Vijay Matinee Kondattam Contenst

Terms & Condtions

These terms and conditions (‘ Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’) who voluntarily agrees to participate in the contest “Vijay Matinee Kondattam” (‘Contest’) which will be hosted by Asianet Star Communications Private Limited. (“ASCPL”) for the purpose of promotion and viewer engagement of its channel ‘ Star Vijay ’ (“Channel”) and its programs (“Vijay Programs”). The Contest will be conducted on the Channel.

The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects.

ASCPL reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on https://www.startv.com/legal-terms-policies/#vmk2021 ,(“Website”) unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defence in any proceeding with regard to the Contest.

To participate in the Contest, the Participant may be(if required) required to disclose his/ her personal information to ASCPL from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). ASCPL is committed to protecting the privacy and the confidentiality of the Personal Information received. ASCPL uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such Personal Information and /or any information or content gathered through these Terms and Conditions is dealt in the manner laid down in the Privacy Policy which is accessible at https://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

Any information gathered through these Terms and Conditions shall be subject to our Privacy Policy incorporated herein by reference. Your act of participating in the Contest shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of ASCPL as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to agree to these General or Principal Rules (as stated herein below) or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Contest. The Contest shall be governed by the Terms and Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same.

The Privacy Policy available at the Website shall govern all usage of any Personal Information and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information in relation to Your participation in the Contest gathered under or pursuant to this Contest by ASCPL (if any).


I. PRINCIPAL RULES

  1. ASCPL shall announce the Contest via promos on the Channel and other channels of ASCPL, Newspaper ads, Radio, Outdoor and digital platforms of the Channel (Facebook, Twitter and Instagram) or through any other medium of exploitation which shall be at the sole discretion of ASCPL.
  1. The Contest shall commence from February 8, 2021, at 01:30 PM Indian Standard Time (“IST”) and shall conclude on March 6, 2021 at 03:30 PM IST from Monday to Saturday of each week(“ Contest Period”) on the Channel. For sake of clarity it is clarified that the Contest Period shall consist of consecutive of 24 (twenty Four) days starting from February 8, 2021 and ending on March 6, 2021. For sake of clarity it is clarified that the Contest Period shall consist of total 4 (four) weeks, each hereinafter individually referred to as “Weekly Period”, i.e (i) Week no.1 starting from February 8, 2021 to February 13, 2021; (ii) week no.2 from February 15, 2021 to February 20, 2021; (iii) week no.3 from February 22, 2021 to February 27, 2021; (iv) week no.4 from March 1, 2021 to March 6, 2021;. ASCPL reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the Channel and /or the Website from time to time. ASCPL also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).
  2. The Contest shall comprise of 3 (three) different multi choice questions, based on each Vijay Programs telecasted on the Channel on a daily basis for all 24 (twenty four) days (from Monday to Saturday of each Week ) between 01:00 PM, IST and 03:30 PM IST of the Contest Period (“Daily Question”). The total number of Daily Questions triggered during the Contest Period shall not exceed 72 (Seventy Two ) multi choice questions. It is clarified that the Daily Questions will be refreshed on a daily basis by ASCPL. It is further clarified that the Contest shall be triggered only during the telecast of the Vijay Programs between 01:00 PM, IST and 03:30 PM IST timeslot during the Contest Period and no other timeslots. It is clarified that each Daily Question(s) of the Contest triggered during the Contest Period shall be strictly based on the contents of each corresponding Vijay Programs being telecast on the Channel during the Daily Contest Period (as defined below). For the purposes of this Terms and Conditions, the Daily Questions shall be displayed on the Channel during the telecast of the respective Vijay Programs on a Plate or Aston of 10- 15 seconds along with the mechanism for every Participant to participate in the Contest. The lines will remain open on a daily basis during Contest Period for each Daily Question as follows (“ Daily Contest Period”)
 

start time

end time

1st Question

1:30 PM

2:00 PM

2nd Question

2:15 PM

2:45 PM

3rd Question

3:00 PM

3:30 PM

The lines shall remain closed at the end time mentioned against each Question in the above table. Answers/Entries received after the end time of the respective Question will not be considered.

  1. To participate in the Contest and to be eligible for the Prize (as defined below), the interested Participant(s) shall be required to correctly answer any of the 3 (three) Daily Questions during the Daily Contest Period, by making a missed call to the unique mobile numbers shown against the correct answer option to the Daily Questions (“ Answer/ Entry”). If the Participant(s) provides an incorrect Answer(s) then his/her Entry (as defined below) shall be considered incomplete and the Participant(s) shall not be eligible for the Prize (as defined below). Answer(s)/Entry(s) received by ASCPL after closing of the lines of the particular Question and/or Daily Contest Period and /or Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by ASCPL. It is further clarified that missed call made by the Participant to an incorrect number or sent after closing of the lines or the Contest Period will be deemed invalid and entry of such Participant will be disqualified. For purposes of this Contest, “receipt” of Answer(s) occurs when the mobile/network operator records the Answer information upon the Participant(s) sending the MISSED CALL and the Participant (s) receiving a thank you message stating “விஜய் மேட்னி கொண்டாட்டத்தில் பங்கேற்றதற்கு நன்றி, உங்கள் பங்களிப்பின் மூலம் https://www.startv.com/legal-terms-policies/#vmk2021 இல் உள்ள விதிமுறைகள் மற்றும் நிபந்தனைகள் மற்றும் தனியுரிமைக் கொள்கையை ஏற்றுக்கொள்கிறீர்கள் ”. Any automated receipt confirmation does not constitute proof of actual receipt. Providing the correct Answer for each of the Daily Question of the Contest during the Contest Period and /or Daily Contest Period by the Participant(s) through missed calls to the unique mobile numbers assigned to the answer options shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, by submitting the Entry and /or Answer(s) the Participant(s) is representing that the Entry(s) and /or Answer(s) or contents thereof are not confidential or comprise any sensitive Personal Information. It is clarified that each Participant(s) shall be free to submit /provide Answer(s) innumerable times through missed calls to the unique mobile numbers assigned to the answer option for each Daily Question during the Period and such submission of Answer(s) shall not make him /her from ineligible from participating in the Contest and shall not render his /her Entry invalid, provided however that only the first valid Entry registered with ASCPL will be taken into consideration. Answer/s Entries (i.e. missed calls) received after the Daily Contest Period for each Daily Question of the Contest shall be considered null and void.
  1. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.
  1. It is clarified that all costs incurred by the Participant(s) to participate in the Contest shall be solely borne by the Participant(s) without any recourse to ASCPL.

7. In case of telecom, network failure and/or any other reason, ASCPL reserves the right to change the mechanism or take such necessary steps as it may deem fit.

8. Upon the Participant(s) sending in their Entries to the Daily Questions, the mobile number from which the Participant(s) have answered the Daily Questions would get registered with the respective network provider. It is understood by the Participant that to be eligible for the Prize he/she shall be required to submit his/her Entries/ Answers for all the Daily Questions from one specific mobile number only failing which he/she shall be considered ineligible to contest for the Prize.

9.

  1. It shall be deemed that the person in whose name the mobile number is registered (from which the missed call is made) shall be construed to have sent the Answers/Entry(ies) for the Contest.
  1. ASCPL and/or the Channel reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason whatsoever. The decision of ASCPL and/or the Channel in this regard shall be binding upon the Participant(s).
  1. During the Contest Period, at the end of the each and every Daily Contest Period, every Participant(s) on the basis of the having made a valid Entry and correct Answer(s) to any of the Daily Question(s) triggered during the Daily Contest Period, three (3) daily winners (one winner for each daily question) will be selected on a random basis ( “Winners”/ “Daily Winners”) from the pool of entries received. For the entire contest Period the total number of Daily Winners shall not exceed a total number of 72 ( Seventy Two). Each of the Daily Winners for Daily Question shall be entitled to gift(s) ie., consumer durables viz., fridge, washing machine, mixy, grinder etc, worth not exceeding Rs.10,000/- (Rupees Ten Thousand only) hereinafter referred to as (“Prize”) It is further clarified that ASCPL shall at its sole discretion select the Winners and allocate the Prizes amongst the selected Winners by way of a random selection based on the criterion mentioned herein. The Winners for every corresponding Daily and Weekly Periods shall be declared on the following week on social media platforms of the Channel.
  1. The Winner shall be announced on social media platforms or any other medium as ASCPL may deem fit and necessary at its sole discretion. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant(s) having made a valid Entry(s) and providing g the maximum number of correct Answers to all the Daily Questions triggered during the Contest Period shall be entitled to the Prize. It is further clarified that save and except the Prize , the Participant(s)/ Winner shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Contest Period or Closing of the Lines of the respective Daily Question(s) will not be considered for the Contest and shall be deemed null and void.

  1. ASCPL through its representatives shall contact each Winner on the mobile from which the Entry is made by the Winner and inform him/her of winning of the Prize. Thereafter the Winner shall be required /asked to submit to ASCPL or their representatives, the scanned copies of this/her ID proof, age proof and address proof which shall be a valid passport copy, pan card copy, driver’s license, last two phone months bill for the mobile number registered with ASCPL (from which the Participant has submitted his/her Entry in the Contest) (“ Winner’s Documents”). The Winner (s) shall be required to submit the Winner’s Documents to ASCPL/their representatives within seven (07) days from the date of the telephonic communication received from ASCPL by the Winner. After receiving the Winner’s Documents, ASCPL will courier a gift voucher to the Winner and the Winner can redeem the Prize with the gift voucher at “Vasanth&Co” which is near to his/her location, as informed by ASCPL’s representatives.
  1. ASCPL or their representatives shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Winner on the mobile number which was registered with ASCPL. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, ASCPL or their representatives shall make maximum 1 (one) attempt to call the Winner. In case any the Winner is unavailable on all the attempts, the selection of that Winner shall be invalidated, and ASCPL shall at its sole discretion select another winner as the Winner r from amongst the Participant(s) who have made valid Entry during the Contest Period. For the avoidance of doubt such choice of new Winner by ASCPL shall be final and binding. ASCPL shall not be responsible if any of the Winner is not available on the mobile number provided by him/her and as a result of which, the Winner loses his/her chance to the Prize Winner and such decision shall be final and binding.
  1. In the event the said Winner fails to adhere to the instructions of ASCPL and/or fails to submit all the requisite identification documents as more particularly mentioned herein, then his/her selection shall be invalidated and ASCPL shall not be liable to that Winner in any manner whatsoever.
  1. ASCPL and/or the Channel reserves the right to decide the Winners of the Contest at its sole discretion.
  1. It is clarified hereby that ASCPL shall have a discretionary right to postpone/ cancel/change the destination of the Prize of reasons of unavoidable circumstances.
  1. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winners and the Winners cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person.
  1. Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winner in relation to the Prize.
  1. The decision of ASCPL and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by ASCPL and/or the Channel.
  1. By participating in the Contest, it shall be construed that the Winner has waived his/her right to raise any dispute in connection to the Contest and/or the selection procedure and/or the details of the scores and/or the Winner and/or the Prize.
  1. The final selection of the Winners shall be made by ASCPL and shall be final and binding on the entire Participant(s)/ Winners and in no event shall the Participant(s)/ Winners dispute the decision made by ASCPL or its employees in connection to the Entry/Answer and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of ASCPL shall be final and binding.
  1. The Participant/ Winner shall not in any circumstances make any claims against ASCPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winner are found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entries will be disqualified.
  1. The Participants/ Winner(s) shall at all times comply with the applicable laws, the Terms and Conditions on which this Contest is hosted.
  1. By entering the Contest, each Participant(s)/ Winner acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any), notwithstanding the foregoing, under no circumstances will ASCPL and/or ASCPL 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.
  1. ASCPL reserves the right to disqualify any Participant(s)/ Winner(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by ASCPL from time to time. ASCPL reserves the absolute right and discretion to reject any Entry/ Answer or any part thereof at any stage of the Contest, including after declaring the Winners, if ASCPL:

a. receives any notice or complaint relating to the Entry/ Answer 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;

b. determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

  1. The decision of ASCPL in this regard shall be final and binding upon the Participant(s)/ Winner. The Winner and /or Participant(s) shall not in any circumstances make any claims against ASCPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winners are found to be ineligible, or if he or she has not complied with any of these Terms and Conditions, the corresponding Entries will be disqualified.
  1. In consideration of the participation in the Contest, Participant/ Winner hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Answer, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to ASCPL. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/ Winner in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub licensable license to ASCPL for use in the entire world in any media and form as ASCPL may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to ASCPL including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/ Winner waive any so-called moral rights in the Entry.
  1. Neither ASCPL and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and the Winner agrees not to hold ASCPL and/or the Channel and its employees, responsible with regards thereof.
  1. By participating in the Contest, it is construed that the Participant(s)/ Winners has read and understood these Principal Rules including the General Rules stated below and has agreed to abide by the same.
  1. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Contestant(s) and in no manner whatsoever shall the Channel/ASCPL, be responsible for the same.

II. GENERAL RULES

1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, the decision of ASCPL shall be final.

2. The Participant(s) interested in participating in the Contest must be Indian citizen, above the age of 18 (eighteen) years and a resident of Tamil Nadu State only. The Participant(s) should not have been previously convicted of any criminal offense or must not be a party to an arrangement or a contract that prevents them from participating in the Contest. The Employees of the ASCPL, the Production Houses of the programs of Star Vijay and other channels of ASCPL, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees of the main sponsors of the programs of Star Vijay and other channels of ASCPL and members of their immediate family, are not eligible to participate in the Contest

3. Proof of age, if requested, of the Participant(s) must be submitted to ASCPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate and attested in such manner) as may be required by ASCPL to confirm the eligibility of the Participant(s). ASCPL also reserves the right to disqualify a Participant(s)/ Winner(s) in case a discrepancy is found to exist in the information furnished/ provided/ stated by the Participant(s)/ Winner(s) at any point of time during the Contest Period.

4. The Participant(s)/ Winner(s)/ represents and undertake to execute and produce such further documents as may be required by ASCPL in relation to the Contest.

5. Participant(s) agree, understand and acknowledge that there is no prize/gratification for merely sending Entry in the Contest.

6. Each Participant(s)/Winner(s) consents to the use of information submitted by the Participant(s)/ Winner(s) including the Entry(s)/ Answer(s) for the purpose as set out in these Terms and Conditions.

7. ASCPL reserves the right to cancel and/ or postpone the Contest without assigning any reasons and/ or without giving any prior intimation to the Participant(s).

8. In case a Participant(s)/ Winner(s)/ is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content or Privacy Policy, then ASCPL will disqualify the Entry/ Answer received from such Participant(s)/ Winner(s).

9. The Terms & Conditions shall be advertised sufficiently across the Website to ensure that no Participant is misled and understands the entire participation process prior to participating in the Contest.

10. In case of any telecom and /or network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or providing the Entry/ Answer and/or for any reasons whatsoever, ASCPL reserves the right at its sole discretion to change the Contest mechanism for submitting the Entry/ Answer and /or cease from accepting Entry/ Answer of the Participant(s)/ Winner(s) during the Contest Period in any manner it deems fit and necessary. In addition ASCPL shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Contest mechanism for submitting the Entry/ Answer including without limitation system failure in the mechanism of recording missed call due to any reason whatsoever including technical disruption/phone lines being open / a default in sending out the SMS alert to the Participant(s) upon sending the Entry/ Answer / close or default / failure/ any other difficulties of such nature due to which the Participant(s) is unable to participate or record his/her Entry/ Answer/ failure to logging on automatic acceptance of missed call as stated in these Terms and Conditions and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of ASCPL.

11. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against ASCPL, Channel, their employees, directors or its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind that may be suffered, including, without limitation due to any technical faults in the network and/ or connections or directly or indirectly due to or relating to their participation or non-participation in the Contest mechanism. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entry(s) will be disqualified.

12. The Winner(s) must submit with ASCPL and/or the Channel a copy of the last two bills issued by the network operator as a proof that the mobile number is registered in the name of the Winner(s) and such other documents that could be furnished as proof that the mobile number is registered in the Winner(s) name.

13. The Winner(s) agrees to maintain complete confidentiality regarding their selection for the Prize and any matter relating thereto and shall not disclose any information pertaining to the Prize or the Contest which is disclosed to the Winner(s) and which is not available to public in general, to any person or media etc. without the consent of Star. In case the Winner(s) breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize

14. The Prize cannot be transferred, negotiated, refunded or exchanged for money by the Participant(s)/ Winner(s). For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Prize will be recorded by ASCPL or will be incorporated in the Program or will find a mention in the Program and/ or on the Channel.

15. ASCPL shall not be responsible to pay for any cost, expenses, taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, except as specified herein, and if applicable, Winners agrees that the same shall be solely borne by the Winner(s).

16. ASCPL shall not be responsible for any Entry(s)/Answer(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

17. ASCPL reserves the right to forfeit the Prize in the event it is found by ASCPL or it has a reason to believe that any information provided by the Winner(s) including Personal Information is wrong, incorrect, fraudulent or misleading. ASCPL shall have the right to declare another Participant(s) (on a random basis on the criterion mentioned herein) as the Winner(s) of the Contest, at its sole discretion and transfer the Prize to such person. Such decision of ASCPL shall be final and binding.

18. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of ASCPL the Prize and/or the benefit in connection thereto becomes ineffective, invalid or unavailable (e.g. cancellation/postponement of the Contest), ASCPL shall not be held responsible and/or liable for the same.

19. ASCPL makes no representation and/or warranty regarding the Prize other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.

20. The Winner(s) shall be solely responsible to avail the Prize at the time of delivery. The Winner(s) agrees that he/she shall not hold ASCPL and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize or damage during transit or any problem in connection to the Prize .

21. The Winner(s) specifically agree and undertakes on behalf of himself / herself and his / her respective family members that he / she shall unconditionally make himself / herself and his / her family members available from time to time and co-operate with ASCPL and participate in any activity and/or campaign of any nature whatsoever (" Promotional Activity") without any consideration whatsoever payable to the Winner(s) for the same. The Winner on behalf of himself / herself and his / her respective family members allows, grants and permits ASCPL or any party authorized by it to record (audio-video/audio or video), his /her and /or his / her family member’s appearances, participation, performance, acts ,any interaction of the Winner(s) and /or his / her family members within themselves and /or with any celebrities, media or any third party or any representative of ASCPL or any related series of sound recordings and video recordings which have been shot during the designated match at the venue and/or as part of the Promotional Activity on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Winner and /or his / her family members (“ Footage”) and agree that the Footage may be used by ASCPL as it deems fit anywhere in the world at any time now or in the future. The Winner agrees and acknowledges on behalf of himself and his / her family members that all rights in the Footage vests exclusively with ASCPL worldwide in perpetuity and ASCPL is entitled to exploit the same in any manner it may deem fit across any media or platform whether existing now or which may come into existence into the future . The Winner further agrees and undertakes to execute on his / her behalf as well as on behalf necessary documentary as may be required by ASCPL in respect of the exploitation and use of such footages.

22. The Participant(s)/Winner(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring ASCPL into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s)/Winner(s) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Program.

23. ASCPL shall not be responsible if the Winner(s) is not available at the telephone numbers, provided by them and as a result of which, the Winner(s) loses his/her chance to the Prize and such decision of ASCPL shall be final and binding.

24. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) have waived his/her right to raise any dispute with regard to the Contest, and /or the Prize in any manner whatsoever to the extent permissible under law.

25. For the sake of clarity, if the Winner(s) refuses to accept the Prize awarded upon physical delivery of the same, ASCPL shall be released from all obligations towards the Winner(s) in connection to the Prize won by the Winner(s) . Further, after forfeiting the Prize, ASCPL shall be entitled to select and declare another Winner(s) (on a random basis on the criterion mentioned herein), as it deems fit, and award the Prize to that Winner(s) and such decision of ASCPL shall be final and binding.

26. Further, ASCPL shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner(s) is not reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which ASCPL is unable to intimate the Winner(s)

27. Neither ASCPL nor its employees have given a guarantee regarding the quality of the Prize and the Winner(s) agree not to hold ASCPL and/or the Channel and its employees, responsible with regards thereof. It is clarified that ASCPL and/ or Channel shall not be responsible for the brand, quality, value etc. in connection to the Prize and the supplier/ manufacturer shall be solely responsible for the same.

28. ASCPL will not be responsible nor shall be held liable for defect in the Prize if any and/or to supply any purchase receipt of the Prize or any other document in relation to the Prize . The Winner agrees that he/she shall not hold ASCPL and/or the Channel and/or their employees, responsible for delays or any problems in connection to the Prize.

29. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, ASCPL, or any of its channels, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/losses/ death/ mental or emotional trauma suffered by the Participant(s)/Winner(s), in any manner whatsoever in connection with the Contest, the Contest mechanism and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry/Answer and/or any Personal Information submitted by the Participant(s)/Winner(s) and to the extent permissible under law waives all rights to file in person through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

30. ASCPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant(s)/Winner(s) in any manner whatsoever, in relation to the Contest.

31. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify ASCPL, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/ litigation/ injury/ damage/ harm/ loss suffered by ASCPL in connection with any act of the Participant(s)/Participant(s) Entry and/or the Contest including any third party rights claims with respect to the material submitted by the Participant(s).

32. Each Participant(s)/Winner(s) hereby acknowledges and agrees that the relationship between the Participant/Winner(s) and ASCPL and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

33. The Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Prize cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then ASCPL shall be at liberty and upon their sole discretion to terminate any such Prize and/or participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding.

34. Participant(s)/Winner acknowledges 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 these Terms and Conditions, 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.

35. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

36. The Participant(s)/Winner(s) shall at all times comply with the laws of India.

37. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or Prize and/or the Contest shall be referred to a sole arbitrator appointed by ASCPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Chennai, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/Winner(s) who has raised the dispute.

38. Subject to the provision of 38 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.

//End//

Imagine more
Id: 10032