Happy Birth Day Makkals

Terms & Conditions

The following Principal and General rules are the  terms and conditions (“Terms and Conditions”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the “Happy Birth Day Makkals contest” (hereinafter referred as ‘Contest’) which will be hosted  by Asianet Star Communications  Private Limited (“ASCPL/ Company”) on the on the website vijay.startv.com (“Website”/ “Platform”) as a part of the promotion and marketing  strategy for the promotion  of the program “Happy Birth Day Makkals” (“Program” ) ,to be  telecast on  “Vijay Music” (“Channel”). 

These Terms and Conditions shall be irrevocably binding on each Participant voluntarily participating in the Contest and  shall be  accessible  on  vijay.startv.com . ASCPL will have access to and collect information and data shared by the Participant including Participant’s personal information and personal information regarding  the person whom he / she wants to  send  birthday wishes as part of this Contest  . By participating in the Contest ,the Participant hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by ASCPL, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at  https://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By participating in the Contest, it is deemed that the Participant has read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Participant’s act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of ASCPL as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If the Parent on behalf of the Participant does not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify the Participant’s participation in the Contest . The Contest shall be governed by the Terms and Conditions stated herein below and the Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

 

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 .

 

PRINCIPAL RULES

 

  • Participants’ Eligibility:

 

  • The Contest is open only to persons who are the citizens of India and shall be of 18 years of age and above.
  • Permanent and/or contract employees and directors of ASCPL its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “ASCPL Entities”) and each of their immediate family members are not eligible to enter the Contest.
  • (c) The Birthday Wish  GIF ( as defined below)  forming part of the  Entry ( as defined below) to  be  submitted  on the Platform  during  a particular Weekly Contest Period  ( as defined below)  shall  be for  conveying  birthday wishes to a person  having  his / her  birthday in the subsequent Weekly Contest Period  . For example,  for  submitting an Entry  having a birth date that falls during the week of 25th October (Sunday) 2020 –  31st  October (Saturday) 2020 then they will need to submit their entry on any day between 18th  October, 2020   (Sunday) to 31st October, 2020 (Saturday) 2020

 

  • Contest Procedure:

 

  1. The Contest shall start on October 19, 2020 at 12 AM IST and end on June 30, 2021 at 11.59 PM IST (“Contest Period/Period”). It is clarified that the lines for the Contest will remain open  on  a weekly basis during the Contest Period,  extending from  every Sunday to  Saturday of that corresponding week between 12 AM IST until 11:59 PM IST (“Weekly  Contest Period”). ASCPL reserves all rights to make amendments to the Contest Period, timings, promotion period 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 from time to time. ASCPL also reserves the right to reschedule, cancel and/or postpone the Contest without any prior intimation to the Participant(s).  
  2. To  participate in the Contest and to be eligible for the Gratification (as defined  below), the Participants will  be required to submit his/her Entry during the previous week of the actual birthdate..
  3. To participate in the Contest, all persons interested in participating and /or Participants  shall be mandatorily required  to  do the following during the Period  :
  • log in to the Platform and click on the relevant page/tab of the Contest on Platform 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 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 and  his / her loved one including but not limited  to (i)Name of the Participant, (ii)Mobile number of the Participant, (iii)City name / location of the Participant , (iv)Name of the person he/she (Participant)  would like to wish / dedicate, (v)City name / location of the person they would like to convey birthday wishes , (vi)Relationship with that person and (vii)Birth date (month and day only)of the person  whom they want to convey birthday wishes to as part of the Contest 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.
  • Participant (s) shall thereafter be required to submit a personalised text message not exceeding 280 characters comprising of  Birthday Message to  the person  whom he / she wants to   convey  wishes  through the  Program / Contest  – a personalized text message wishing their loved ones on the Platform as per the terms stated therein (“Text”) .It is further clarified that  for the  purpose of participating in the Contest  and to be eligible for the Gratification , it is  mandatory  to submit the  Text on the Platform .. It is further clarified that if the Participant has already registered and submitted Entries (as defined below) and /or  Text and /or uploaded Video(s) on the Website multiple times through a particular registered mobile numbers and/or specific email id (as applicable)  for  the purpose of conveying wishes to the same person , then only the first Entry from that particular registered mobile number and /or email id 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 Auditions. Additionally, it is clarified that a specific Participant / cannot register and submit Entries (as defined below) and /or upload Video(s) on the Website through multiple registered mobile numbers and/or multiple email id’s for conveying wishes to the same person . In such cases only the first Entry submitted by the Participant through a particular mobile number and /or email id shall be considered and the others shall be deemed invalid.
  1. Once the Participant submits the Personal Information  and  Text as required as per the terms of the Platform , then he/she shall  be required to record one (1) video GIF of himself / herself   by clicking on the “record button/ tab”  available on the Contest Tab page on the Platform as per the terms stated therein and  such video shall have a Maximum duration of 5 (five) seconds  and shall be  recorded without any audio [referred to as “Video”].
  2. While submitting Personal Information, after providing the mobile number of the Participant in the registration form, an OTP (One Time Password) will be sent to the registered mobile phone number submitted by the Participant(s) as part of the registration and Personal Information .Before submitting the Video / Entry on the Platform , the Participant(s) will be required to mention the OTP received on his / her  registered Mobile Number within the permitted time as mentioned therein on the Platform, post which, the the Participant(s) will be able to proceed further with submitting the Video and completing the submission of the Entry . In the event the  Participant fails to verify /authenticate the validity of his/her mobile no  and 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 the Participants 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.
  • If at any point of time the Company finds that the mobile number shared by the Participant(s) and /or any Personal Information is found to be false and /or unauthenticated and /or fabricated, then Company shall have the right to forthwith disqualify such Participant from further participation and his /her Entry shall immediately be considered to be null and void.The Participant(s) / agrees and undertakes that all Personal Information, provided by him/her at the time of registration is true, correct, and accurate.
  • The Participant hereby represents, covenants and declares that the Birthday Message GIF is original and is performed/enacted by the Participant(s), (ii) the Birthday Message GIF 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 and that he/she fully owns and controls all rights and interests including all intellectual property rights in the Birthday Message GIF, such material and all rights therein and that no other person or party has right or interest in the Birthday Message GIF as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Birthday Message GIF shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Birthday Message GIF are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant has not granted any rights in the Birthday Message GIF to the prejudice of any rights granted to the Company hereunder (vi) the Birthday Message GIF is not violative of or in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Birthday Message GIF for the purpose of the Contest  have been secured by the Participant(s) in accordance with the existing Terms and Conditions and applicable laws without any recourse to the Compan In the event the publishing of the Birthday Message GIF 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 Company shall have the right at its sole discretion to edit/ remove/cut the contentious portion and re-publish such Video or Text  reject the Video and /or  Text  altogether and the Participant agrees not to object to the same. The Participant  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 the Birthday Message GIF  .The Participant / further agrees and confirms that the Company is entitled to reject the Entry of the Participant in the event that the Personal Information details submitted by the Participant are deficient, incorrect, untrue, or found wanting in any respect.
  • The Participant / Parent on behalf of the Minor Participant agrees and undertakes that the Entry/ Birthday Message GIF submitted by him /her is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc
  • The Participant further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update, submit, share the Birthday Message GIF and/or information that:
    1. belong to another person and to which the Participant(s) do not have any right;
    2. 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;
    3. harm minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonates another person;
    8. 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.;
    9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, Participant agrees that the Company 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.

 

  • For purposes of the Contest , logging onto the Platform, furnishing the Personal Information in the mode and manner as prescribed, mandatorily submitting the  Text and Video in the manner as stated  on the Website shall be considered as a complete and valid entry (“Entry” or “Entries”). It may be clarified that once the Video is uploaded on the Website, he/she shall not be entitled to re-submit any information, including but not limited to any Video  and /or  Text and such Entry submitted by him/her shall be considered final and valid Entry for the purpose of the Contest . Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if the Participant fails to provide submit  the Video or  Text or fails to furnish Personal Information in the manner prescribed or if the Video submitted is less or more  than the minimum duration or more than the maximum duration stated herein and /or if the Personal Information is  incorrect and false  and /or if the Text exceeds the word limit as prescribed  herein  , then his/her Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Contest . The Channel/Company shall be free at any point of time to contact and /or communicate with the Participant for availing any additional information and/or to verify any details as provided in relation to Contest  and/or the Entry and the Participant shall unconditionally facilitate the same. Any incomplete Entry and /or Entries with incorrect format, broken/bad web link, inadequate Personal Information, invalid email ID, wrong format , technical difficulties , internet problems ,invalid mobile number or which consist of content, which contains any of the elements specified in the above sub-clause, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Auditions.
  1. Entries received after the Contest  Period and /or Weekly Contest Period  and  or birthdays  not corresponding to the Weekly Contest  Period  will not be considered for the Contest  and shall be deemed null and void. The Company shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever. It shall be the sole responsibility of the Participant(s) to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein.
  2. Each Participant(s) consents to the use of information submitted by the Participant(s) including the Birthday Wish GIF for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use and exploitation  by ASCPL of the Birthday Wish GIF    forming part of the Entry  and /or  the Text and /or Video individually   across  any media or platform as ASCPL  may deem fit for the purpose of promotion of the Contest and Program . Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby grants to ASCPLa non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, in the Entry  including the  Text and Video r forming part of it, to utilize the Entry and /or  Birthday Wish GIF     in any manner deemed fit by ASCPL 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 any promotional purposes towards the Contest, as deemed fit by ASCPL  without any objection . Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s)/Winner(s) waives off his “Moral Rights” with respect to the Entry and /or  Birthday Wish GIF        or any part thereof as required. The Participant agrees and authorizes ASCPL to digitally modify, edit, truncate, the Entry and /or  Birthday Wish GIF      submitted by the Participant(s) for the purpose of creation of Modified Entry (s) as set out below. The Participant(s)/Winner(s) undertakes not to create any lien, charge, or other encumbrance, on the Entry and /or  Birthday Wish GIF      at any time without the prior written consent of ASCPL. The Participant agrees that ASCPL  shall be entitled to exploit the Entry and /or  Birthday Wish GIF      including the Modified Entry e 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 Post in any manner deemed fit by ASCPL in its sole discretion. It is agreed that all rights, title, and interest in the Entry and /or  Birthday Wish GIF     along with the image including rights in any form of intellectual property and rights in any form of exploitation will be owned by Entry and /or  Birthday Wish GIF     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 Modified Entry  by ASCPL or any third party authorized by ASCPL , 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.

 

  1. During the Contest Period, at the end of the Weekly Contest Period, ie every Sunday of the corresponding Weekly Contest Period  every Participant(s) on the basis of the having submitted a valid Entry during the corresponding Weekly   Contest Period in the manner as stated hereinabove on a first  cum first  basis  ,the time  stamp of their respective Entries  be shortlisted by ASCPL at its sole discretion and subsequently out of these shortlisted Participant(s), ASCPL shall by way of random selection at its discretion based on the aforementioned criteria , from the aforementioned shortlisted Participant(s )select and shortlist  Participants and Entries not exceeding 1400 as “Shortlisted  Participants for that corresponding Weekly Contest Period . These Shortlisted  Participants shall be entitled to  an opportunity to have their  Entry and /or  Birthday Wish GIF and /or Modified Entry   featured , used and exploited in any manner as deemed fit by ASCPL  at its discretion  in the   forthcoming episodes of the  Program in  the  subsequent Weekly Contest Period (“Gratification /Prize”) .

 

 

  1. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Shortlisted Participant and the Shortlisted Participant cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Shortlisted Participant cannot transfer the Prize to any other person.

 

  1. By participating in the Contest, it shall be construed that the Participants has waived his/her right to raise any dispute in connection to the Contest and/or the selection and  shortlisting  procedure .

 

  1. The final selection of the Shortlisted Participant shall be made by Star India and shall be final and binding on the entire Participant(s)/ Shortlisted Participant and in no event shall the Participant(s)/ Shortlisted Participant dispute the decision made by ASCPL or its employees in connection to the Entry 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  and/.or Gratification , the decision of  ASCPL a shall be final and binding.

 

  1. The Participant shall not in any circumstances make any claims against ASCPL 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 participation or non-participation in the Contest or any related activity. If the Participant are found to be ineligible, or if he or she has not complied with theseTerms and Conditions , the corresponding Entries will be disqualified.

 

 

  1. By entering the Contest, each Participant(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 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 ASCPL and/or ASCPL 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.

 

  1. ASCPL reserves the right to disqualify any Participant(s) 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 ASCPL from time to time. ASCPL reserves the absolute right and discretion to reject any Entry or any part thereof at any stage of the Contest, including after declaring the Shortlisted Participants , if ASCPL:
    1. receives any notice or complaint relating to the Entry 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;
    2. determines at its sole discretion that the Entry 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.

 

  1. The decision of ASCPL in this regard shall be final and binding upon the Participant(s)/ Shortlisted Participants. The Participant(s) shall not in any circumstances make any claims against ASCPL 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 participation or non-participation in the Contest or any related activity. If the Participant are found to be ineligible, or if he or she has not complied with any of these Terms and Conditions, the corresponding Entries will be disqualified.

 

 

  1. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Contestant(s) and in no manner whatsoever shall the Channel/ASCPL , be responsible for the same.

 

No communication will be sent to the Participant of the shortlisting of his/her Entry for telecast. The participant (s) have to keep on watching the Channel on the date of birthday to know whether his/her Entry  has  been shortlisted  and selected  for  Gratification .

 

  • All decisions of ASCPL shall not be subject to any appeal of any nature whatsoever. Participation in the Program shall be construed to mean that the Participant(s) has waived his/her right to dispute any decision(s) made by ASCPL in relation to the Program and/or Shortlisting to the extent applicable under law.

 

  • The Shortlisted Participant(s) shall not in any circumstances make any claims against the ASCPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the participation in the Program or any related activity, to the extent permitted under law. If the Shortlisted Participant(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding..

 

  • ASCPL shall in no manner whatsoever be responsible for security of Participant(s)’s Entry including the video /text and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.

 

 

  • LIMITATIONS OF LIABILITY: BY ENTERING THE PROGRAM, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, 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 PROGRAM (IF ANY),

 

NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ASCPL AND/OR ASCPL 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. IN ANY CASE ASCPL’S ENTIRE LIABILITY UNDER THIS TERMS AND CONDITIONS SHALL NOT EXCEED THE TOTAL MONETARY VALUE OF Rs.100/-.

 

 

GENERAL RULES

 

  1. The Participant(s) interested in participating in the Program must be above the age of 18 years and residing in India during the Program Period and at the date of the Entry. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Program.

 

  1. Proof of age, if requested, of the Participant(s)/Shortlisted Participant(s) and/or the family members of the Participant(s) / Shortlisted Participant(s) must be submitted to ASCPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).

 

  1. ASCPL reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Program without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Program on the Website .

 

 

  1. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by ASCPL from time to time will make such Participant’s/ Shortlisted Participant(s) Entry null and void.

 

  1. ASCPL reserves the right to disqualify any Participant(s) from participating in the Program 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 ASCPL from time to time. The decision of ASCPL in this regard shall be final and binding upon the Participant(s).

 

  1. By participating it is deemed that the Participant(s) have read, understood, accepted and agree to abide with all the Terms and Conditions of the Program.

 

  1. In the event of any fault, misunderstanding or dispute concerning any part of the Program and/or the Terms and Conditions the decision of ASCPL shall be final in this regard.

 

  1. The Shortlisted Participant(s) agrees that if due to any reason, whatsoever, beyond the control of ASCPL if the birthday wishes are not telecast on the Channel, ASCPL cannot be held responsible and/or liable for the same.

 

  1. 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 the Participant(s) and/or the Shortlisted Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Program.

 

  1. The Shortlisted Participant(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by ASCPL in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to ASCPL.

 

  1. The Participant(s)/Shortlisted Participant(s) acknowledges that in case the performance of this Program 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 5 days, then ASCPL shall be at liberty and upon their sole discretion to terminate Program forthwith and such decision shall be final and binding.

 

  1. The Participant(s) and/or the Shortlisted Participant(s) shall not in any circumstances make any claims against ASCPL 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 (directly or indirectly), to the Participant(s) and/or the Shortlisted Participant(s), participation or non-participation in the Program or any related activity. If the Participant(s) and/or the Shortlisted Participant(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.

 

  1. The Participant(s) and/or the Shortlisted Participant(s)/ shall hold harmless and indemnify ASCPL, 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(s) and or their family members/friends in any manner whatsoever in connection with the Program and also to the extent possible 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.

 

  1. The Participant(s) shall hold harmless and indemnify ASCPL, 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 ASCPL in connection with any act of the Participant(s)/ Shortlisted Participant(s) and/or the Program and/or Entry including the video, text in the Entry and/or any third party rights claims with respect to the material submitted by the Participant(s)/ Shortlisted Participant(s).   

 

  1. The Participant (s) of the Program agrees that he/she shall make himself/herself available from time to time and co-operate with ASCPL and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Participant (s). The Shortlisted Participant(s)/ gives his/her consent to ASCPL and/or any other agency on behalf of ASCPL to make the footage of the participation in the Promotional Activity The Shortlisted Participant(s) in consideration of being afforded an opportunity to take part in the Program, agrees that the footage of any nature with regard to the Shortlisted Participant(s) shall vest with ASCPL, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and ASCPL may exploit the same in any manner and in any media whatsoever at any time throughout the world..

 

  1. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s) and ASCPL and its affiliated companies is not a confidential, fiduciary, or any other special relationship.

 

  1. Participant(s) 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.

 

  1. The Participant(s)/ agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Program, and/or any other aspect related to the Program.

 

  1. Participant acknowledges that Participant’s representations, warranties, confidentiality, 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.

 

  1. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Program shall be referred to a sole arbitrator appointed by ASCPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Chennai the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.

 

  1. In case of any dispute or other matter arising in reference to the Program subject to the provision of Clause 22 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 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Chennai, India.
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