KIOXIA Short Film Festival Contest
Terms & Conditions
The following terms and conditions (“Terms and Conditions”) govern the entire process for participation in the Kioxia Short Film Festival (“Contest”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in the United Arab Emirates, Qatar, Bahrain, Oman, Kuwait, and Saudi Arabia (hereinafter collectively referred to as the “Territory”) who voluntarily desire to participate in the Contest hosted by Star Asianet Middle East FZ LLC together with its affiliates, associates, agencies etc., as the case may be (collectively referred to as “Company”) for the purpose of selection and participation of Participants in the Contest.
The Contest shall be governed by the Contest Terms, and, by entering the Contest, each Participant acknowledges that they have read and understood, and unconditionally agree to comply with and abide by these Contest Terms. It is clarified that the Company’s decisions on all matters relating to the Contest shall be final and binding in all respects.
The Contest shall commence on 20th April 2021 at 12:00 a.m. and shall conclude on 26th June 2021 at 12:00 a.m. (“ Contest Period”). For the avoidance of doubt, it is clarified that the Entries must be submitted within the Contest Period. However, the Winners may be selected and the Prizes may be made available after the end of the Contest Period.
(I) Participants’ Eligibility
To participate in the Contest the Participant(s) must comply with the below:
1. The Participant(s) must be individual residents of the Territory, who are not citizens of any sanctioned country (where sanctioned country means Belarus, Burma (Myanmar), Crimea, Cuba, Democratic Republic of Congo, Iran, Ivory Coast, Liberia, North Korea, Somalia, Sudan, Syria, Zimbabwe and any other country against whom the U.S. economic sanctions programs are or may be maintained by the U.S. Government).
2. The Participant(s) represent and warrant that:
(a) They are not on any Specially Designated Nationals and Blocked Persons list issued by the US Treasury Department’s Office of Foreign Assets Control; and
(b) They will not bring the Company, the Company Entities and/or its Sponsors in disrepute.
3. The Participant(s) must be aged 21 (twenty-one) years or above and should have attained the age of majority in their jurisdiction at the start date of the Contest Period.
4. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible, as per the laws of the jurisdiction to which the Participant(s) is(are) subject, to enter into a contract.
5. The Contest is not open to the employees (permanent or contracted) and directors, including each of their immediate family members, of (i) the Company, its parent, subsidiary and/or affiliated companies (collectively, “Company Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and/or entities connected with the promotion of the Contest (collectively, the “Sponsors ”).
6. The Company reserves the right to verify the eligibility of all Participants.
7. Non-conformance by the Participant(s) with any and all of the Terms and Conditions herein or as set by the Company from time to time will make such Participant’s participation in the Contest null and void.
(II) Participation Mechanism:
1. A call for participation shall be aired on television channels owned and/or operated by the Company or its affiliates (“ Channels”) and/or on the Channels’ social media pages on Facebook, Instagram (“Social Media Pages”). The call for participation shall invite amateur film makers to send in their entries for the Contest. The content, format, frequency and timing of the call for participation shall be determined by the Company in its sole discretion.
2. To enter the Contest, each Participant must follow the Channels and the Social Media Pages during the Contest Period, and send their short film (“ Entry”) to the Company in the manner specified in the call for participation communication that the Company issues.
3. Any Entry should provide all required information requested from the Participant(s). If the same is not complied with, then the Entry will not be considered for the Contest and will be disqualified. All information submitted by the Participant must be accurate and complete and are subject to the provision of proof(s) by the Participant, upon request by the Company. It is clarified that Participants who have already provided the required information in a previous Entry shall be required to provide the required information again in every fresh Entry that they submit.
4. Participant(s) must enter the Contest on their own behalf only and Entry(ies) by proxies shall not be accepted.
5. The Entries received before the commencement and/or after the expiration of the Contest Period shall be void. The Company’s determination of the date and time of receipt of Entries shall be final and binding on all Participants. Any incomplete and/or illegible Entries will result in disqualification from participation in the Contest and the receipt of any Prize.
6. The Company shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, the Company shall not be responsible for technical errors of any nature whatsoever that results in an Entry not being received. Any automated receipt of confirmation does not constitute proof of actual receipt of the Entry.
7. Only eligible Entries received from eligible Participants, during the Contest Period, will be considered for the Contest. Each Participant represents that the Entry is authentic and not fabricated for the purposes of the Contest.
8. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, obscene, defamatory, derogatory, abusive, offensive, insensitive, libellous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirms that the Entry is in compliance with all applicable laws of the Territory and agrees to keep the Company, Company Entities and/or Sponsors indemnified from any claim thereto.
9. The Participant(s) agrees that the Entry shall be free of any virus/trojans/spyware/malware or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intended to harm and/or provide unauthorized access to the recipient’s computer and the data therein.
10. You will be eligible to receive the Prize (as defined below) in accordance with the Selection Process and Gratification section below.
(III) Selection Process and Gratification:
1. On receiving the Entries, the Company shall shortlist 15 (fifteen) or such other limited number of Entries (“Shortlisted Entries ”) that the Company deems fit, for further consideration. This shortlisting process shall be at Company’s sole discretion. All decisions taken by the Company shall be final and binding and shall not be subject to any appeal of any nature whatsoever.
2. The Shortlisted Entries will be published by the Company on the Social Media Pages for public voting. Of the Shortlisted Entries, the 5 (five) Entries with the most votes shall be considered as the winning Entries and the Participants responsible for these winning Entries will be deemed the winners of the Contest (“Winners”).
3. Each of the 5 Winners will be eligible to receive a cash prize of USD 2,000 or an equivalent amount in the local currency, and a gift hamper from Kioxia (together, the “Prize”).
4. The Winners will be contacted through the contact details provided with the Entry. Such Winners will be required to provide and execute any and all tax-related and legal documents as required by the Company. In case a Winner is unable to verify the eligibility details, the said Winner shall be disqualified from the Contest, at the sole discretion of the Company.
5. The results of the Contest and the Winners will be announced by the Company within 8 weeks after the expiry of the Contest Period or as otherwise decided by the Company in its sole discretion. In the event, such announcement of Winner(s) is postponed for any reason whatsoever, the Company will not be held responsible for and there shall be no announcement of Winners on any public forum or otherwise. In the event that the Company is of the opinion none of the Participants are eligible to be selected as a Winner or if a lesser number of Participants are eligible to be selected as Winners, then the Company may exercise its discretion not to select any Winner or to select a lesser number of Winners.
6. The Company shall not be responsible if the Winner(s) are not available at the contact details provided by them in the Entries and as a result of which the Winner(s) loses their chance to receive the Prizes. The Company shall make only one (1) attempt to reach the Winner(s). In case they do not revert within the timeline specified in the Company’s communication to such Winner, the selection shall be invalidated, and the Company shall not be liable to such Winner(s) in any manner whatsoever. For the avoidance of doubt, it is clarified that if a Winner’s selection is invalidated due to their non-response to the Company’s communication, the Company shall have the right (but not the obligation) to select the next eligible Participant as the Winner.
7. The Winner(s) shall be required to be available as required by the Company to share their short film entry that the Company may specify from time to time (at company’s sole discretion). The Company shall not be liable if any Winner for any loss/ damage to their person or property caused/incurred during the Winners’ receipt of the Prize and the Winner(s) shall keep the Company indemnified for any loss suffered as a result of the same.
8. The Participant(s) shall ensure that their Entry is original, decent and is not immoral, obscene, defamatory, derogatory, abusive, offensive, insensitive, libellous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) also agrees and confirms that their Entry for the Contest is in compliance with all applicable laws of the Territory and agrees to keep the Company, Company Entities and/or Sponsors indemnified from any claim thereto. Any non-compliance with this clause shall lead to the immediate disqualification of the Participant(s) concerned without any liability to the Company, Company Affiliates, or the Sponsors.
9. If any Participant engages in any behaviour that the Company in its sole discretion believes to be prejudicial to the spirit of the Contest, it will result in such Participant’s disqualification from the Contest and the receipt of any Prize.
10. If any selected Winner is unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.
11. All decisions taken by the Company shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed to mean that the Participant(s) has(ve) waived their right to dispute any decision(s) made by the Company.
12. The Company reserves the right to change or withdraw the Prize should the selected Winner(s) fail to comply with any of the Contest Terms and/or applicable laws or for any reason whatsoever.
13. The Company, the Company Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, deaths, injuries, diseases, infections, sickness, inconvenience, or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize.
14. In case Participant(s) and/or Winner(s) fail to produce any documents required by the Company for the purpose of verification of compliance with these Terms and Conditions, such Participant(s) and/or Winner(s) shall stand disqualified without any liability to the Company.
15. The Prizes are non-refundable, non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner(s) in lieu of the gift hamper from Kioxia and the Winner(s) cannot exchange the Prize(s) for a gift of equivalent value. Further, the Prize won is personal to the Winner(s) and the Winner(s) cannot transfer the Prize to any other person(s).
(IV) CONSENT FOR PROCURING PERSONAL INFORMATION
(a) Your Personal Information (including but not limited to your name, your username, location/city, email ID, phone number and address) may be collected by the Company pursuant to the Contest Terms, in connection with the Contest. You hereby also agree that it may be/become necessary for the Company to collect the Personal Information in connection with your participation in the Contest and for the uses set out below.
(b) Your Personal Information will be collected, retained and used by the Company only for the Contest and for promotional/gratification purposes around the Contest and for no other purpose.
(c) Your Personal Information may be used for the Contest, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Contest on the STAR network.
(d) The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify your Entry and/or participation in the Contest, as deemed fit and necessary by the Company at its sole discretion.
(e) All your Personal Information is true, correct and complete in all respects, and in no circumstances will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.
(f) The Company has provided you with the option to opt out of providing your Personal Information.
(g) You hereby agree to abide by the Contest Terms.
(V) ADDITIONAL TERMS:
1. The Winner(s) shall also be required to comply with the terms and rules as may be published, displayed and/or communicated by the Company, from time to time.
2. The Company reserves all rights to make amendments to the existing Contest Terms or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) check the Contest Terms on the website of the Company and the Social Media Pages.
3. The Company reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.
4. Under no circumstances will the Company, the Company Entities and/or the Sponsors 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.
5. The Participant(s) and/or the Winner(s) hereby acknowledge and agree that the relationship between the Participant(s) and/or the Winner(s) and the Company is not a confidential, fiduciary, or other special relationship.
6. The Participant(s) and/or the Winner(s) hereby agree to be bound by the Contest Terms and/or by any subsequent revisions of the Contest Terms (“ Revised Terms”). The Company reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Contest Terms.
7. All Entries shall become the property of the Company and/or the Company Entities. By entering the Contest, the Participant(s) and/or the Winner(s) grant the Company and the Company Entities unlimited use of their names, social media handles, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.
8. For the sake of clarity, all rights, title and interest in all Entries shall vest with the Company and may be utilized by the Company at a later point in time, at its sole discretion. The Participant(s) and/or the Winner(s) hereby irrevocably, perpetually and for the entire world, assign all rights, title and interest including rights in any intellectual property vested in the Entry to the Company including but not limited to the right to make any adaptation, rights in any form of exploitation etc.
9. Except as expressly provided herein, all ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges, expenses, taxes, costs, etc. are the sole responsibility of the selected Winner(s).
10. By providing any Personal Information to the Company and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to the Company. If a Participant does not wish to have their information and/or likeness viewed by or disclosed to others, they should not enter the Contest.
11. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,
12. The Winner(s) agree that if due to any reason, whatsoever, beyond the control of the Company the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, the Company cannot be held responsible and/or liable for the same.
13. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, illness, infection, disease, sickness, death and/or mental trauma caused to the Participant(s) and/or the Winner(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prizes.
14. The Winner(s) shall do any and all acts and execute any and all documents in such manner as may be required by the Company in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to the Company failing which their selection shall be forfeited.
15. The Participant(s) and/or the Winner(s) shall fully indemnify, defend and hold harmless, the Company its affiliates, officers, directors, employees and agents and the Sponsors (collectively the “ Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) wilful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner(s) during the Contest and/or enjoyment of the Prize.
16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) have waived their right to raise any dispute with regard to the Contest and/or the Prizes and/or any decision of the Company, in any manner whatsoever.
17. The Contest shall be governed by and construed in accordance with the applicable laws of the United Arab Emirates. All matters with respect to the Contest are subject to the exclusive jurisdiction of the courts at Dubai.
18. Limitations of Liability: By entering the contest, each Participant (which shall include all Winners) 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 Prizes 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 the Company and/or the Company 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.