Enga Pullainga Ellam Bayangaram
Terms & Conditions
These terms and conditions (‘ Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’) who voluntarily agrees to participate in the contest titled “Enga Pullingo Ellaam Bayangram” (‘Contest’) which will be hosted by Asianet Star Communications Pvt. Ltd. (“Star / ASCPL/ Company”) on vijay.startv.com (collectively referred as “Website/ Platforms”) for the purpose of promotion and viewer engagement of its channel ‘Vijay Music “ (“Channel”) and its programs (“Vijay Music Programs”). The Contest will be conducted on the Channel.
The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects.
ASCPL reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on Website/ Platform, unless otherwise mentioned. The Participants are encouraged to re-visit the Website/ Platform to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defense in any proceeding with regard to the Contest.
You are required to click on the tab ‘I ACCEPT’ at the end of the page. The failure to accept these Terms and Conditions by You will disqualify your participation in the Contest .
2. The Contest will commence on 5th November 2020 at 00:00 hours Indian Standard Time (IST) and will end 30th June 2021 at 23:59 hours IST (“Period/ Contest Period ”) on the Platform. For sake of clarity it is clarified that the Contest Period shall consist and be further fragmented into a period of 14 (fourteen) days each commencing from Monday of one particular week and ending on Sunday of the subsequent week , each such14 (fourteen) days period hereinafter individually referred to as “Fortnightly Period”, for example (i) Fortnightly Period no.1 starting from 5th November 2020 to 22nd November 2020; (ii) Fortnightly Period no.2 starting from 23rd November 2020 to 6th December 2020; (iii) Fortnightly Period no.3 starting from 7th December 2020 to 20th December 2020; (v) Fortnightly Period no.4 starting from 21st December 2020 to 3rd January 2021; (vi) Fortnightly Period no.5 starting from 4th January 2021 to 17th January 2021 and so on . ASCPL reserves all rights to make amendments to the Period and/or Terms and Conditions and/or such other terms and conditions stated herein, without giving prior notice to the Participants. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions for the Contest on the Platform from time to time. ASCPL also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).
· log in to the Platforms and click on the relevant page/tab of the Contest on the Platforms or in any other manner or form as may be prescribed /requested on the Platform.
· Upon entering into the relevant page/tab of the Contest on Platform ,a List of Tamil songs (drop down) shall be displayed (“Songs ”) . For avoidance it is clarified that these Songs shall be subject to refresh and change on a fortnightly basis during the respective Fortnightly Period. It is further clarified that the Participant is solely responsible to keep himself / herself updated on the applicable Songs to be used for the purposes of the Contest on a fortnightly basis by visiting the Platform and checking them from time to time during the Fortnightly Period .For the purposes of participating in the Contest , submitting his / her Video / Entry (as defined below) and being entitled to the Gratification (as defined below) , the Participant shall be mandatorily required to select any 1 (one) of the Songs displayed on the Platform during the respective Fortnightly Period in the dropdown In the event the Participant selects and /or uses any song, other than the Songs displayed on the Platform during the Fortnightly Period in his / her Video and /or selects one Song but uses another Song in his / her Video , then the Company has the sole right to disqualify such Entry / Video from further participation in the Contest without any claim or protest from the Participant .It is further clarified that the Company shall be free and entitled to extend or reduce this Fortnightly Period as it may deem fit without any objection from the Participants.
- Thereinafter a registration form shall be displayed and the same is required to be filled by the Participant(s) who shall fill in all the relevant and necessary details as stated and enumerated therein The Participant(s) shall submit the following personal details of the Participant including but not limited to full name, gender, age, address, , nationality, city of residence, name of the Song selected and being used in his / her Video, registered mobile number(s and/or any other information/documentation as sought by the Company, at its discretion during the Contest Period (“ Personal Information”) in a manner and form, as requested and /or prescribed on the Platform. Post submitting the Personal Information in the registration form as mentioned above on the Platform by the Participant, the Company will send an OTP (One Time Password) to the registered mobile phone number to authenticate and verify the validity of the registered mobile number submitted by the Participant(s) as part of his/her Personal Information. The Participant(s) will be required to mention the OTP received on their registered Mobile Number within the permitted time as mentioned therein on the Website, post which, the Participant(s) will be able to proceed further with the registration process. In the event the Participant fails to verify /authenticate the validity of his/her mobile no or validate the OTP during such mobile verification by the Company, the mobile no. shared by the Participant is found to be false and /or unauthenticated and /or fabricated and /or the said mobile no. not registered in his / her name , then the Company shall have the right to forthwith disqualify the Participant from further participation and his/her Entry shall immediately be considered to be null and void.Further if during such verification by ASCPL ,the registered mobile number shared by the Participant is found to be false and /or unauthenticated and /or fabricated ,then STAR shall have the right to forthwith disqualify the Participant from further participation and his /her Entry shall immediately be considered to be null and void .
- The Participants shall then upload their videos on the Platform(s) in the manner provided below:
- Video Upload Functionality :
i. the Participant(s) shall upload and /or submit one (1) video in MP4 format featuring a dance performance by him /her on any 1 (one) Song as displayed on the Platform during the respective Fortnightly Period each video comprising of a minimum duration of 60 (sixty) seconds and maximum duration of 300 ( three hundred ) seconds Video(s)”). It is clarified that the Video may comprise of an individual or a group performance as deemed fit , It may be clarified that Videos uploaded in any other format other than that prescribed or having an unclear audio or video will be deemed invalid and will be disqualified. The Video shall be uploaded by the Participant afresh on the Platforms as per the terms stated therein and not through any third party links or applications such as YouTube, Dubsmash, etc.
i. For purposes of the Contest, “receipt” of Video or Entry ( as defined below) occurs only after submission of OTP and completion of the verification process and when the Platform(s) server records receipt of the Video upon the participant clicking “Submit/Post/Upload” button and the Video appears on the tab page of the Contest on the Platform. It may be clarified that ASCPL shall not separately notify any Participant in respect of acceptance/due submission of the Video(s) uploaded.
ii. For the Purposes of this Contest and qualifying for the Gratification (i) Logging onto the Platform in the manner as stated hereinabove (ii) being a resident of India aged eighteen (18) years or above during the Period of the Contest (iii) furnishing the Personal Information in the mode and manner as prescribed, (iv) mandatorily selecting a Song from the drop down list displayed during the respective Fortnightly Period and mandatorily uploading the Video using the pre- selected Song only ( as per the terms set out herein) on the Platform and completing the authentication process for verifying his / her registered mobile number in the manner as set out herein, shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Video on the Platform with a different song not part of list of Songs displayed on the Platform during the corresponding Fortnightly Period and /or Contest Period and /or with a Song which is different from the Song that was pre selected by him / her in the earlier stage or if the Participant is not resident of India or is a minor, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible to be shortlisted for the Gratification (as defined below). The Participant(s) agrees and acknowledges that by submitting the Entry and /or Video the Participant(s) is representing that the Entry(s) and /or Video or contents thereof are not confidential or comprise any sensitive personal information.
iii. It is further clarified that one Participant can upload Videos / Entries only once through his/her single registered mobile number forming part of the registration form and that Only Entries submitted during the respective Fortnightly Period of the Contest Period shall be considered for the purpose of the Contest;It is further clarified that if the Participant has already registered and submitted same Entries (as defined below) and /or uploaded same Video(s) on the Website multiple times through a particular registered mobile numbers and/or registered and submitted different& multiple Entries (as defined below) and /or uploaded different& multiple Video(s) ( each featuring & using different Songs belonging to the respective Fortnightly Period , then only the first Entry from that particular registered mobile number shall be considered and all subsequent Entries and /or Video(s) shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Contest. Additionally, it is clarified that a specific Participant cannot register and submit same Entries (as defined below) and /or upload same Video(s) on the Website through multiple registered mobile numbers. In such cases only the first Entry submitted by the Participant through a particular mobile number shall be considered and the others shall be deemed invalid.
iv. The Participant hereby represents, covenants and declares that (i) the Video is original and is performed by the Participant (ii) the Video does not and will not constitute any infringement of copyright or any right of privacy or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurts the religious sentiments of people worldwide or be defamatory of any person deceased or alive, or blasphemous in its content (iii) that he/she fully owns and controls all rights and interests including all intellectual property rights in the Video(s) and that no other person or party has right or interest in the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever, (iv) the Video(s) shall not expose STAR to civil and/or criminal proceedings and /or claims of any nature whatsoever (v) the Video(s) are not subject to any lien, charge, or any other encumbrance whatsoever (vi) the Participant has not granted any rights in the Video(s) to the prejudice of any rights granted to STAR hereunder (vii) the Video(s) is not violative of or in contravention of any applicable laws (viii) all necessary licenses and permissions required for the utilization of the Video(s) by Star for the purpose of the Contest have been secured by the Participant in accordance with the existing Terms and Conditions and applicable laws without any recourse to Star. In the event the publishing of the Video(s) is assessed to be prohibited in any manner and /or considered to be inappropriate due to moral, political or religious reasons or any reason whatsoever, the respective Platforms and/or STAR shall have the right to at their discretion to edit/ remove/cut the contentious portion and re-publish such Video(s) or reject the Video(s) altogether, and the Participant agrees not to object to the same. The Participant(s) must ensure that no false and/or misleading statements are made by him/her and that he/she does not refer to any commercial product and/or service in theVideo. The Participant agrees and undertakes that the Video submitted by him/her for the purpose of the Contest is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.
v. Star shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Entry/Video and the Participant(s) shall unconditionally co-operate to facilitate the same. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate Personal Information, Video(s) not in the required format as prescribed herein or which consist of content which is offensive or abusive or blasphemous or copied will be considered invalid, shall be considered null and void and will be disqualified from participating in the Contest.
vi. The Participant(s) agrees and consents to the use by STAR of the Video forming part of the Entry on the Platforms, any other social media page of STAR or on any media or platform as STAR may deem fit for the purpose of promotion of the Contest and Gratification ( as defined below). Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby assigns in favour of STAR a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, on an outright basis ,all Intellectual Property vested in the in the Entries including the Videos forming part of it, to Exploit the Videos in any manner deemed fit by STAR at its discretion including but not limited to any other social media platform page of STAR, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for the Gratification and /or any promotional purposes towards the Contest, as deemed fit by STAR. The Participant agree and acknowledge that the Channel /STAR shall have the sole and exclusive right to edit, alter, modify and or use any Videos uploaded on the Platform in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Contest and /or Gratification or any ancillary event related to the Contest .
vii. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Rules and Regulations. The Participant(s)/Winner(s) waives off his “Moral Rights” with respect to the Video or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Video uploaded and submitted by the Participant(s) in any manner whatsoever. The Participant(s)/ Winner(s) undertake not to create any lien, charge, or other encumbrance, on the Entry and /or Video at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Video and /or Entry including the modified videos in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Video in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in the Video including rights in any form of intellectual property and rights in any form of exploitation will be owned by STAR throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Video and /or Entry and /or modified video by STAR or any third party authorized by STAR, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.For the purposes of this Contest, “Exploitation” shall mean 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 in its sole discretion and shall include incorporation of the Materials including performances in the Video(s) or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
viii. During the Period , at the end of the respective Fortnightly Period on the basis of the Participant(s) having made a valid Entry, all the Video(s) uploaded on both the Platform and fulfilling the criteria set out herein shall be collectively viewed and rated by a panel comprising of the representatives of Star as determined by Star in its sole discretion., STAR shall shortlist Videos / Entries . This panel shall rate these shortlisted Video(s) on the basis of _ performance, grace, talent and creativity of the Participant fun quotient and /or any such other criteria as may be solely determined by Star at its sole discretion and accordingly shortlist Participants. Out of these shortlisted Participants, STAR shall, based on the criterion mentioned hereinabove at its sole discretion, select and declare the 30(thirty) top best rated Videos from the Videos uploaded during the corresponding Fortnightly Period (“Top30”). . The Participants by whom Top 30Videos are uploaded shall be collectively referred as the “Winners”. The Winners shall be entitled to gratification in the form of having their winning Entries / Videos telecast / broadcast on the Channel anytime during the subsequent Fortnightly Period and /or Contest Period (“ Prize/ Gratification )
4. The final selection of the Winner(s) shall be made by STAR and shall be final and binding on the entire Participant (s)/Winners and in no event shall the Participant (s)/Winner(s) dispute the decision made by STAR or its employees in connection to the Entry/ nd /or the Contest and/or the Prize. 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, and/or the Prize, the decision of STAR shall be final and binding. It is further clarified that Star shall be free and entitled to at its sole discretion , either increase or decrease the number of Winners declared as part of this Contest without any objections from the Participants .
5. The Participants/Winner(s) shall not in any circumstances make any claims against STAR entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults 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.
6. The Participants/Winner(s) shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the on which this Contest is hosted.
7. 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 and/or STAR entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
8. STAR reserves the absolute right and discretion to reject any “Entry/Video” or any part thereof at any stage of the Contest, including after declaring the Winner(s) if STAR:
a. receives any notice or complaint relating to the Entry/ Video not being compliant of the Rules and Regulations including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;
b. Participant further agrees and undertakes that he /she shall not upload, or submit any video that:
· belongs to another person and to which the Participant does not have any right to;
· is grossly harmful, harassing, blasphemous, pornographic, pedophilic, 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;
· 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 Video or communicates any information which is grossly offensive or menacing in nature;
· impersonates another person;
· contains software viruses, Trojans, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, including harming recipient’s computers/system/servers etc.;
· 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 cognisable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant agrees that STAR has the right to remove any such material/Entry which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.
The decision of STAR in this regard shall be final and binding upon the Participant(s)/Winner(s).
9. Neither STAR and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and /or and the Winner(s) and /or agree not to hold STAR and/or the Channel and its employees, responsible with regards thereof.
10. 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 below and has agreed to abide by the same.
11. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Participant (s) and in no manner whatsoever shall the Channel/ STAR, be responsible for the same.
12. Irrespective of whether the Participants have been disqualified and /or their Videos have not been shortlisted by the panel of STAR, STAR shall continue to have the right to Exploit and /or publish the Videos submitted by the Participants on any platforms owned by STAR worldwide in perpetuity without any objection or claims from the Participants
13. For avoidance of doubt it is clarified that the final selection of the Winners made by Star shall be final and binding on all the Participants and in no event shall the Participants dispute the decision made by the STAR or its employees. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning shortlisting of Videos to qualify for the Contest, the decision of STAR shall be final and binding.
1. Employees of ASCPL and /or Channel or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Tamil or English; are ineligible to participate in the Contest.In the event of any fault, ASCPL shall be final.
2. The entry process is strictly open to Participant(s) residing in India only during the Contest Period of the Contest and of the age of 18 (eighteen) years and above only. 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. If required by the Company ,Proof of age, of the Participant(s) in the Entry must be submitted (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) or any documentation as may be required by STAR to confirm the eligibility of the Participant(s). STAR also reserves the right to disqualify a Participant(s)/Winner(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) at any point in time during the Contest Period.The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR in relation to the Contest. The Winner(s) represents and undertakes to execute and produce such further documents as may be required by STAR a in relation to availing the Gratification herein.
4. Each Participant(s)/Winner(s) consents to the use of Personal Information submitted by the Participants)/Winner(s) including the Entry/Answer for the purpose as set out in these Terms and Conditions .
5. ASCPL reserves the right to cancel and/or postpone the Contest without assigning any reasons and/or without giving any prior intimation to the Participant (s).
6. ASCPL shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to Platform , 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 ASCPL.
7. In case of any telecom and /or network failure and /or technical failure /breakdown on the Platform and /or technical failure in submitting the Video(s) and/or for any reasons whatsoever, STAR reserves the right to at its sole discretion to change the Platform and /or the mechanism for submitting the Video(s) and /or cease from accepting such Video(s) of the Participants in any manner it may deem fit and necessary. In such event, STAR shall be entitled to exercise the option of putting the Contest and /or the selection and declaration of Winner(s) in abeyance, as it may deemed fit at its discretion . In addition STAR shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in either of the Platforms’ mechanism for submitting the Video(s) including without limitation system/failure on the Platform ,logging on the Platforms 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.
8. Participant(s) shall not in any circumstances make any claims against STAR 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 Videos will be disqualified.
9. The Prize/ Gratification cannot be transferred, negotiated, refunded or exchanged for money etc. For the sake of clarity, there shall be no other gratification monetary or otherwise other than that stated herein .
10. STAR shall not be responsible for any Entries/ Video(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
11. STAR reserves the right to forfeit the Prize in the event it is found by STAR India or STAR has a reason to believe that any information provided including Personal Information by the Winner(s) is wrong, fraudulent or any misrepresentation is made by the Winner(s). STAR shall have the right to declare another Participant(s) on a random basis on the criterion mentioned herein) as the Winner(s) of the Contest, at its sole discretion and transfer the Prize to that person. Such decision of STAR shall be final and binding.
12. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of STAR India the Gratification and/or anything in connection to the Gratification and/or the enjoyment of the Gratification becomes ineffective or invalid (eg. cancellation/postponement of the event), STAR shall not be held responsible and/or liable for the same.
13. STAR 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.
14. The Winner(s) of the Contest agrees that he/she shall make himself/herself unconditionally available from time to time and co-operate with STAR and participate in any activity and/or campaign (if applicable)(" Promotional Activity") of any nature whatsoever in respect of the promotion of the Contest and /or Channel and .or Vijay Music Programs without any money payable to the Winner(s). Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) agrees that the footage of any nature with regard to the Winner(s) from such Promotional Activity and any recording thereof shall vest with STAR India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and in any media whatsoever at any time throughout the world.
15. 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 Contest and /or Channel and .or Vijay Music Programs.
16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest, and /or the Prize in any manner whatsoever to the extent permissible under law.
17. All and any incidental costs direct and/or indirect, in relation to the Prize, if applicable 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(s).
18. 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 sms mechanism and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry/ Video(s)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.
19. STAR is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant(s)/Winner(s) in any manner whatsoever, in relation to the Contest.
20. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify STAR, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/ litigation/ injury/ damage/ harm/ loss suffered by STAR in connection with any act of the Participant(s)/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).
21. Each Participant(s)/Winner(s) hereby acknowledges and agrees that the relationship between the Participant/Winner(s) Winner and STAR and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
22. The Participant(s)/Winner(s) 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 Rules and Regulations and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then STAR shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/Winner(s) Winner forthwith and such decision shall be final and binding.
23. Participant(s)/Winner acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of 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.
24. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Video, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
25. The Participant(s)/Winner shall comply with the laws of India.
26. 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 Winners and/or Prize and/or the Contest shall be referred to a sole arbitrator appointed by STAR and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Chennai , 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.
27. Subject to the provision of 26 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 Chennai, India.