Participation in Community Creation
Terms & Conditions
1. The following terms and conditions govern the entire process for Selection (as defined below) as detailed herein for participation in the activity for creation of a fan community for certain Star Channels (as defined below) (“Activity”) and shall be binding oneach participant (“Participant”, “Your” and/or “You”) residing and a citizen of India (hereinafter referred to as “Territory”) who voluntarily desire to participate in the Selection conducted by Star India Private Limited (“Company”).
3. By proceeding further, You are representing to the Company that your participation in the Selection is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law.
“Selection Period” shall mean the period stipulated herein and /or updated by the Company at its discretion on the Website/Platform as mentioned above and communicated from time to time.
"Participant(s)": Means any natural person(s) who has attained the majority and is a resident/citizen of India and enters the Selection after signing all requisite documents as required by the Company.
“Selected Participant” means the selected Participant(s) who are selected through the process of the Selection to participate in the Activity;
Intellectual Property ” means any and all current or future intellectual property rights, including, without limitation, patents, trade marks, trade names and domain names, service marks, rights to inventions, copyright (including in relation to performances or performed works) and related rights, rights in logos and get-up, rights in goodwill, unfair competition rights, rights in designs (whether held in physical or electronic format or otherwise howsoever), database rights, privacy rights, trade secrets, know-how and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals, reversions or extensions of, such rights and similar or equivalent rights or forms of protection in any part of the world;
“Works” shall mean and include any form of artistic works, works of authorship , performances and services made by the Participant (s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of the Selection and any other Intellectual Property created/ generated by the Participants during the course of participation in the Selection/Activity;
“Exploitation/Exploit” shall mean the exploitation of the Works 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 Works, either in whole or in part, in any form/format or language, as may be decided by the Company in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by the Company its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works , 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 Works 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. Where applicable, 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 Laws Of Malaysia Copyright Act 1987 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
“Channels” means the channels Star Sports 1 Tamil and Star Sports 1 Kannada or other such channels owned and operated by the Company and/or its affiliates.
· The Selection Period for the various modes of Selection shall be from September 2020 to August 2021.
The Selection shall be conducted in the manner as detailed below:
1. Procedure to register:
The Company shall promote the registration through platforms it deems fit, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Selection.
2. To register and to participate in the Selection, the interested Participant(s) shall be reached by the Company with a link to the Website. The Participant(s) shall click on the link and upon expressly consenting to their participation in the activity shall be eligible for the Selection. The Participants agree and acknowledge that the Company 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 the Selection and the Participant(s) shall unconditionally facilitate the same.
3. It is clarified that the Company reserves the right to close the registration process at any time it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding. Any entry made after the Period will not be considered and shall be deemed null and void. The Company hall not be responsible for any entries submitted but not received due to any reason whatsoever.
4. Upon acceptance of these Terms and Conditions, Participant(s) shall be required to answer certain questions as determined by the Company in its sole discretion. Basis the responses the Participant(s) shall be evaluated by the judges of the Activity appointed by the Company its discretion (“ Judges”).
5. The Judges panel will judge the Participant(s) on the basis of their responses and the purpose of the Activity and such other criteria as may be determined by the Judges and the Company their sole discretion and their decision shall be final and binding on all the Participant(s).
6. The Company shall select Selected Participant (s) from amongst the Participant(s) selected by the Judges for the Activity and the Selected Participant (s) shall be required to do the following :(i) sign a separate document containing the terms and conditions for participating in the Activity along with such other documents as required by the Company in its discretion (ii) make themselves available for shoot dates and travel to any place for the shoot/meet-up as may be informed by the Company from time to time (iii) be available at the time and date communicated by the Company for the purposes of the Activity. The Company may disqualify any Selected Participant(s) for their non-availability at the sole discretion of the Company.
7. The Participant(s) shall make a declaration as to the physical and mental fitness of the Participant to participate in the Selection.
8. All ancillary costs not expressly agreed to be paid by the Company and incurred by Participant(s) shall be the sole responsibility of the Participant(s).
9. All decisions of the Company shall be final and binding and shall not be subject to any appeal of any nature whatsoever.
10. The Company reserves the right to withdraw the Activity and Selection at any time for any reason whatsoever.
11. It is clarified that Participant(s) who have participated in similar activities and/or are a part of a similar community for any channel, will need to mandatorily inform the Company about such participation prior to participating in this Selection. The final decision whether to select such Participant (s) for the Selection shall vest with the Company.
12. For avoidance of doubt it is clarified that the final selection of Selected Participant(s) made by the Company and shall be final and binding on all the Prticipant(s). In the event of any fault, misunderstanding or dispute concerning any part of the Activity/Selection, the decision of the Company shall be final and binding.
13. The Company will not be liable for any non-selection of a Participant due to technical faults including any internet issues.
2. The Participant(s) must participate in the Selection only as an individual and through his/her individual id. For clarification, it is stated that the participation cannot be of a fan group created by an individual or a company or a partnership.
3. The Company excludes its liability to the Participants to the maximum extent permitted by law, including, without limitation, in relation to any injury, emotional, mental trauma caused to the Participant (s) in any manner whatsoever or for any reason whatsoever in connection to the Activity and/or any aspect related to Selection process.
4. The Company reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant(s). Further, the Company reserves the right to terminate / postpone the Selection at any time without any prior intimation or notice to the public/ Participants. The Company/Channels are not obligated in any manner whatsoever to compensate any person or persons who have participated in the Selection and/or accommodate any person or persons who have been selected in the Selection.
5. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Selection. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Selection/Activity. The Participant further confirms that he /she is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems that might render them incapable of participating in the Activity.
6. Participant(s) is required to furnish necessary documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Selection.
7. The Company also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s).
8. Participant represents to the Company that the Participant is free and competent to enter the Selection and Activity, the sole, absolute, unencumbered legal and beneficial owner of all rights granted to of the Works, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honoring any of the Terms and Conditions.
9. The Company reserves the right to change the selection process of the Activity and /or format of the Selection process stated herein and/or the requirements of any of the Selection, without any prior intimation to the Participant and/or the public.
10. Participant(s) must enter the Selection voluntarily on their own behalf and entry (ies) by proxy will not be accepted.
11. Participant(s) shall not during the Selection/Activity make any obscene gesture(s)/acts, or any defamatory statement of any event or any person alive or deceased, material, or anything of an advertising nature or disregard/disrespect any sports or players of the sports in any manner whatsoever. Participant(s) shall ensure that his/her Act does not contain any element which is: (a) immoral in nature; and/or (b) dangerous to life or prejudicial to the health, physical fitness and kind treatment of the Participant.
12. Participant(s) shall not grant or publish any interviews, publish any information /details news articles, or issue any other kind of press or public release concerning their participation in the Program without the Company’s prior written consent in each instance.
13. Participant(s) shall not do any act either directly or indirectly which may bring the Company /or the Activity into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant (s) shall use her/his/its judgment in general demeanour and choice of language to create an atmosphere which would be conducive to the Selection/Activity.
14. If the operation of the Selection/ Activity (including without limitation the operation of the internet system); the Selection, Activity or any other related activity is prevented by an war, industrial action, flood or any Act of God, or applicable law or any act beyond the reasonable control of the Company (whether known or unknown at the time of the acceptance of the Terms and Conditions) (“Force Majeure”), the Company may at its sole discretion cancel all or any part of the Selection/Activity and/or participation of a Participant(s)/Selected Participant(s) forthwith and such decision shall be final and binding on the Participants.
15. Notwithstanding a Participant 's participation in the Selection/Activity there is no obligation on the part of the Company to broadcast any show/part thereof in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.
16. Participant (s) specifically agree, allows, grants and permits the Company any party authorized by it to record (audio-video/audio or video), the participation process/performance at the Selection/Activity, including the acts and performances, any interaction of the Participant with the Company, third persons, fellow Participant or any representative of the Company, if any, of the Participant (s) rendered during the Selection or any related series of sound recordings and video recordings which have been shot during the Selection, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Activity. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company entitled to exploit the same in any manner it may deem fit.
17. In consideration of being afforded an opportunity to participate in the Selection/Activity, the Participants represent and warrant that all Intellectual Property in and to the Works shall remain the exclusive property of the Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Works, do not vest with the Company, by operation of law, the Participant on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Works including rights in any exploitation thereof to the Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Works in relation to future medium or mode of exploitation of the Works is not held valid by operation of law, notwithstanding the assignment of such rights in favour of the Company, the Participant hereby grants an irrevocable, exclusive, sub-licensable, perpetual license to the Company for such future medium or mode of exploitation of the Intellectual Property in and to the Works as may be developed in the future, for the entire world. Notwithstanding the above, the Participant hereby agrees that it shall not assign or in any other manner transfer rights including the Intellectual Property in and to the Works for such means and modes of exploitation of the Works which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to the Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Works for the entire world and perpetuity to the Company(‘Offer’). The Participant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Works to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, the Company may exploit the rights including the Intellectual Property in and to the Works at any time it chooses.
18. The Participant(s) waive off their “Moral Rights” with respect to the Works / participation in the Selection/Activity. Further, the Participant(s) agree and acknowledge that there is no gratification or any other monetary benefit of their participation in the Activity/ Selection and they shall not be entitled to any share in the revenues arising from exploitation of the Works (if at all by the Company in its discretion).
19. The Participant agree and acknowledge that the Channel / the Company shall have the sole and exclusive right to edit, alter, modify and or use any Works in respect of their entry uploaded on the Channel in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Selection or any ancillary event related to the Selection/Activity).
20. Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘Likeness’) to appear on and be used in connection with the promotion and purpose of the Activity all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. The Company reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Activity or the Company or the Channel without notice to the Participant and without any further compensation to the Participant.
21. The Participant acknowledges and understands that the participation in the Selection is at their own risk. The Company shall not be responsible for the Participant’s safety during the Selection, nor shall they be required to obtain any insurance in relation to the same for the Participant other than as required by applicable law.
22. Certain information relating to the Channel, Company, Activity will be disclosed to the Participant(s) by the the Company which is confidential and/or proprietary in nature, and includes data, the format of the Activity, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of the Company, and is valuable, special and unique to the business of the Company. Participant(s) shall not discuss and/or disclose any information about the Selection/Activity, with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Selection.
23. Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.
24. Participant acknowledge 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.
25. Participant acknowledge that their representations, warranties, indemnities, grant of rights in the entry and Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
26. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India.
The parties irrevocably agree that the courts of Mumbai shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms and Conditions, its subject matter or formation.