VOTING RULES FOR SELECTION OF WINNER

These rules for voting (“Voting Rules”) uploaded on https://www.disneystar.com/legal-terms-policies/ (“Website”) shall be binding on each Viewer/Voter (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily wishes to vote for the Final Contestants (defined below) for selection of the Winner of the program titled “Super Singer - 9 ” (“Program”) produced by Star India Private Limited ( Formerly known as Asianet Star Communications Private Limited) (“SIPL/Company”) aired on the channel Star Vijay (SD and HD) (“Channel”).

Each Viewer/Voter hereby agrees and understands that SIPL will have access to and collect information and data shared by Viewers/Voters including Viewer’s/Voter’s Personal Information (defined below) submitted by each Viewer/Voter during the course of voting. By voting, each Viewer/Voter consents to the collection, receipt, storage, processing, disclosure, transfer, use, retention and sharing of the Personal Information by SIPL, its affiliates, and designated third parties in accordance with the terms of SIPL’s privacy policy which is accessible at https://www.disneystar.com/legal-terms-policies/policies/website-privacy-policy-updated/  and SIPL’s personal data privacy policy available at https://www.disneystar.com/legal-terms-policies/policies/personal-data-privacy-policy-updated/ collectively, Privacy Policy”). By voting in accordance with the Voting Mechanism as detailed in Clause 5 below, each Viewer/Voter shall be deemed to have read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions including these Voting Rules and to the Privacy Policy. If any Viewer/Voter does not agree to be bound by or cannot comply with any of these Voting Rules and the Privacy Policy, the Viewer/Voter may refrain from voting. The decision of SIPL for all matters relating to the voting shall be final and binding in all respects. The Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein below.

The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to voting by the Viewer(s) gathered hereunder or pursuant to this voting process by SIPL (if any) (“Personal Information”). The Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein.

The Terms and Conditions of and in relation to the Voting 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

I. PRINCIPAL RULES

The following are the Principal Rules for Voting Mechanism (defined below) for the Program on the Channel conducted by SIPL:

1. The Program is a singing-based reality program wherein contestants above 18 years of age (“Contestants”), across India individually compete against each other by voluntarily participating and /or being part of various selection processes, auditions (on ground as well as digital) or levels of selection as per the format of the Program. 

2. On the basis of their performance, caliber, singing techniques, screen presence, interaction with audience and overall personality at every level /stage of the selection process of the Program, SIPL, Anuradha Sriram, P. Unnikrishnan, Benny Dayal and Shweta Mohan, who are the judges on the Program (“Coaches”/”Judges”)  had at its/his/her sole discretion selected and shortlisted 5 (Five) Contestants are selected as  the final contestants (“Final Contestants”) whose names mentioned in clause-3 below. These Final Contestants shall thereinafter perform and compete against each other in the grand finale (“Grand Finale”) for the title of the winner of the Program.  During the Grand Finale of the Program, the viewers will be asked to cast their vote for the Final Contestant (s ) whom they want to select as winner of the Program ). The Final Contestants who gain the maximum votes from the viewers, will get weightage in the scores as per clause 12 below to be declared winner, runner-up and other positions of the Program 

3. It is clarified that the grand finale event will tentatively start at 3:00 Pm and ends at 9.00 PM on 25^th June, 2023 and the list of Final Contestants is as follows: 

4. Voting Period: The  Voting Period will commence from 17^th June, 2023 at 6:30 Pm and 25^th June, 2025 at 10 minutes after the last competitive performance in Grand Finale of the Program (“Voting Period”). During the Voting Period, the viewers who are citizens of and resident in India, viewing the Program in the Territory (“Viewers/Voters”) can vote for their favorite Final Contestant(s), if they like the performance of any particular Final Contestant and/or all Final Contestants whom they wanted to be selected as the winner; 

5. Voting Mechanism: The Viewers interested in voting can participate by choosing to cast their votes for their desired Final Contestant through Missed Call Mechanism or Hotstar Voting Mechanism or both 2 (two) mechanism. Missed Call Mechanism and Hotstar Voting Mechanism together with any other mechanism that the Channel/SIPL may provide from time to time shall hereinafter collectively be referred to as “Voting Mechanism”. SIPL and/or the Channel reserve the right to modify the rules for Voting Mechanism, related voting timelines, format of the Program, at any time, at its discretion, during the telecast of the Program. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time.

5.1 Missed Call Mechanism 

          a. The Viewer should use a valid Indian phone number, registered with network operators in the Territory.

          b. To vote, the Viewers shall through their landlines/mobile numbers dial the unique number of the Shortlisted Participant for the particular Voting Cycle for whom they want to vote and give them a missed call (“Vote”). The unique number for the Shortlisted Participants shall be as follows:  

          c. It is clarified that each Viewer can cast 01 (one) vote per day, per device for the corresponding Voting Cycle (defined below) throughout the Period by way of a missed call for the Shortlisted Participant from a landline and/or mobile number that is registered with a network operator within the Territory. The Viewer will receive an SMS/response from SIPL for the first vote only (if voting is done through mobile only) for the applicable Voting Cycle.

        d. The Viewer will not be charged by SIPL in the Missed Call Mechanism to cast the votes.

5.2 Hotstar Voting Mechanism

 A Viewer interested to cast his/her vote, by using Hotstar Voting Mechanism, will be subject to the following mechanism:

        a. The Viewer will have to Login to his/her account on the updated Hotstar Application in Android or IOS Device, visit the Super Singer 9 page and click on the Vote now button for casting his/her vote through this Voting Mechanism. Viewers are advised to check for updates of the Hotstar application from time-to-time. The minimum update of the devices to log on to Hotstar account is Android Version 5.0 and above and IOS 10.0 and above;

        b. The Viewer(s) has to cast his/her vote for their desired Final Contestant’s against his / her name/ picture, whom they want to be selected as Winner.

        c. Only a maximum of 1 (one) vote per Login Id and per Voting Cycle (defined below) of each day will be allowed through the Viewer’s Android and /or IOS Device. If more than 1(one) vote is received from any Login Id during any Voting Cycle, the votes received over and above 10 (ten) votes will be considered invalid and the same shall not be counted.

        d. The Voting Cycle shall be understood as the voting timings of each day during which the Voter can cast a maximum of 2(two) votes through his/her Login Id. The start time and end time of each day Voting Cycle is mentioned below (“Voting Cycle”). 

6. It is understood that a Viewer/Voter can cast a maximum of 18 (eighteen) votes during the Voting Period. 

7. The Viewer(s)/Voter (s) shall be at liberty to cast their votes for any one of the Final Contestants or share their votes between the Final Contestants in any ratio, at their discretion. 

8. The Viewer /Voters will not be charged any fee or cost in the Hotstar Voting Mechanism to cast the vote. However, there may be cost levied to the Viewer/Voter, at the applicable rate, by the network provider for using internet connection which should be verified by the Viewer/Voter at his/her sole responsibility. In case of casting vote while roaming in different circle/zone, additional roaming rates for browsing of the internet may be applicable. SIPL, Channel, Hotstar shall not be responsible for any such charges incurred by the Viewer/Voter and all charges for browsing/using internet to cast such vote shall be borne solely by the Viewer/Voter. 

9. In the Voting Mechanism, the Viewer should cast his/her votes for a particular Final Contestant (s) during a particular Voting Cycle and any vote cast after the Voting Cycle shall neither be considered as vote(s) for that Episode nor for the next Voting Cycle.  

10. Votes sent after the Voting Period and/or after the applicable Voting Cycle, will not be considered valid and shall be deemed null and void without requirement of any further intimation by SIPL or the Channel. SIPL/Channel reserves the right to alter/modify/ reduce or increase the duration of the Voting Cycle as and when it desires without any further liability or notice to any person. 

11. The Final Contestants with the highest number of votes will get weightage in the scores for selection of winner, runner-up and other positions of the Program and it is further clarified that the declaration of winner is purely based on the Cumulative of votes received through the Voting Mechanism and Judges’ scores. In no event, shall the Participants, the Final Contestants, or the Viewer(s)/Voter(s) dispute the decision made by SIPL and/or the Channel or make any claims in this respect in regard to any aspect of the Program and/or the Voting Mechanism including the Terms and Conditions, the format of the Program, selection of the Final Contestants and the declaration of winner, runners-up and other positions. 

12. SIPL and/or the Channel reserve the right to modify the format of the Program, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program or at any time during the Period. It shall be the sole responsibility of the Viewer(s) /Voter(s) to read the Voting Rules from time to time available on the Website. It is further clarified that in case of final scores (e., votes received as per the Voting Mechanism and Judges scores) being tied for two (2) or more Final Contestants, the decision of SIPL and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and/or challenged in a court of law, to the extent permissible under law. Without limiting the foregoing, under no circumstances will SIPL, Channel, its assigns and/or affiliates be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, arising in any way whether in contract, tort (including negligence) or otherwise. The Viewer/Voter specifically waives his/her right to seek injunctive relief against SIPL, the Channel, its assigns and/or any of their affiliates or any entity in relation to the Program, and/or the Voting Mechanism, to the maximum extent permitted by law. 

13. The details of the Voting Mechanism will be announced during the telecast of the Program on the Channel. 

14. The voting is merely to enable the Viewers/Voters to vote for their favorite Final Contestant(s) whom they like or to vote for the performance of a particular Final Contest(s) that they have liked. Each Viewer/Voter participating in the Voting Mechanism agrees and acknowledges that he/she shall not be entitled to any gratification of any nature whatsoever. Viewers/Voters shall not be entitled to make any claims in respect of any compensation or gratification whether monetary or otherwise against the Channel, SIPL and/or the Program or any representative of the SIPL etc in relation thereto. 

15. The Finalist will be ranked based on the Average scores of the above-mentioned weightage and based on the ranking the winner, runner up will be decided. 

Illustration:

16. It is clarified that SIPL can introduce any new or amend or modify or dismiss the above-mentioned mechanism at its sole discretion, The Viewers will not receive any confirmation for the votes cast by them during the Period 

17. The selection of Winner through the Voting Mechanism and/or the decisions made by SIPL and/or the Channel in any aspect of the Program/Voting Mechanism shall be final and binding on all the Viewers and in no event, shall the Viewers dispute the decision made by SIPL, Channel and/or its employees/representatives in connection to the same. 

II. General Rules 

1. The Viewer interested in participating in the Voting, represents and warrants that he/she is 18 years old or above. The Viewer further represents and warrants that (i) he/she is not restricted from or under any disability, whether legal, contractual or otherwise which may restrain/prevent him/her from participating in the Voting Mechanism; and (ii) he/she shall comply with the applicable laws and these Terms and Conditions and the Policies. Failure of any Viewer to comply with the Terms and Conditions and/or the Policies will disqualify such Viewer from participating in the Voting Mechanism and/or render the vote cast by such Viewer null and void. 

2. Proof of age, if requested, of the Viewer(s) must be submitted to SIPL as may be required by SIPL to confirm the eligibility of the Viewer(s). 

3. SIPL reserves all rights to make amendments to the existing Voting Rules or withdraw, change, alter, amend the Voting Mechanism, process of selection of the Winner, Voting Rules, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules and Privacy Policy, from time to time. 

4. SIPL reserves the right to cancel and/or reschedule the Program and /or the Final Rounds and/or extend or alter the Period 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). 

5. Viewer(s) agree, understand and acknowledge that there is no prize/gratification for voting in the Voting Mechanism and casting of Votes for the Final Contestant(s) as detailed herein. 

6. The Voting Rules shall be advertised sufficiently across the Website and /or the Channel to ensure that no Viewer is misled, and each Viewer fully understands the entire process and costs (if applicable) for voting. It is clarified that all costs towards voting shall be borne by the Viewer solely without any recourse whatsoever to SIPL or the Channel. 

7. In case a Viewer(s) is found to be in non-conformance of the Voting Rules and Privacy Policy, then SIPL will be entitled to at its sole discretion disqualify the votes received from that Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible by law, the same shall not be disputed or challenged. 

8. SIPL 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 of the missed call or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving SIPL. 

9. In case of any telecom and /or network failure and /or technical failure in having an internet session and /or logging on to Hotstar and/or for any reasons whatsoever, SIPL reserves the right to at its sole discretion to change/amend the Voting Mechanism and /or cease from accepting Votes of the Viewers during the Period for the episodes of the Final Rounds of the Program, in any manner it may deem fit and necessary. In addition SIPL shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Voting Mechanism including without limitation voting system/failure in the mechanism due to any reason whatsoever including technical disruption /default in internet lines /connection  or  upon casting of Vote / close or default / failure/ any other difficulties of such nature due to which the Viewer(s) is unable to record his/her Vote/ failure to logging on automatic acceptance of votes stated in these Privacy Policy and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of SIPL. 

10. SIPL reserves the right to disqualify votes or suspend voting if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig/manipulate the voting. SIPL has the right to substitute an alternative voting method at its absolute discretion. 

11. Voters shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters. 

12. SIPL reserves the right to suspend any of the Coaches/Judges and/or Contestant(s) in case it has reasonable grounds to conclude that the individual(s) have been alleged in any public domain and/or social media websites for any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which may be tantamount to general misconduct. 

13. To the extent permissible in law, Viewer(s) shall not in any circumstances make any claims against SIPL, Coaches/Judges and /or any celebrities appearing the Program, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, accidents, deaths, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their voting. If the Viewer(s) is found to be ineligible, or if they have not complied with these Voting Rules, the corresponding entries will be disqualified. 

14. By casting their Vote, 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 of the Program, Vote, 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 Voting Mechanism (if any), notwithstanding the foregoing, under no circumstances will SIPL and/or SIPL affiliates 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. 

15. SIPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to voting/Voting Mechanism. Each Viewer in consideration of being given opportunity to Vote, agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, the Coaches/Judges and /or any celebrities appearing on the Program, SIPL, 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, in any manner whatsoever in connection with the Voting  Mechanism, Votes and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer 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. 

16. SIPL shall be responsible for ensuring that the entire Voting Mechanism shall be managed /conducted on a fair and equitable basis and in accordance with applicable laws of India. For this specific purpose SIPL, will at its sole discretion, appoint independent audit firms /companies/auditors (as the case may be) to audit the entire Voting Mechanism during the telecast of the Program and keep updated records of the same. Such auditors and /or their representatives shall also remain present on the sets of the Program. Employees of and/or consultants of and/or persons hired on contract by SIPL and the sponsors of the Program, if any, and the members of their immediate family are ineligible for voting for the Program. 

17. All Voters are advised to remain in areas with strong and stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting vote. 

18. Hotstar will not charge the Viewer for casting vote through Hotstar. But the Viewer may be charged for using the internet by the internet services provider. It will be Voter’s responsibility to understand and enquire internet charges as may be applicable with their internet service provider. In case of casting vote while roaming in different circle/zone, additional roaming charges/rates may be applicable. SIPL shall not be responsible for any such charges incurred by the Voter. 

19. SIPL will not permit or entertain any requests or claims from the Voter (s)/ Viewer(s) to check / audit / challenge the logic of the current voting rules. 

20. By the act of voting, the Viewer(s) have read understood, accepted and agree to abide by all the rules and regulations of voting as set out herein and are unconditionally bound by the Privacy Policy. 

21. By the act of voting, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Program, in any manner whatsoever to the extent permissible under law. 

22. Any votes casted outside the Voting Period /Voting Cycles mentioned in the ‘Voting mechanism’ above shall not be considered valid and will not be counted. 

23. Each Viewer(s) hereby acknowledges and agrees that the relationship between the Viewer(s) and SIPL and its/their affiliated companies is not a confidential, fiduciary, or other special relationship. 

24. Viewer(s) acknowledges that in case any portion/clause of these Voting Rules 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 Voting Rules shall be valid and binding and of like effect as though such provision was not included herein. 

25. Viewer(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of Vote 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 Voting Rules and if such inability to perform such obligation continues for a period of fifteen (15) days, then SIPL shall be at liberty and upon their sole discretion to terminate any such vote(s) of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s). 

26. The Viewer(s) shall comply with the laws of India. 

27. Other third-party websites may provide information related to the voting process, timelines or any other information which may be relevant to the Program, however, the content on such websites is not subject to our control, their owners may be independent from us and SIPL does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewers basis such information. 

28. These Voting Rules 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 Voting Mechanism and/or the Program shall be referred to a sole arbitrator appointed by SIPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Chennai, 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. 

29. Subject to the provision of 28 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Chennai, India. 

30. In case of any queries, please write to hello@startv.com setting out your concerns/issues. We shall endeavor to reply to the same in reasonable time, however, no reply shall not construe to acceptance, or the query raised.