“Sachin Sachin” campaign
Terms & Conditions
THIS CAMPAIGN IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER AND/OR INSTAGRAM.
[A] Principal Rules
1. The Campaign will be conducted from17th April,2020 to 25 th April, 2020 or such other date(s) as may be decided by STAR at its sole discretion and announced by STAR(“ Campaign Period”).
2. The Campaign aims to test the creative skills of the viewers and to compile a montage of fan-generated celebratory videos wishing Sachin Tendulkar a happy birthday. The Campaign willrun in the manner described hereinbelow:
(A) All the participants in the Campaign must be citizens of India residing in India during the Campaign Period and shall have completed at least 18 (eighteen) years of age as on the date of submitting an entry for participating in the Campaign (the “Participant”); and
(B) All Participant(s) must have any of the following a valid personal: (i) Facebook, (ii) Twitter and/or (iii) Instagram account/ page/ handle(each a “Social Media Account” and collectively “ Social Media Accounts”) to be eligible to participate in the Campaign. For the sake of clarity, it is hereby agreed to and confirmed by the Participant(s) that the same does not include a Facebook, Twitter and/or Instagram account opened and operated by a family member and/or friend of the Participant(s); and
(C) Campaign Mechanism:
a. Call for Entry: STAR shall publish an audio-visual clip, invitingfor entries from eligible Participants, for the Campaign (“ Star CFE Clip”), on its official social media handles / pages i.e. ( https://www.facebook.com/starsportsindia/ (Facebook official handle) https://www.instagram.com/starsportsindia/?hl=en (Instagram official handle) https://twitter.com/StarSportsIndia?s=20 (Twitter official handle) collectively called “Handles”)
b. Entry Mechanism:
i. Interested Participants may participate in the Campaign by creating an audio-visual clip in any video format, of a minimum duration of 2seconds and a maximum duration of 20seconds, where the Participant will be shooting a celebratory video. (“Entry”).
ii. TheParticipant should upload their Entry as a publicly visible post, via their personal handles / pages / profiles on any of their personal Social Media Handles and shall: (A) tag the Star Sports handle (@starsportsindia)and (B) use the campaign hashtag (#SachinSachin) in the Entry post uploaded.
iii. The Entry must be uploaded to the Participant’s relevant Social Media Accounton or before 23:59 hourson 24th April, 2020(“ Closing Time”); and
(D) Any Entries whichdo not adhere to the requirements of the Entry Mechanism other requirements under these T&C shall not be considered valid and shall be deemed to be null and void without any intimation by STAR;
(E) From the total pool of valid Entries received for the Campaign from Participants uptothe Closing Time, a panel of such representatives with required expertise as STAR may decide in its sole discretion (" Panel”), based on such criteria as may be determined by STAR in its sole discretion including but not limited to creativity, screen presence, videoquality shall select such number of the highest rated Participants as they deem fit, as the winners of the Campaign (“ Winners”). The decision of the Panel in selecting the Winners from amongst the Participants shall be final and binding upon all the Participants. The decision of STAR for all other matters relating to the Campaign shall be final and binding upon all the Participants.
(F) STAR will reach directly to the Winners via their Social Media Account at any time including before the Closing Time and request the Winnersto upload theEntry in the dropbox link shared by STAR. STAR will be using such videos in the Winner Film.
5. The Entry uploaded by the Participant must be original and authored by the Participant(s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third party and/or privacy/personality rights.
6. The Participant will be solely responsible for complying with the terms stipulated by Facebook/Instagram/Twitteras applicable, to submit Entry on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.
7. The Participant has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies.
8. The Participant agrees that there will be no music in the video uploaded by the Participant.
9. The Participant agrees that submission of low resolution images and/or low resolution videos may lead to disqualification of the entry. The Participant are requested to share high resolution images and/or videos.
10. The Participant represents and warrants that:
a. The Participant is the sole creator / author / owner of the Entry and that, no rights vest in any other party in respect of the content uploaded/ submitted by them. Nothing in law, contract or otherwise restricts the Participant from submitting the Entry or part thereof and the Participant is fully authorised and entitled to submit the Entry;
b. All rights, including all copyrights and other intellectual property rights in respect of the content in its entirety vests in the Participant and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Entry is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;
c. No rights in and to the Entry have previously been granted to any third party, nor has the Entry been otherwise exploited in any way, either by the Participant or by any third party/ (ies);
d. The Participant has not prior to the submission of the Entry approached or submitted or pitched the content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons , broadcasters , production houses , media companies and /or Star India and /or any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever The Entry and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Entry is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;
e. The details and any other information given by the Participant in connection with the Entry and/or submission of the content is true and accurate and that STAR is not/ shall not be responsible for verifying any information submitted by the Participant;
f. The Entry does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which the Participant are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Entry does not contain any sensitive personal data or information;
g. The Entry or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose STAR to criminal or civil claims;
h. The Entry shall not include any advertisements or solicitation of any business/es:
I) The Participant undertake to ensure that the submission of Entry is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly the Participant shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the content): that belongs to another person and which the Participant do not have right to;
II) that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
III) that harm minors in any way;
IV) that infringes any patent, trademark, copyright or other proprietary rights;
V) that violates any privacy laws for the time being in force;
VI) that violates any law for the time being in force;
VII) that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
VIII) by impersonates another person;
IX) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
X) that 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.
11. As gratification to the Winners, STAR shall feature the Entry of a fewWinners in the promotional audio visual clip created by STAR(the “ Winner Film”). These Winner Filmshall be featured by STAR as a promotional audio visual clip onStar Sports Networkfrom 19 th April, 2020 to 24th April, 2020and/or Handles(the “Prize(s)”). STAR shall have the sole and absolute discretion to decide the final content and duration of each of the Winner Film and shall have full rights to edit, modify, translate and/or adapt the Winner Film to suit its editorial / content requirements.
12. Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other technical/regulatorydifficulties of such nature, due to which the Winner Film(s) (or any part thereof) of a Winner Film cannot be broadcasted as a promotional audio visual clip onStar Sports NetworkHandles as STAR may deem fit, as per paragraph 11 above.
13. STAR reserves the right to forfeit the Prize(s) in the event STAR has a reason to believe that any information provided by any of the Winners is wrong, fraudulent or any misrepresentation is made by any of the Winners. STAR shall have the right to declare any of the other Participant(s) as the Winner(s)of the Campaign, at its discretion,and to provide the Prize to such other Participants. The Winners agree not to hold STAR and/or its group companies and/or their respective employees responsible for any failure or delay in featuring the Winner Film in Star Sports Network, Handles, as STAR may deem fit. STAR and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Campaign. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications or the Campaign in general.
14. TheWinners agree that Prizes cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prizes will be awarded to any of the Winners and they cannot exchange the Prize for cash or a gift of similar value. The Campaign or the Prizes cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record any part of the Campaign and to telecast the same on STAR’s channels and platforms or to otherwise mention it on its channels and platforms. If any of the Winners refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards such Winners in connection to the Prizeor otherwise.
15. All Entries from the Participants as per paragraph 2(C) above must be received during the period indicated therein. Entries received before or after the indicated period will not be considered for the Campaign and shall be deemed null and void without requirement of any further intimation by STAR.
16. STAR and/or its group companies shall not be responsible in the event that any of theEntries (as per paragraph 2 above) are not viewable by STAR or the Participant(s) is/are unable to participate in the Campaign due to any network/connectivity problems, breakdown in machinery or any other technical error of any nature whatsoever. For the purposes of these Terms and Conditions, an Entry shall be considered “viewable” by STAR only after STAR has opted to view such an Entry and has successfully viewed such Entry of the Participant. Any automated confirmation/similar message does not constitute proof of actual viewing by STAR. For the avoidance of doubt, by submittinghis/herEntry, the Participant(s) is representing that the Entry (or contents thereof) are not confidential or comprise any sensitive personal information.For the avoidance of doubt, all information provided by the Participants in the course of the Campaign shall be submitted to STAR and not to Facebook, Twitter or Instagram
17. STAR reserves the right to change the entry system/mechanism and/or cease accepting Entries for the Campaign during the Campaign Period for any reason or take any other steps in relation to the Campaign as it may deem fit in its sole and absolute discretion.
18. STAR reserves the right to disqualify any Participant(s) from participating in the Campaign without assigning any reason. STAR reserves the absolute right and discretion to reject any Entry(ies)or any part thereof at any stage of the Campaign, including after declaring theWinners, if STAR: (a) receives any notice or complaint relating to the Entrynot being compliant with the Terms and Conditions; or (b) determines at its sole discretion that the Entryinter alia:(i)belongs to another person and in which the Participant does not have any rights; or (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; or (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money-laundering or gambling, or otherwise unlawful in any manner whatever; or (iv) harms minors in any way; or (v) infringes any patent, trademark, copyright or other proprietary rights of third persons; or (vi) violates any law for the time being in force; or (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (viii) impersonates another person; or (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation. The decision of STAR in this regard shall be final and binding upon the Participant(s).
19. STAR reserves the right to select and declare the Winners of the Campaign and such decision shall be final and binding on all the Participant(s). STAR shall select the Winners in accordance with applicable parameters to be determined solely by the editorial /content team of STAR.
20. TheWinners will be required to submit necessary supporting documentation to establish their identity/age/residence address etc and their compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR, to be eligible for any gratification. In the event that any Winner fails to furnish such documentation within the timelines indicated by STAR, then his/her selection as a Winner shall stand invalidated. In such a case : (a) STAR and/or its group companies shall not be liable in any manner whatsoever and the Prize shall stand forfeited in respect of that Winner; and (b) STAR may, at its sole discretion, by the prescribed selection criteria, choose other Participant(s) to receive such Prize in place of such person.
21. The Participants (including the Winners) agree and consent to the use of their Entry(ies), the Winner Filmand/or any part thereof by STAR or its affiliates as it may deem fit for the purpose of promotion of the Campaign, STAR and/or its group companies and/or any programs/events on any channels/platforms owned or operated by STAR or any of its group companies (the “Network”). In consideration for the participation in the Campaign, the Participants (including the Winners) hereby irrevocably, exclusively, perpetually and for the entire universe assign all right, title and interest in their Entry(ies) and/or the Winner Film including any rights of Exploitation thereof, to STAR, during or pursuant to the Campaign. “Exploitation/Exploit” shall mean the exploitation of the Entries/Winner Filmsand/or any part thereof including along with its cognate forms and grammatical variations, and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in such Entry(ies)/Winner Film(s)or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry(ies)/Winner Film(s)and/or any part thereof from one form/format to another and in relation to the Entry(ies)/Winner Film(s)and/or any part thereof, for incorporation in 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 Entry(ies)/Winner Film(s)into a film 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, AVOD, NVOD, SVOD, PVOD, FVOD) made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. To the extent that the assignment of all rights, title and interest in the Entry(ies)/Winner Film(s)and/or any part thereof, if any, subsisting in favour of the Participants/Winners, in relation to future medium or mode of exploitation of the Entry(ies)/Winner Film(s)and/or any part thereof is not held valid by operation of law, the Participants/Winners hereby grant an irrevocable, exclusive, sub-licensable, perpetual right to STAR and its affiliates for such future medium or mode of exploitation of their Entry(ies)/Winner Film(s)and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participants (including the Winners) hereby agree that the Participants/Winners shall not assign or in any other manner transfer their Entry(ies)/Winner Film(s), including any part thereof, for such means and modes of Exploitation of their Entry(ies)/Winner Film(s)and/or any part thereof, 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 STAR without offering for assignment such modes or means of Exploitation of the Entry(ies)/Winner Film(s)and/or any part thereof for the entire world and in perpetuity to STAR. The Participants/Winners agree and acknowledge that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of their Entry(ies)/Winner Film(s)and/or any part thereof to any third party in breach of such obligation herein, anywhere in the world, shall be null and void. Further, STAR may Exploit the Entry(ies) and/or Winner Film(s)and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 does not applyto the Terms & Conditions. The Participants (including theWinners) agree to waive off their “Moral Rights” with respect to their Entry(ies)/Winner Film(s)and/or any part thereof as required. The Participants (including the Winners) shall do all acts and execute all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR herein.
22. The Participants/Winners who create and submit Entries/Winner Films understand, acknowledge and agree that they are doing so at their own risk. The Participants/Winnersare advised to exercise all due caution in the creation and submission of their respective Entries/Winner Films. All Participants/Winners agree and accept that any physical or bodily injuries and/or death and/or loss or damage to person or property, if suffered by Participants/Winners in the course of creation and/or submission of their Entries/Winner Film(s), shall be the sole and absolute responsibility of the concerned Participants/Winners and STAR (and its affiliates, directors, officers and employees) shall not be responsible or liable for the same in any manner whatsoever.
[B] GENERAL RULES:
1. All Participantsmust be citizens of India residing within the territorial limits of India during the entire duration of the Campaign. The Participants should not have any criminal conviction or an arrangement or a contract that prevents the Participant from participating in the Campaign. Proof of age and residence/address, if requested, of the Participants, must be submitted to STAR within timelines as may be required by STAR to confirm the eligibility of the Participant(s).
2. Participants shall provide such information as may be required by STAR from time to time. Any incomplete submission will be considered invalid for the purpose of the Campaign. STAR also reserves the right to disqualify a Participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant to STAR at any point in time during the duration of the Campaign or thereafter.
3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Campaign, without giving prior notice or reason. It shall be the sole responsibility of the Participants to check the rules and regulations of the Campaign available on the corporate website of the Company. Non-conformance by the Participants to any the Terms and Conditions will make such Participant’s Entrynull and void.
4. The Participants (including the Winners) acknowledge that in case the conduct of the Campaign or enjoyment of the Prize cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as regulatory action/direction, war, industrial action, flood, drought or any act of God, then STAR shall not have any liability in this connection.
5. STAR and/or its group companies are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, ailment, death, mental and/or emotional trauma caused to any of the Participants (including theWinners) in any manner whatsoever, in connection to the Campaign.
6. The Participants (including the Winners) shall hold harmless and indemnify STAR, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, liability, award, costs or expenses that may arise in connection with any act of the Participants/Winnersand/or their Entry(ies) and/or the Winner Films including any third party intellectual property rights claims with respect to the Entry(ies) submitted by the Participants to STAR and/or with respect to the Winner Films pertaining to the Winners produced by STAR.
7. The Participants (including theWinners) shall not in any circumstances make any claims against STAR or its group companies, 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) affecting the participation or leading to non-participation in the Campaign or any related activity by any such Participant(s) or Winner(s). If any Participant and/or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Entry will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Campaign.
8. Employees of and/ or consultants of STAR and/or persons hired on contract by STAR, sponsors, and the members of their immediate family, are ineligible to participate in the Campaign.
10. The Participant(s) (including the Winners) of the Campaign agree that if so required by STAR, he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity") of any nature and on any platform whatsoever without any money payable to the Participants. Further, the Participants (including the Winners)shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR or any of its group companies into public disrepute or denigrate any of the preceding or offend any community or public morals. In all public appearances, the Participant(s) (including the Winners) shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Network and/or any channel on the Network. The Participant(s) (including theWinners) agree that the footage/ picture/ photographsof the Participant(s) used during the course of the Campaign or for the purpose of the Campaign shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and on any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participants (including the Winners) agree and consent to the use of any text and/or information and/or any photograph and/or image and/or audio-visual recording and/or other components of his or her Entry(ies) and/or the Winner Film(s)on any channel/digital platform/Handles, as STAR may deem fit, for the purpose of promotion of theCampaign and/or the Network and/or any channels forming part of the Network and/or any event/program telecasted on the Network.
11. These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest with the courts ofNew Delhi, India.
CONSENT FOR PROCURING PERSONAL INFORMATION
(a) Your Personal Information (including but not limited to your name, age, citizenship and residence the contents of your Entry and/or the Winner Film)is being collected by Star India Private Limited (“ Company”)pursuant to Terms and Conditions available on the corporate website of the Company, in connection with the campaign being organized by the Company called “Sachin Sachin” (“ Campaign”) in order to showcase yourcreative skillsin connection with your participation in the promotional audio-visual clip pertaining to birthday special for Sachin Tendulkar to be broadcasted on the Company’s channels i.e. Star Sports Network and the official social media handles of Star.You hereby also agree that it is necessary for the Company to collect the Personal Information in connection with your participation in the Campaign and for the uses set out below.
(b) Your Personal Information will be collected, retained and used by the Companyonly for the Campaign and for promotional/gratification purposes around the Campaign and for no other purpose.
(c) Your Personal Information may be used for the Campaign, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Campaign on the Star Sports 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 yourEntry and/or participation in the Campaign, 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 me with the option to opt out of providing my Personal Information.
(g) You hereby agree to abide by the Terms and Conditions of the Campaign available on the corporate website of the Company.