Kites Kaka Paata Tho Aata Contest
Terms & Conditions
These rules for Contest (“Terms & conditions”) shall be binding on each viewer (“Viewer(s)”, “Your” and/or “You ”), in India (“Territory”) who voluntarily desire to participate in the digital interactive Contest titled“Kites Kaka Paata Tho Aata Contest” ( “Contest”), organized and conducted by Star India Private Limited (“ STAR India”) through Facebook , for the purpose of promotion and viewer engagement for the Program “ Kites Kaka Paata Tho Aata” (Program) to be aired between January 4, 2021 and January 31, 2021 on the channel “Star Maa Music” (“Channel”).
The Terms & conditions of the Contest and in relation to the Facebook mechanism as stated herein, is an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures
The Contest will be held during the Contest Period (as defined below) and is open for participation by all Indian citizens, who are above the age of 18 (eighteen) years and must be a residing in India as mentioned under these Terms & conditions.
The following are the Principal Rules for the Contest conducted by STAR India for the promotion and viewer engagement of the Programs on the Channel:
1. STAR India will promote the Contest through on-air astons, bugs etc., on the Channel and Channel’s official digital/social media platforms or through any other manner as STAR India may deem fit, at its sole discretion, stating the mechanism in which the Viewers (s) can participate in the Contest.
2. The Contest shall be open in the Territory on January 4, 2021 at 5.00 PM hours Indian Standard Time (IST) and will conclude till January 31, 2020 at 11.59 PM IST (“Contest Period”). STAR India reserves all rights to make amendments to the Contest Period or such other terms & conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Viewer (s) to check the Terms & Conditions for the Contest on the Channel and /or the facebook page from time to time. STAR India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Viewer(s).
3. The Contest shall comprise of one general question for each song viz “Who is the Director this Film” which will be triggered on the screen of the Channel multiple times during the Contest Period between 05.00 p.m. & 06.00 p.m. during all the week days. (“Question”).
4. The interested Participants may at any time during the Contest Period chose to answer the Question and stand a chance to win the prize (defined below) in accordance with these Terms & Conditions.
5. To participate in the Contest and to be eligible for the Prize (as defined below), the interested Participant(s) shall be required to correctly answer the Question broadcasted on the Channel in the following manner, by sending Facebook Message in English/Telugu language by sending their answer to the facebook page facebook.com/starmaamusic during the Contest Period (“Answers”) ;
• • Viewer shall log on to his Facebook page, which navigates to Star Maa Music Page
• • ‘Kites Kaka Paata Tho Aata’ Contest post shall be pinned on to the top
• • Viewer shall comment on the post with the answer.
6. The Answer sent by the Viewer(s) will be deemed to be received when the Viewer receives a return message from “ STAR India”, “Congratulations, thank you for participating – you have won a gift coupon”.
7. It is clarified that the Participant shall be required to provide the correct Answer to the question to qualify, to win the Prize. Answers having incorrect keywords or wrong answers shall be considered invalid and shall not qualify for the Contest.
8. It is further clarified that if the Participant(s) provides an incorrect answer to the Question, then his/her entry for such Question shall be considered incomplete and the Participant shall not be eligible for Prize. Answer sent by the Participant after the Contest Period will be deemed invalid and entry of such Participant will be disqualified.
9. A Viewer may participate any number of times during the Contest Period using the same Facebook Account. It is further clarified that only the first Entry submitted by the Viewer shall be considered as the single and final entry for each song. Multiple entries for each song by the Participant during the Contest Period shall be considered as null and void. This shall be final and binding upon the Viewers / Participants under these Terms & conditions.
10. For purposes of this Contest, “receipt” of Answer occurs when the Facebook account of STAR Maa records the Answer upon the Viewer(s) sending the Answer and the Viewer(s) receives a thank you message (“Entry”). Any automated receipt confirmation does not constitute proof of actual receipt.
11. For the purposes of participating in this Contest, sending their Answer during the Contest Period by the Viewer(s) shall be considered as a complete and valid Entry. For the avoidance of doubt, by submitting the Answer the Viewer (s) is representing that the Answer or contents thereof are not confidential or comprise any sensitive personal information.
12. If any costs are incurred by the Viewer to participate in the Contest through Facebook shall be solely borne by the Viewer without any recourse to STAR India in the manner as set out herein below.
i (i) For the purposes of this Contest, Viewer(s) who are the account holders of Facebook shall be able to participate in the Contest.
i (ii) Entries sent after the Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by STAR India.
13. It is further mandatory that the Facebook account through which the Viewer participates in the Contest is duly registered in his/her name.
14. Winner Selection and Gratification: a. 5 winners for each song, on the basis of having made a valid Entry and he/she sending the correct Answer in the manner as stated hereinabove shall be shortlisted by STAR India by way of random selection through Randomizer, at its sole discretion shall be declared as winner(s) (“Winner”). The Winners will be gratified with e-coupon of any of STAR India’s customers’ business outlet, at the discretion of STAR India and value of the same will be changed from time to time at the sole discretion of STAR India (“Prize”).
b. The Winner will be announced on the facebook.com/starmaamusic and/or Channel after completion of each episode of the Program within 24 hours from completion of each episode and the prize shall be delivered through facebook.com/starmaamusic or as deemed fit by STAR India.
c. Winner(s) will be contacted by STAR India on the registered Facebook account of the Winner(s) from which the Entry was sent for the Contest. In the event the e-coupon sent by STAR INDIA is not delivered to the Winner’s registered Facebook account due to any technical reasons including but not limited to network problem, suspension of the account, blocked by concerned authorities or for any other reason and /or the Winner is found to be in breach of any of terms of these Terms & Conditions and /or fails to submit or provide the necessary details and /or documentation as may be required by STAR INDIA for availing the Prize and/or there is a discrepancy in the documents submitted the Winner, then the selection of that Winner(s) shall be invalidated and STAR INDIA at its sole discretion may select another Winner in the process specified above. For avoidance of doubt, such choice of Winners by STAR INDIA shall be final and binding. STAR INDIA shall not be responsible if the Winner(s) are not available at their registered Facebook Account as part of sending the Entry/Answer and as a result of which the Winner(s) lose his/ her chance to be entitled to the Prize and such decision shall be final and binding.
d. If the Winner(s) refuses to accept the Prize awarded, STAR INDIA shall forfeit the Prize and shall be released from all obligations towards the Winner(s) in connection to the Prize. After forfeiting the Prize, STAR INDIA may be entitled to select and declare another Winner as it deems fit, and award the Prize, to such Winner(s) and such decision of STAR INDIA shall be final and binding on all Participants including the Winner(s) and Winners (s) undertake to not dispute the same.
e. The Participant(s)/Winner(s) agree that save and except the Prize stated hereinabove, the Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). For avoidance of doubt it is clarified that STAR INDIA’s decision in regard to the selection and shortlisting of the Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant(s) having made a valid Entry and who are subsequently shortlisted as Winner(s) based on the criteria mentioned hereinabove by STAR India at its discretion, shall be entitled to the Prize. Entry(s) sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.
f. The Winner(s) shall not in any manner whatsoever be allowed to have any one impersonates him/her for availing the Prize. In the event it comes to the notice of STAR INDIA that any of the Winner(s) is indulging in such illegal activity, STAR INDIA shall forthwith rescind and invalidate the Prize awarded to such Winner(s), without further notice.
g. The Winner(s) shall be solely responsible to avail the Prize at the time of delivery. The Winner(s) agrees that he/she shall not hold Star and/or its employees, responsible for delays in delivery of the Prize and/or loss or damage or any defect during transit or any problem in connection to the Prize.
15. The Viewers shall in no event dispute and/or challenge the selection of the Winner. It is further clarified that in case of the selection and declaration of Winner(s), the decision of STAR India and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in a court of law, to the extent permissible under law.
16. The Viewer(s) shall not in any circumstances make any claims against STAR India entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Viewer (s) participation or non-participation in the Contest or any related activity. If the Viewer is found to be ineligible, or if she has not complied with these Terms & conditions, their corresponding entries will be disqualified.
17. The Viewer(s) shall at all times comply with the applicable laws, rules and regulations including the terms & conditions on which this Contest is hosted.
18. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Viewer(s) and in no manner whatsoever shall the Channel/ STAR India, be responsible for the same.
19. STAR India shall in no manner whatsoever be responsible for security of Participant(s)’s/ Winner(s)’ Entry and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.
20. STAR INDIA reserves the right to disqualify any Participant(s)/Winner(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms & conditions set out herein or as may be revised by STAR INDIA from time to time. STAR INDIA reserves the absolute right and discretion to reject any “Entry(s)/Answer(s)” or any part thereof at any stage of the Contest, including after declaring the Winner(s) if STAR INDIA receives any notice or complaint relating to the Answer not being compliant of the Terms & conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party; determines at its sole discretion that the Answer are 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.
21. The decision of STAR INDIA in this regard shall be final and binding upon the Participant(s)/Winner(s).
22. In consideration of the participation in the Contest, Participant/Winner(s) hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Answer, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire World to Star. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/Winner(s) in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub licensable license to STAR INDIA for use in the entire World in any media and form as STAR INDIA may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to STAR INDIA including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the World wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/Winner(s) waives any so-called moral rights in the Entry.
1. The Viewers interested in participating in the Contest must be over and above the age of 18 (eighteen) years and a resident of India only. 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. To participate in the Contest, the Viewer shall be required to have his own Facebook account registered with the social network “Facebook”.
2. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, the decision of STAR INDIA shall be final.
3. The Participant(s)/Winner(s) represents and undertake to execute and produce such further documents as may be required by STAR INDIA in relation to the Contest.
4. Proof of age, if requested, of the Viewer(s) must be submitted to STAR India (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ an affidavit signed by a magistrate) as may be required by STAR India to confirm the eligibility of the Viewer(s) as may be required by STAR India to confirm the eligibility of the Viewer(s).
5. STAR India reserves all rights to make amendments to the existing Terms & conditions or withdraw, change, alter, amend the Contest, process of selection of winners, Contest Period without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms & conditions on facebook page/channel/ Website, from time to time.
6. STAR India reserves the right to cancel and/or postpone the Contest without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the Viewer(s).
7. Viewer(s) agree, understand and acknowledge that there is no prize/gratification for merely sending Entry in the Contest.
8. The Terms & conditions shall be advertised sufficiently across the facebook page to ensure that no Viewer is misled and understands the entire process and the mechanism completely prior to participating in the Contest.
10. STAR India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network, technical disruption, connection failure, electricity failure, any other reason whatsoever and/or the cost charged by the internet provider/operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the internet provider/operator directly, without involving STAR India.
11. In case of any telecom and /or network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or providing the Entry/ Answer and/or for any reasons whatsoever, STAR INDIA reserves the right at its sole discretion to change the mechanism for submitting the Answer and /or cease from accepting Answer of the Participant(s)/Winner(s) during the Contest Period in any manner it deems fit and necessary. In addition STAR INDIA shall not be liable and/or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Facebook mechanism for submitting the Answer including without limitation system failure to any reason whatsoever including technical disruption/a default in sending out the Answer / close or default / failure/ any other difficulties of such nature due to which the Participant(s) is unable to participate or record his/her Entry/ Answer/ failure to logging on automatic acceptance of Answer stated in these Terms & conditions due to technical /technological restrictions and/or due to reasons/events/incidents beyond the commercially reasonable control of STAR INDIA.
12. With regard to Internet, the Participants are requested to check with their Internet provider/operator any other applicable charges. In case any Participant desires to participate in the Contest while roaming in a different circle/zone/country, additional roaming rates may apply. Hence Participants are requested to contact their internet provider/operator for the applicable rates.
13. To the extent permissible in law, viewer(s) shall not in any circumstances make any claims against STAR India, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Contest. If the Viewer(s) is found to be ineligible, or if they have not complied with these Terms & conditions, the corresponding entries will be disqualified.
14. The Winner(s) agrees to maintain complete confidentiality regarding their selection for the Prize and any matter relating thereto and shall not disclose any information pertaining to the Prize or the Contest which is disclosed to the Winner(s) and which is not available to public in general, to any person or media etc. without the consent of Star. In case the Winner(s) breaches this condition, she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.
15. The Prize cannot be transferred, negotiated, refunded or exchanged for money by the Participant(s)/ Winner(s). For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of delivering the Prize will be recorded by STAR INDIA or broadcasted by it.
16. The Participant(s) and/or Winner(s) grants STAR India irrevocable consent in perpetuity to use her name, photographs including sobriquet, audio visual tape or the voice or lines of the quote taken during the Contest, if any, in any and all applications including but not limited to advertising, commercials, promotion, stories, text, articles and commercial exploitation, in any and all mode, media, forms, including but not limited to radio, broadcast and television, newspapers and magazines, internet and mobile, and/or any mode and form of exploitation whether now existing or devised in future, at any time without the Participant(s) and/or Winner(s) further knowledge or consent.
17. By casting their Entry, each Viewer(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Winner(s), shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any), notwithstanding the foregoing, under no circumstances will STAR India and/or STAR India entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
18. STAR INDIA reserves the right to forfeit the Prize in the event it is found by STAR INDIA or it has a reason to believe that any information provided by the Winner(s) including Personal Information is wrong, incorrect, fraudulent or misleading. STAR INDIA 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 such person. Such decision of STAR INDIA shall be final and binding.
19. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of STAR INDIA the Prize and/or the benefit in connection thereto becomes ineffective, invalid or unavailable (e.g. cancellation/postponement of the Contest), STAR INDIA shall not be held responsible and/or liable for the same
20. STAR INDIA shall not be responsible if the Winner(s) is not available at the Facebook Account, provided by them and as a result of which, the Winner(s) loses his/her chance to the Prize and such decision of STAR INDIA shall be final and binding
21. For the sake of clarity, if the Winner(s) refuses to accept the Prize STAR INDIA shall be released from all obligations towards the Winner(s) in connection to the Prize won by the Winner(s). Further, after forfeiting the Prize, STAR INDIA shall be entitled to award the Prize to any other participant, and such decision of STAR INDIA shall be final and binding.
22. 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, STAR INDIA, or any of its channels, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/losses/ death/ mental or emotional trauma suffered by the Participant(s)/Winner(s), in any manner whatsoever in connection with the Contest, the Facebook mechanism and/or the Prize won and/or any material submitted forming part of the Answer and/or any Personal Information submitted by the Participant(s)/Winner(s) 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.
23. STAR India shall be responsible for ensuring that the entire Facebook mechanism shall be managed /conducted on a fair and equitable basis and in accordance with applicable laws of India. For this specific purpose STAR India, will at its sole discretion, appoint outside audit firms/companies/auditors/Internal (as the case may be) to audit the entries and the Facebook mechanism during the Period and keep updated records of the same. Employees of and/or consultants of and/or persons hired on contract by STAR India and the main sponsor of the Programs, if any, and the members of their immediate family are ineligible for participating in the Contest.
25. By participating in the Contest, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Contest, in any manner whatsoever to the extent permissible under law.
26. STAR India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, mental trauma caused to the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Contest. The Viewer(s)shall hold harmless 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 Viewer(s), in any manner whatsoever in connection with the Contest and/or Facebook mechanism including the selection of Winner and/or any aspect of Contest and 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 relief, to the extent permissible under law.
27. Each Viewer(s) hereby acknowledges and agrees that the relationship between the Viewer(s) and STAR India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
28. Viewer(s) acknowledges that in case any portion/clause of these Terms & 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 & conditions shall be valid and binding and of like effect as though such provision was not included herein.
29. Viewer(s) acknowledges and agrees that in case the performance of the Contest 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 & conditions and if such inability to perform such obligation continues for a period of fifteen(15) days, then STAR India shall be at liberty and upon their sole discretion to terminate any such participation of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).
30. The Viewer(s) shall comply with the laws of India.
31. The Terms & conditions shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Contest shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Hyderabad, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Viewer who has raised the dispute.
32. Subject to the provision of Clause 31above, 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 Hyderabad, India.