years old or The Viewer further represents and warrants that (i) he/she is not restricted from or under any disability, whether legal, contractual or otherwise which may restrain/prevent him/her from participating in the Voting Mechanism; and (ii) he/she shall comply with the applicable laws and these Terms and Conditions and the Policies. Failure of any Viewer to comply with the Terms and Conditions and/or the Policies will disqualify such Viewer from participating in the Voting Mechanism and/or render the vote cast by such Viewer null and void.

 

  1. Proof of age, if requested, of the Viewer(s) must be submitted to ASCPL as may be required by ASCPL to confirm the eligibility of the Viewer(s).

 

  1. ASCPL and/or the Channel reserves all rights to make amendments to the existing Terms and Conditions, and/or withdraw, change, alter, amend the Voting Mechanism, process of elimination including any Shortlisted Participants for a Voting Cycle, the schedule of the Episodes of the Program and/or, Participants of the Program and/or any other details of the Program, Terms and Conditions, Period and/or Program, at any time, without any prior notice to the Viewer. It is deemed by agreeing to participate in the voting, the Viewer has verified the Terms and Conditions on ASCPL’s Official website at https://www.startv.com/legal-terms-policies/#wpp

 

  1. ASCPL reserves the right to cancel, reschedule, and/or postpone the Program and/or the Voting Mechanism for any or all Episodes without assigning any reasons and/or without giving any prior intimation or liability to the Viewers or any other person.

 

  1. All viewer(s) are advised to remain in areas with strong and stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting of vote.

 

  1. Viewer(s) agree and acknowledge that there is no prize/gratification in voting for the Shortlisted Participant as detailed herein. Viewers shall not be entitled to make any claims in respect of any compensation or gratification whether monetary or otherwise, against the Channel, ASCPL and/or the Program.

 

  1. The Voting Rules shall be advertised sufficiently across the Website and /or the Channel to ensure that no Viewer is misled and each Viewer fully understands the entire process and costs (if applicable) for voting. It is clarified that all costs towards voting shall be borne by the Viewer solely without any recourse whatsoever to ASCPL and/or the Channel.

 

  1. In case a Viewer(s) is found to be in non-conformance of the Voting Rules, then ASCPL will be entitled to at its sole discretion disqualify the Vote(s) received from that Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible by law, the same shall not be disputed or challenged.

 

  1. Neither ASCPL nor the Channel or any of its affiliates including Hotstar shall be responsible in any manner whatsoever for any acts or omission of any third party service providers including anynetwork problems, technical failures, interruptions, disruptions, malfunction, system failure whatsoever and/or the data charges/costs charged by the network operator(s) and/or any other problems which may occur due to the failure of the Voting Mechanism or misuse of the Voting Mechanism or any kind of problems in connection thereto. Any dispute in connection to the same should be settled between the Viewers/subscribers and the operator(s) directly without involving ASCPL and/or the Channel in any manner. Notwithstanding anything to the contrary, ASCPL and/or the Channel and/or Hotstar shall in no manner be responsible for the inability, failure of the Viewer to cast any vote or delay in casting of any vote, for any reasons whatsoever, including without limitation network failure, technological reasons or any events beyond ASCPL’s/Channel/Hotstar’s control. Viewers shall not in any circumstances make any claims and, to the maximum extent permissible under law, hereby irrevocably and perpetually waive their right to make any claim against ASCPL, 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 the Voting Mechanism/Show;

 

  1. Neither ASCPL nor the Channel or any of its affiliates including Hotstar shall be responsible for any unauthorized access to any data of any person including any Viewer and/or for any compromise on private / confidential user related, or any other data, including but not limiting to user ids, email address, names, and any other personally identifiable details of the Viewers.

 

  1. Without limiting the provisions of clause 3 of these General Terms, in case of any network failure, technical problem and/or for any reasons whatsoever, ASCPL reserves the right to change the Voting Mechanism or any aspect thereof, and/or cease from accepting votes of the Viewers for any and/or all the Episode(s)/Voting Cycle(s) of the Program, or take such necessary steps as it may deem fit.

 

  1. While all attempts will be made to protect the voting data from loss and/or corruption, Viewers agree and acknowledge that all systems are prone to failure and/or hacking attempts. In the event of any data loss, ASCPL may disqualify all the votes received or conduct a re-voting or continue with whatever data available in the manner it deems fit, at its sole discretion without any intimation or liability to any person whatsoever. ASCPL will not be responsible for any damage resulting from the loss of votes/data or action taken by ASCPL on account of the same. ASCPL will not be responsible to make good any loss or dissatisfaction suffered by the Viewer on account of such loss. The Viewer shall not and, to the maximum extent permissible under law, hereby irrevocably and perpetually waives its right to make any claim, raise any dispute, and/or hold ASCPL, Channel, its affiliates liable for any costs, injuries, losses or damages arising out of any unauthorised loss of any data/votes for any reason whatsoever.

 

  1. ASCPL will not permit or entertain any requests or claims to check / audit / challenge the counting, mechanism or part thereof, including any rationale or logic behind the current Voting Mechanism

 

  1. ASCPL and/or the Channel reserve the right to suspend any of the Participants in case it has reasonable grounds to conclude that the Participants have been accused of any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which the ASCPL and/or Channel may deem to be tantamount to general misconduct. Such Participants may be disqualified at any time from the Program irrespective of them being Shortlisted Participants for the Voting Mechanism or not.

 

  1. Upon the Viewer’s voting for the favourite Shortlisted Participant, the user ID and email ID or phone number from which the Viewer(s) has voted during the Voting Cycle would get registered with the respective network provider(s) who will collate the total number of votes received for each Shortlisted Participant and send the same to the audit committee as engaged ASCPL/Channel and the final data will be received by ASCPL/the Channel and as per the results shared by the audit committee, the evicted Participant shall be declared. By participating in the Voting Mechanism, the Viewer also represents that the Viewer is the owner or customary user of the mobile phone number from which he/she has placed the call. The Viewers hereby expressly consent to the sharing of their user and email id(s), phone number(s), as per the Voting Mechanism used by the Viewer, with the audit committee engaged by ASCPL and/or the Channel in its discretion. By participating in the Voting Mechanism, the Viewer has authorized ASCPL, to contact the Viewer through email, automatic telephone dialing systems, automatic texting systems and artificial or pre-recorded messages, including without limitation IVR’s and hotlines including in relation to promotion of the Program.

 

  1. Warranty Disclaimer: The Viewer(s) agree that their participation in the Voting Mechanism is at their own risk. To the fullest extent permitted by law, ASCPL, Channel, their its affiliates, and each of their respective officers, directors, employees, third party service providers, and agents disclaim all warranties, express or implied, in connection with the Voting Mechanism, including warranties in respect of fitness for purpose.

 

  1. The Viewer(s) agrees that he/she shall hold harmless and hereby irrevocably and unconditionally releases the Channel, ASCPL, its employees, officers or any other person or entity connected with the Program, the Voting Mechanism, in relation to any injury/damage/harm/loss suffered by him/her, in any manner, whatsoever in connection with the Voting Mechanism or any aspect of these Terms and Conditions, and, without prejudice to the foregoing, to the maximum extent permissible under law, expressly agrees to not file in person/ through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum anywhere in the world against any sponsor of the Program, and/or the Channel and/or ASCPL, or any of their employees, representatives, any person or entity connected with the Voting Mechanism or the Program, to claim any damages or reliefs’ or otherwise. If the Viewer(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding votes will be disqualified.

 

  1. The Channel and/or ASCPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to any person, including the Viewer/voter in any manner whatsoever, in connection to the Program, Voting Mechanism and/or any aspect related thereto.

 

  1. ASCPL and/or the Channel reserves the right to disregard the vote(s) in the event ASCPL/Channel observes any irregularity in the voting pattern of the vote(s) sent by the Viewer(s) and/or if ASCPL/Channel in its knowledge has reason to believe that any Viewer(s) has acted in a fraudulent manner and/or engaged in any deceitful activity in sending the said vote(s). ASCPL and/or the Channel has the right to substitute an alternative voting method at its sole and absolute discretion.

 

  1. The elimination of the Participant(s) and/or any other decision(s) made by the Channel and/or ASCPL regarding the Program and the Voting Mechanism shall be final and binding on all the Viewers and in no event, shall the Viewer(s) dispute the decision made by ASCPL, Channel and/or its employees/representatives in connection to the Program, the Shortlisted Participants, the Participants, the Voting Mechanism, or any part thereof.

 

  1. Other third party websites may provide information in relation to the voting process, timelines or any other information which may appear relevant to the Program, however, the content on such websites is not subject to the control of ASCPL, and the owners of such third party websites, may be independent from ASCPL. ASCPL does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewers basis such information.

 

  1. Viewer(s) shall not attempt to transmit any unauthorised content including but not limited to services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters. Viewers shall not in any manner transmit or attempt to transmit any content that is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, harassing, 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; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; or violates any law for the time being in force; deceives or misleads the addressee about the origin of such material or messages or communicates any information which is grossly offensive or menacing in nature; impersonates 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, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

  1. By voting and/or proceeding to participate in the Voting Mechanism it is deemed that the Viewers have read, understood, accepted and unconditionally and irrevocably agreed to abide with all the Terms and Conditions of the Voting Mechanism and other Policies.

 

  1. The Viewer(s) agrees and acknowledges that nothing contained herein or otherwise, imposes an obligation on ASCPL and/or the Channel to run the Voting Mechanism.

 

  1. By participating in the Voting Mechanism, each Viewer acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with these Terms and Conditions, 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 participating in the Voting Mechanism (if any). Notwithstanding the foregoing, under no circumstances will ASCPL and/or the Channel and/or Hotstar, or any of their employees, officers, directors, representatives, 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.

 

  1. Each Viewer hereby acknowledges and agrees that the relationship between the Viewer and ASCPL, Channel, and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

 

  1. Each Viewer acknowledges that in case the performance of the Voting Mechanism and/or any provisions of these Terms and Conditions cannot be fulfilled due to war, industrial action, flood or any Act of God or any reasons beyond the control of ASCPL or the Channel, 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 or more, then ASCPL shall be at liberty upon its sole discretion to terminate the Voting Mechanism forthwith without any intimation or liability to any person, and such decision shall be final and binding.

 

  1. In case any portion/clause of these Terms and Conditions are deemed invalid or becomes unenforceable or prohibited by the law of the country or any order of a court or judicial/regulatory authority, such portions shall be considered divisible, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision were not included herein.

 

  1. Notwithstanding anything to the contrary, ASCPL and/or the Channel makes no representation and/or warranty regarding the Program, the Voting Mechanism, and hereby expressly disclaims all representations and warranties, expressed or implied including warranties of fitness for a purpose.

 

  1. The Viewer(s) agree that the Viewer shall have no right and to the maximum extent permitted by law hereby expressly, perpetually, and irrevocably waives any right to restrain or injunct or enjoin, or attempt to restrain or injunct or enjoin, the development, production or exploitation of the Program and/or the continuance of the Voting Mechanism.

 

  1. These Terms and Conditions, and the Policies, shall constitute the entire agreement between ASCPL, the Channel, and each Viewer with respect to the subject matter contained herein, superseding any prior agreements between ASCPL, the Channel, and the Viewers regarding the same. The Viewer acknowledges that the representations, warranties, indemnities, governing law, dispute resolution, warranty disclaimer, exclusion of damages, and all waivers by the Viewer, shall survive the efflux of time.

 

  1. All and any costs direct and/or indirect, in relation to the participation in the Voting Mechanism, shall be borne by the Viewer and in no manner whatsoever shall ASCPL and/or the Channel, be responsible or liable for the same. The Viewer hereby agrees to indemnify ASCPL, the Channel, its officers, directors, representatives, and employees, from and against any claims that may arise from their acts or omissions while participating in the Voting Mechanism.

 

  1. These Terms and Conditions shall be construed in accordance with the laws of India, notwithstanding the conflict of laws principle, and any dispute or any other matter arising in reference to any aspect of these Terms and Conditions including the Voting Mechanism, shall be subject to the exclusive jurisdiction of the Courts in Cochin, Kerala.
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