Vijay Super - Valentines Special Contest
Terms & Conditions
The following Principal and General rules are the rules and regulations (“Terms and Conditions”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the “Valentines Special Contest” (hereinafter referred as ‘Contest’) which will be hosted by Asianet Star Communications Private Limited (“ASCPL/ Company ”) on the Twitter profile of Vijay Super , i.e. @vijay SuperOffl (“Vijay Super Twitter Handle”) on Twitter and on the Vijay Super Facebook page on Facebook, i.e https://www.facebook.com/VijaySuperOffl (“Vijay Super Facebook Page”)& on the Instagram profile of Vijay Super, i.e. @vijaysuperofficial (“Vijay Super Instagram Handle”) on Instagram ( hereinafter collectively referred to as “Platform”) as a part of the promotion and marketing strategy for the Tamil movies channel , “Vijay Super” (“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 ASCPL 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 Terms & Conditions and revised terms if applicable, will be effective immediately upon uploading the same on https://www.startv.com/legal-terms-policies/#vsvsc2021 , unless otherwise mentioned. 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 defense in any proceeding with regard to the Contest.
(I) Entrants’ Eligibility:
(a) The Contest is open only to persons who are the citizens of India and shall be of 18 years of age and above.
(b) The Participant must have a valid and existing Twitter and /or Facebook and/or Instagram account during the Contest Period.
(c) Permanent and/or contract employees and directors of ASCPL, its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “ASCPL Entities”) and each of their immediate family members are not eligible to enter the Contest.
(II) Contest Procedure:
(a) The Contest shall start on February 2, 2021 at 6 pm IST and end on February 8, 2021 at 6 pm IST (“Contest Period/Period”).
(b) To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period
· log in to the respective Platform using Your Twitter and /or Facebook and /or Instagram account/credentials or Your Facebook account/credentials and click on the relevant page/tab of the Contest on the respective Platform or in any other manner or form as may be prescribed /requested on the respective Platform. For the purpose of participating in this Contest, it is mandatory that the interested Participant (s) mandatorily have a valid Twitter account or Facebook account or Instagaram account and must be residing in India during the Period of the Contest.
- Follow the Vijay Super Handle and /or page on the respective Platform
· Post a like to an image (s) from a Tamil movie uploaded by ASCPL from time to time during the corresponding Contest Period (“ Image”) on the respective Platform . It is clarified that the Company shall be free and entitled to upload any no of Images as deemed fit by them on a daily basis and that these Images will be refreshed and changed on a daily basis .
· Participant (s) shall thereafter be required to post his / her comment below the specific Image uploaded and available on the respective Platform by wishing his/her loved ones a happy valentine’s day (“ Post”). It is clarified that the Post shall not exceed 200 characters. It is further clarified that for the purpose of participating in the Contest and to be eligible for the Gratification , it is mandatory to like a particular Image and submit the Post on the respective Platform..).
· For purposes of the Contest, “receipt” of Post occurs only when the website server records the Post information upon the Participant clicking “Submit/Post” button on the respective Platform. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt. Logging onto the Platform in the manner as stated hereinabove , mandatorily having a valid Twitter account or having a valid Facebook or Instagram account and being a resident of India during the Period of the Contest, following the Vijay Super Handle and /or Page on the respective Platform, liking the Image uploaded on the respective Platform , submitting the Post below for the corresponding Image in the manner as prescribed herein on the respective Platforms in the manner as stated therein and as per the terms stated on the respective Platform , shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) provides or tweets or submits the Post , which is not original , and /or submits a POST which is not original or which is copy or if the Participant does not have a valid twitter account or does not have a valid facebook or instagram account or is not resident of India then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Gratification . The Participant (s) agrees and acknowledges that by submitting the Entry and /or Post, the Participant(s) is representing that the Entry(s) and /or Post or contents thereof are not confidential or comprise any sensitive personal information. It is further clarified that the Participant(s) cannot make (a) blank tweet (b) offensive / abusive tweet (c)tweeting and re-tweeting the same Hashtag more than once (i.e., making the same tweet many number of times in order to be selected as winner (d)tweets which do not make any sense (irrelevant to the Contest ), Any Entry comprising of such tweets and /or Hashtags shall be considered null and void and shall not be eligible for the Gratification.
(c) Each Participant(s) consents to the use of information submitted by the Participant(s) including the Post for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use by ASCPL of the Post in any mode and media including but not limited to any channels / platforms / social media pages owned and operated by ASCPL.as ASCPL may deem fit for the purpose of promotion of the Contest. Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby grants to ASCPL a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, in the Post forming part of it, to utilize the Post in any manner deemed fit by ASCPL, including but not limited inter alia, in a digitally modified format in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Contest, as deemed fit by ASCPL. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s) waives off his “Moral Rights” with respect to the Post or any part thereof as required. The Participant agrees and authorizes ASCPL to digitally modify, edit, truncate, the Post submitted by the Participant(s) for the purpose of creation of Modified Post (s) as set out below. The Participant undertakes not to create any lien, charge, or other encumbrance, on the Post at any time without the prior written consent of ASCPL. The Participant agrees that ASCPL shall be entitled to exploit the Post including the Modified Post in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Post in any manner deemed fit by ASCPL in its sole discretion. It is agreed that all rights, title, and interest in the Post along with the image including rights in any form of intellectual property and rights in any form of exploitation will be owned by ASCPL throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Modified POST by ASCPL or any third party authorized by ASCPL, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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.
(d) The Participants shall ensure that the submitted Post ,part of it is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including rights in any form of intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that —
(i) belongs to another person and to which the Participant does not have any right; (ii) is grossly harmful, harassing, blasphemous 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 whatsoever; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights;(v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation. For the avoidance of doubt, the Participant(s) agrees that ASCPL has the right to remove any such material/Post which may not be in consonance with the applicable laws.
(e) The Participant(s) further represents and warrants that the Post being submitted by him/her shall be original. Particularly, the Participant(s) represents that he/she has the complete authority to submit the Post and agrees to indemnify and hold harmless ASCPL from and against any suit/litigation/injury/damage/harm/loss suffered by ASCPL in connection with the same
(f) Participants may send as many Posts as they desire but only Post(s) received before the close of the Contest Period shall be considered valid for the Contest. Participant(s) agrees and understands that submission of more than one Post shall not result in a higher chance for the Participant(s) to win the Gratification . Participant agrees to not spam and tweet the same Post multiple times. In case, a Participant is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.
(g) The Post should state all the required information asked from the Participant(s) at the website and/or in these Terms and Conditions. If the same is not complied with, then the Post will not be considered eligible for the Gratification and will be disqualified.
(h) ASCPL shall not be responsible for any entries submitted but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or electricity failure and/or any reason whatsoever.
(III) Selection Process :
(a) During the Contest Period , at the end of each day on the basis of the Participant(s) having made a valid Post/Entry, time stamp of their Entry,and the quality , uniqueness and creative nature of the Post Post submitted, or any other criteria as deemed fit by ASCPL, ASCPL shall at its discretion shortlist a maximum number of (200) Participant(s) on first cum first basis(basis the time stamp of their Entry)(“ Shortlisted Participant(s)”). ASCPL shall publish / broadcast the Post /digitally modified Post of such Shortlisted Participant(s) (“Modified Post (s)”) only on the Channel any platform or media as decided by ASCPL at its discretion . These Shortlisted Participants shall be selected and declared based on the criterion mentioned hereinabove by way of first cum first basis on the basis of the time stamp of their Entries). The sole gratification for the Shortlisted Participants shall be that ASCPL shall broadcast the Post / Modified Post (“Gratification”) on the Channel or any other platform owned by ASCPL and /or its affiliates . Shortlisted Participants agree that the Gratification is the only prize for the Contest and no monetary prize will be awarded to the Shortlisted Participant(s). For avoidance of doubt it is clarified that ASCPL’s decision in regard to the selection and declaration of the Shortlisted Participant(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are Shortlisted Participant(s) based on the criterion mentioned hereinabove, by ASCPL at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Shortlisted Participant shall not be entitled to any other form of gratification (monetary or otherwise). Post(s) sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.
(b) ASCPL reserves the right to announce the name and/or publish the Post / Modified Post(s) of the Shortlisted Participant(s) either on-air on the Platforms and /or Channel .
(c) All decisions of ASCPL shall not be subject to any appeal of any nature whatsoever. Participation in the Contest shall be construed to mean that the Participant(s) has waived his/her right to dispute any decision(s) made by ASCPL in relation to the Contest and/or Gratification, to the extent applicable under law.
(d) The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Shortlisted Participant(s)/ agrees and undertakes that no cash equivalent or alternative prize will be given to the Shortlisted Participant(s)and the Shortlisted Participant(s)/ cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Shortlisted Participant(s) and the Shortlisted Participant(s) cannot transfer the Gratification to any other person.
(e) The Shortlisted Participant(s)/ shall not in any circumstances make any claims against the ASCPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to their participation in the Contest or any related activity, to the extent permitted under law. If the Shortlisted Participant(s)/ is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Post /Entry will stand disqualified and such decision shall be final and binding..
(f) ASCPL shall in no manner whatsoever be responsible for security of Participant(s)’s/ Shortlisted Participant(s)’ and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.
1. The Participant(s) interested in participating in the Contest must be above the age of 18 years and residing in India during the Contest Period and at the date of the Gratification. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Contest.
2. Proof of age, if requested, of the Participant(s)/Shortlisted Participant(s)/Winner(s) and/or the family members of the Winner must be submitted to ASCPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).
3. The Participant hereby agrees that any dispute arising between the Participant and any of the Platforms shall be resolved directly between such parties without any reference or recourse to ASCPL.ASCPL reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Contest on the Website .
4. Non-conformance by the Participant(s)/ Shortlisted Participant(sto any and all the Terms and Conditions herein or as set by ASCPL from time to time will make such Participant’s/ Shortlisted Participant(s) Post null and void.
5. ASCPL reserves the right to disqualify any Participant(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. The decision of ASCPL in this regard shall be final and binding upon the Participant(s).
6. By participating it is deemed that the Participant(s) have read, understood, accepted and agree to abide with all the Terms and Conditions of the Contest.
7. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the Terms and Conditions the decision of ASCPL shall be final in this regard.
8. The Shortlisted Participant(s) agree that he/she shall not hold ASCPL and/or its employees, responsible for delays or any problem in connection to the Gratification.
9. The Shortlisted Participant(sagrees that if due to any reason, whatsoever, beyond the control of ASCPL the Gratification and/or anything in connection to the Gratification and/or the enjoyment of the Gratification becomes ineffective or invalid, ASCPL cannot be held responsible and/or liable for the same.
10. ASCPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Shortlisted Participant(s)/ in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Gratification.
11. ASCPL reserves the right to forfeit the Gratification in the event it is found by ASCPL that any information provided by the Participant(s) and/or the Shortlisted Participant(s)/ is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Shortlisted Participant(s)/Winner(s). In this contingency ASCPL shall have the right to declare another eligible Participant(s)/Shortlisted Participant(s) who qualifies as per the criteria stated above, as the Winner of the Contest and transfer the Gratification to that person.
12. The Shortlisted Participant(s)/Winner(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by ASCPL in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to ASCPL.
13. The Participant(s)/Shortlisted Participant(s) acknowledges that in case the performance of this Contest and/or availing the Gratification 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 5 days, then ASCPL shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/ Shortlisted Participant(s)/ forthwith and such decision shall be final and binding.
14. The Participant(s) and/or the Shortlisted 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 (directly or indirectly), to the Participant(s) and/or the Shortlisted Participant(sparticipation or non-participation in the Contest or any related activity. If the Participant(s) and/or the Shortlisted Participant(sis found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.
15. The Participant(s) and/or the Shortlisted Participant(s)/ shall hold harmless and indemnify ASCPL, 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 Participant(s) and/or the Winner(s) and or their family members/friend’s invited by the Winner(s) in any manner whatsoever in connection with the Contest and/or the Gratification and also to the extent possible 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. The Participant(s)/ Shortlisted Participant(s)/ shall 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)/ Shortlisted Participant(sand/or the Contest and/or Post, text in the Post and/or any third party rights claims with respect to the material submitted by the Participant(s)/ Shortlisted Participant(s)/Winner(s).
17. The Shortlisted Participant(s)/of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with ASCPL and participate in any activity and/or campaign (“ Promotional Activity”) of any nature whatsoever without any money payable to the Shortlisted Participant(s)/. Further, the Shortlisted Participant(s)/ shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Shortlisted Participant(s)/Winner(s) gives his/her consent to ASCPL and/or any other agency on behalf of ASCPL to make the footage of the participation in the Promotional Activity The Shortlisted Participant(s)/ in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Shortlisted Participant(s) shall vest with ASCPL, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and ASCPL may exploit the same in any manner and in any media whatsoever at any time throughout the world..
18. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/ Shortlisted Participant(sand ASCPL and its affiliated companies is not a confidential, fiduciary, or any other special relationship.
19. Participant(s)/ Shortlisted Participant(sacknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
20. The Participant(s)/ Shortlisted Participant(sagrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Contest, the Gratification and/or any other aspect related to the Contest.
21. Participant acknowledges that Participant’s representations, warranties, confidentiality, indemnities, grant of rights in the Post, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
22. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to 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, the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.
23. In case of any dispute or other matter arising in reference to the Contest , subject to the provision of Clause 22 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 relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Chennai, India.