TERMS AND CONDITIONS
A. PRINCIPAL RULES
- The Contest will be conducted on the Network Handles from 09.00 PM IST on 28 January 2022 up to 9.00 PM IST on 3 February 2022, or such other date/time as may be decided by STAR at its sole discretion and announced by STAR on the platforms and media owned/operated by STAR or its group companies (“Channels”) and/or on the Network Handles (“Contest Period”).
- The Contest is a game of knowledge, whereby the Participants need to correctly answer the question(s) (“Contest Question”) asked on the Network Handles to be eligible to be shortlisted as part of the Pool (as defined below).
- Any person (i.e., the Participant) who wishes to participate in the Contest shall fulfill all of the following requirements in order to qualify for participation:
(i) All the Participants must be citizens of India, present and residing in India, during the Contest Period, must be of sound mind and must be at least 18 years of age as on the date of participating in the Contest.
(ii) The Participant(s) should not have any criminal conviction or be prohibited by an arrangement or a contract that prevents the Participant(s) from participating in the Contest.
(iii) The Contest is not open to the employees (permanent or contracted) and directors, including each of their immediate family members, of: (a) STAR, its parent, subsidiary, group and/or affiliated companies (collectively, “STAR Entities”); (b) Bira91, its parent, subsidiary, group and/or affiliated companies; and (c) companies and/or entities connected with the promotion of the Contest and/or consultants hired by STAR for the Contest.
(iv) Each Participant is required to visit and follow one of the Network Handles and answer each Contest Question on the respective Contest Days (as defined below) during the Contest Period.
(v) The Participants should submit their entry containing their answer(s) to the Contest Question on the respective Network Handles during the respective Contest Days only within the Contest Period (collectively, “Entry(ies)”).
(vi) Participant(s) must enter the Contest and/or answer the Contest Question on their own behalf only and Entries by proxies shall not be accepted.
(vii) Any Entry which does not satisfy the requirements of 3 (i) – (vi) above shall not be considered a valid Entry and shall be deemed null and void without requirement of any intimation by STAR.
(viii) The Participant will be eligible to receive the Gratification (as defined below) in accordance with the Selection Process (as defined below) and Gratification section below.
- Each Participant understands and accepts that the Contest shall be conducted by STAR in the manner provided below (“Selection Process”):
(i) One Contest Question each shall be announced on the Network Handles on 28 January 2022, 30 January 2022 and 1 February 2022 (“Quiz Day(s)”) anytime between 12:00 PM IST and 11.00 PM IST.
(ii) Each Participant shall be provided time from the Quiz Day up to 11.59 PM IST of the immediately subsequent day (“Contest Days”) to post their answer in relation to each Contest Question.
(iii) All answers posted by the Participants should have the hashtag ‘#LegendaryFlavoursOfPL’ (“Correct Hashtag”).
(iv) All the Participants who post the correct answers to all the Contest Questions with the Correct Hashtag within the respective Contest Days shall be put into a pool of shortlisted /potential winners (“Pool”).
(v) 5 (five) potential lucky winners shall be selected via randomizer from amongst the Pool (“Potential Winner(s)”) by an independent third party engaged by STAR for this purpose.
(vi) The Potential Winner(s) shall be required to submit to STAR relevant documentary evidence such as proof of age, proof of nationality and proof of address/residence, a list of questions to the Guest (as defined below), and such other details as requested by STAR from the Potential Winner(s) and within such timelines as indicated by STAR, to enable STAR to confirm the eligibility of the Potential Winner(s) to claim his/her Gratification. In the event, if the Personal Information (as defined below) and other details provided by the Winner(s) are incorrect/incomplete and/or the Potential Winner(s) fails to adhere to the instructions, then the said Potential Winner(s) shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Gratification as a result of which he/she shall be disqualified and his/her selection shall be invalidated (“Winner Disqualification/Disqualified Winner”). It is hereby further clarified that the Potential Winner(s) shall be required to do any and all acts and execute any and all documents in such manner 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 failing which their selection shall be forfeited (also termed as “Winner Disqualification/Disqualified Winner”). In such a case, STAR and/or STAR Entities shall not be liable in any manner whatsoever and shall not be obliged to notify the Winner Disqualification to the Disqualified Winner.
(vii) In the event of Winner Disqualification, the next Potential Winner shall be selected via randomizer and so on, who would be the Potential Winner eligible to be reached out by STAR. The Disqualified Winner would not have any objection or claim (including but not limited to the Gratification) whatsoever against STAR.
(viii) The Potential Winner(s) who comply with providing all the correct Personal Information and all such other details/ documents requested for, would be termed as the winner(s) of the Contest (“Winner(s)”) who would be eligible to receive the Gratification.
(ix) Subject to the aforesaid, the Winner(s) of the Contest shall be announced by STAR on/before 9 PM IST on 6 February 2022 of the Contest Day on the Network Handles and/or any other means announced by STAR.
(x) STAR reserves the sole right to select and declare the Winner(s) of the Contest and such decision shall be final and binding on the Participant(s) and the Winner(s).
- The Participant accepts and confirms that gratification to the Winner shall be provided as per the following understanding:
(i) Subject to the aforesaid, a maximum of 5 (five) Winners shall be selected as a part of the overall Contest each one of who will be invited to e-meet John Terry (“Guest”) over a virtual platform in a moderated interactive session organized by STAR (“Gratification”).
(ii) STAR reserves the right to record the Gratification (“Gratification Media”) and utilize the Gratification Media (including any edited version of the same) at its sole discretion, including for the purposes of transmission on its Channels and/ or Network Handles and the Winners shall consent to the same. In consideration for their participation in the Gratification, the Winners shall grant STAR all rights to the Gratification Media and shall execute such documents as may be required by STAR in this regard.
(iii) STAR reserves the right to change or withdraw the Gratification should the selected Winner(s) fail to comply with any of the Contest Terms and Conditions and/or applicable laws or for any other reason whatsoever.
(iv) The Winner(s) agree that if due to any reason whatsoever, the Gratification and/or anything in connection to the Gratification and/or the enjoyment of the Gratification becomes ineffective or invalid, STAR and/or STAR Entities cannot be held responsible and/or liable for the same. Further, STAR, and/or STAR Entities assume no responsibility and shall not be held liable for any damages, losses, inconvenience, or any other liabilities of any nature whatsoever arising in connection with the fulfilment/completeness of the Gratification.
(v) If any Participant engages in any behavior that STAR in its sole discretion believes to be prejudicial to the spirit of the Contest, it shall result in such Participant’s disqualification from the Contest and the receipt of any Gratification.
(vi) Except as expressly provided herein, all ancillary costs associated with the receipt or utilization of the Gratification, whether direct and/or indirect, including without limitation charges, expenses, taxes, costs, etc. are the sole responsibility of the Winner(s).
(vii) The Winner agrees that the Gratification cannot be transferred, negotiated, refunded, or exchanged. It is clarified that no other gratification, cash equivalent of the Gratification or alternative Gratification will be awarded to the Winner and the Winner cannot exchange the Gratification for cash or a gift of similar value. The Contest or the Gratification cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record the act of collection of the Gratification or incorporate it in the telecast of any matches or otherwise mention it on the Channels/Network. If the Winner refuses to accept the Gratification thus awarded, STAR and/or STAR Entities shall be released from all obligations towards the Winner in connection to the Contest, Gratification or otherwise.
6. The Entries received before the commencement and/or after the expiration of the respective Contest Day and/or Contest Period shall be void. STAR’s determination of the date and time of receipt of Entries shall be final and binding on all Participants. Any incomplete and/or illegible Entries shall result in disqualification from participation in the Contest and the receipt of any Gratification.
7. All decisions taken by STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed to mean that the Participant(s) has(ve) waived their right to dispute any decision(s) made by STAR.
8. STAR and/or STAR Entities shall not be responsible in the event that Entries are not received, or the Participant(s) is unable to participate or post his/her entry on Network Handles (i.e., Instagram and/or Twitter) in the Contest, or if the Winner is unable to participate in the fulfilment of the Gratification due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Submit/Post” button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.
9. All Entries and the Gratification Media shall become the property of STAR and/or STAR Entities. By entering the Contest, the Participant and/or the Winner(s) grant STAR and STAR Entities unlimited use of their names, social media handles, address, voice, photographs, videos, statements and/or likeness including the Entry and the Gratification Media in any and all media without remuneration throughout the world in perpetuity for the purpose of content transmission, publicity and/or advertising and/or any other purpose as may be determined by STAR at its sole discretion.
10. For the sake of clarity, all rights, title, and interest in Entry or Gratification shall vest with STAR and/or STAR Entities and may be utilized by STAR and/or STAR Entities at a later point in time, at its sole discretion. The Participant(s) and/or the Winner(s) hereby irrevocably, perpetually and for the entire world, assign all rights, title and interest including rights in any intellectual property vested in the Entry or any later communication to STAR and/or STAR Entities including but not limited to the right to make any adaptation, rights in any form of exploitation etc.
11. STAR and/or STAR Entities is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, illness, infection, death, mental and/or emotional trauma caused to the Participant(s) and/or the Winner(s) and/or Potential Winner(s)and/or Disqualified Winner(s) in any manner whatsoever or for any reason whatsoever in connection to the Entries, the Contest and/or the Gratification.
12. STAR reserves the right to forfeit the Gratification in the event it is found by STAR has a reason to believe that any information provided by the Participant/Potential Winner/Winner is wrong, fraudulent or any misrepresentation is made by the Participant/Potential Winner/Winner. STAR shall have the right to declare any other Participant as the Winner of the Contest, at its discretion and transfer the Gratification to such other Participant.
13. The Participant(s) shall ensure that the Entry, Gratification Media or any other communication being submitted by them is decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous, or blasphemous to any person, religious sect, or section of the society, etc. The Participant(s) further represents and warrants that the Entry, Gratification Media and/or any other communication being submitted by him/her shall be original and shall not infringe upon and/or contain any material that shall infringe upon any third-party rights including rights in intellectual property. STAR reserves the right to remove or disqualify any Participants that do not comply with these criteria.
14. STAR reserves the right to change the entry system/mechanism and/or cease accepting Entries for the Contest during the Contest Period for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion.
15. STAR reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. STAR reserves the absolute right and discretion to reject any Entry or any part thereof at any stage of the Contest, including after declaring the Winner, if STAR: (a) receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party; or (b) determines at its sole discretion that the Entry inter alia:, (i) belongs to another person and in which the Participant does not have any rights; (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) 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; (iv) harm minors in any way; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonates another person; (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, 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. The decision of STAR in this regard shall be final and binding upon the Participant(s).
16. The Participant(s)/Winner agrees and consents to the use of the Entry, the Gratification Media and/or any other communications/submissions thereof by STAR and/or STAR Entities as it may deem fit for the purpose of promotion of the Contest and/or STAR and/or STAR Entities and/or any programs on any channels owned or operated by STAR or STAR Entities (the “Network”). In consideration of the participation in the Contest, the Participant(s)/Winner hereby irrevocably, exclusively, perpetually and for the entire universe assigns all rights, titles and interests in the Entry and/ or Gratification Media including any rights of Exploitation thereof, to STAR, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Entry, Gratification Media and/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 the Entry, Gratification Media or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry, Gratification Media and/or any part thereof from one form/format to another and in relation to the Entry, Gratification Media 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 or Gratification Media in to 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, 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, Gratification Media and/or any part thereof if any subsisting in favor of the Participant(s)/Winner, in relation to future medium or mode of exploitation of the Entry, Gratification Media and/or any part thereof is not held valid by operation of law, Participant(s)/Winner hereby grants an irrevocable, exclusive, sub-licensable, perpetual right to STAR and its affiliates for such future medium or mode of exploitation of the Entry, Gratification Media and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participant(s)/Winner hereby agrees that the Participant(s)/Winner shall not assign or in any other manner transfer the Entry, Gratification Media and/or any part thereof including for such means and modes of Exploitation of the Entry, Gratification Media 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, Gratification Media and/or any part thereof for the entire world and perpetuity to STAR. The Participant(s)/Winner, 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 Entry, Gratification Media 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, Gratification Media 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 apply to this Agreement. The Participant(s)/Winner waves off his “Moral Rights” with respect to the Entry, Gratification Media and/or any part thereof as required. The Winner 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.
B. GENERAL RULES:
- Participant(s) shall provide such information as may be required by STAR from time to time. Any incomplete submission shall be considered invalid for the purpose of the Contest and shall result in Winner Disqualification. STAR 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 at any point in time during the Contest Period.
- STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend, temporarily suspend, or terminate the Contest at any time, without giving prior notice or reason, for any reason whatsoever. It shall be the sole responsibility of the Participant(s) to check the rules and regulations of the Contest on https://www.startv.com/legal-terms-policies/terms/contest-terms-conditions/terms-and-conditions-legendaryflavorsofpl-contest/.
- The Participant/ Winner acknowledges that in case the conduct of the Contest and/or Gratification cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as war, industrial action, pandemic, epidemic, flood, any act of God, power or internet outage, unavailability of the Guest or restrictions (of any nature whatsoever) on trade, commerce and/or movement of persons and goods imposed by the governmental authority(ies) (collectively, “Force Majeure Event”), then STAR and/or STAR Entities shall not have any liability in this connection.
- The Winner/Participant(s) shall hold harmless and indemnify STAR, STAR Entities, 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, damage, liability, award, costs or expenses that may arise in connection with any act of the Participant(s)/Winner(s)/Potential Winner(s), Disqualified Winner(s) and/or Entry/ Gratification Media including any third party rights claims with respect to the material submitted by the Participant(s)/Winner to STAR.
- The Participant(s) and/or Potential Winner and/or Disqualified Winner and/or the Winner shall not in any circumstances make any claims against STAR or STAR 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 (directly or indirectly), to the Participant(s) and/or the Winner participation or non-participation in the Contest or any related activity. If any Participant or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entries shall be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary, or punitive damages or losses in connection with this Contest.
- The Participant(s)/Winner of the Contest agrees that if 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 or other consideration payable to the Participant(s)/Winner. Further, the Participant(s)/Winner 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 STAR Entities into public disrepute or denigrate any of the preceding or offend any community or public morals. In all public appearances the Participant/Winner 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 Contest, Gratification Media and/or the Network and/or any channel on the Network. The Participant(s)/ Winner(s) agrees that the Gratification Media or any footage/ picture/ photograph of the Participant(s)/ Winner used (if any) during the course of the Contest or for the purpose of the Contest 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 in any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participant agrees and consents to the use of any text and/or information and/or any photograph and/or image and/or visual recording and/or other components of his or her Entry or the Gratification Media on any platform as STAR may deem fit for the purpose of promotion of the Contest and/or the Network and/or any channels forming part of the Network.
- The Participant’s participation in the Contest shall be considered to be acceptance of the Terms and Conditions as set forth herein.
- In the event of any fault, misunderstanding or dispute concerning any part of the Contest, and/or the operation of the internet system, or the validity of any question or answer options, the decision of STAR shall be final and binding on all Participant(s) and other persons. STAR is empowered to take a decision on any case or instances not covered by the present Terms and Conditions.
- If the operation of this Contest is prevented or affected by a Force majeure Event or otherwise, STAR may cancel all or any part of the Contest or take such other decision as it deems fit.
- If any court or other competent authority holds any provision (or any part of such provision) of these Terms and Conditions to be void or unenforceable, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
- 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 in New Delhi.
- Any dispute or claim arising out of or in relation to the Contest or these Terms and Conditions shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time, by a sole arbitrator nominated at the sole discretion of STAR. The place of arbitration shall be New Delhi. The language of arbitration shall be English. The award of the arbitral tribunal shall be final and binding on the parties.
- STAR is empowered to take a decision on any case with respect to this Contest not covered by the present Terms and Conditions.
- Under no circumstances shall STAR and/or STAR 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.
CONSENT FOR PROCURING PERSONAL INFORMATION
- By entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to STAR. If a Participant does not wish to have their information and/or likeness viewed by or disclosed to others, they should not enter the Contest.
(ii) STAR reserves the right to retain and use the Personal Information for subsequent activations, promotions, and future marketing campaigns/re-marketing by STAR.
(iii) Your Personal Information may be shared by STAR with its affiliates, vendors and service providers including with its vendors for the purposes of data processing and analysis for the Contest.
(iv) Your Personal Information will be used for the Contest, in various formats and media, including television, digital, social media and print for marketing and promotional activities in respect of the Contest. Your Personal Information will also be used for the purposes of contacting you (in case you happen to be one of the Winners) and for processing the Gratification in your favour.
(v) STAR has informed you of your rights to: (a) review your Personal Information for deficiencies and inaccuracies, and request to amend the Personal Information, to the extent deemed feasible by STAR; and (b) withdraw the consent provided by you hereunder. Provided that STAR 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, STAR shall be entitled to disqualify your entry and/or participation in the Contest, as deemed fit and necessary by STAR at its sole discretion.
(vi) All your Personal Information is true, correct, and complete in all respects and in no circumstances, shall STAR be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.
(vii) STAR has provided you with the option to opt out of providing your Personal Information.
You hereby agree to abide by the Terms and Conditions of the Contest available at https://www.startv.com/legal-terms-policies/terms/contest-terms-conditions/terms-and-conditions-legendaryflavorsofpl-contest/.