Your Toy Story
TERMS AND CONDITIONS
The following are the terms and conditions governing the “ #YourToyStory” activity (“Activity”) hosted by Star India Private Limited (“Star India”) for promotion of the premiere of the film “Toy Story 4” to be aired at 12:00 PM & 9:00 PM on Sunday, June 14, 2020 on Star Movies SD and HD (“Channel”). The promotion of the Activity will take place across several platforms. The Activity shall be held on the Star Movies Instagram profile at the URL https://www.instagram.com/starmoviesindia/ (“Instagram Page ”) bearing the handle @starmoviesindia (“Instagram Handle ”), on the Star Movies Twitter page at the URL https://twitter.com/StarMoviesIndia (“Twitter Page”) bearing the handle @starmoviesindia (“ Twitter Handle”).
The Instagram Page and Twitter Page are collectively referred to as the “ Social Platforms”.
The Activity invites interested persons (“ Participant(s)/You”) to participate in the Activity by following the mechanism detailed herein and using the hashtag “#MyToyStory” (“Hashtags ”) and tagging the Instagram Handle/Twitter Handle (as the case maybe) and following all required mandates herein below for the Activity Period ( as defined below).
The Activity shall commence on June 14, 2020, from 12:00 pm IST onwards, and end at 17:00 pm IST on June 14, 2020 (“Activity Period/Period”).
I. PRINCIPLE RULES
1. To participate in the Activity, the Participant(s) shall follow the procedure as detailed below. Person(s) who do not comply with the following criteria should not submit an Entry.
i. Participant(s) must be citizen and resident of India and of 18 (eighteen) years of age or above at the start date of the Activity Period.
ii. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Activity.
iii. Employees of and/or consultants of and/or persons hired on contract by Star India and/or its affiliates and the members of their immediate family member(s) are ineligible from participating in the Activity.
iv. All Participant(s) must have a valid Twitter, and/or Instagram account to be eligible to participate in the Activity. For the sake of clarity, it is hereby agreed to and confirmed by the Participant(s) that the same does not include a Twitter, and/or Instagram account opened and operated by a family member and/or friend of the Participant(s).
v. The Participant should abide by all the applicable laws at all times.
2. Activity Mechanism
i. Star India invites all the interested Participants to review the post shared by Star India on its Social Platforms (“Activity Post”) during the Activity Period, which will ask its followers their favourite colour. The Participants may respond to the Activity Post by posting a reply with their favourite colour in the form of a “comment” to the Activity Post.
ii. Participant(s) are required to post their responses to the Activity Post in the manner specified above from their own Twitter and/or Instagram pages, tagging the Instagram Handle and Twitter Handle (as may be applicable) as displayed on the Social Platforms, and using the Hashtags (“ Entry/Entries”).
iii. For each valid Entry submitted by Participant(s) within the Activity Period, Star India shall post a personalized poster on the respective Social Platform(s) of a Toy Story 4 character corresponding to the favorite colour of the Participant(s) as mentioned in their Entries (“ Poster”) and tag the relevant Participant [only if the relevant settings permit tagging the Participant]. The Participant(s) agree and acknowledge that the Poster shared by Star India on its Social Platforms, solely at the discretion of Star India, is purely for purposes of engagement of Participant(s) in the Activity and is not a reward of any nature. Star India shall not be liable to any Participant for grant of any prize and/or gratification for participating in the Activity and all such claims made to Star India shall be void. Star India shall not be responsible to post/respond to/tag any Participant whose respective social media settings do not allow Star India to tag such participant and all claims made in this regard shall be null and void.
iv. Entries submitted without tagging the Instagram Handle or Twitter Handle (as the case may be), and/or without using the Hashtags, shall be considered null and void, and such Entries shall not be considered to be valid Entries. For sake of clarity, only the Entries shared publicly by the Participant(s) from their Twitter and/or Instagram pages shall be considered by Star India for the purposes of this Activity.
v. It is the sole responsibility of the Participant(s) to ensure that the Entries submitted do not infringe and/or violate the rights of any third party including rights in any intellectual property, privacy and/or personality rights and shall be original in form.
vi. The Participant(s) shall ensure that the Entry is decent and is not immoral, derogatory, abusive, offensive, insensitive, libelous or blasphemous to any person, occupation, gender, age group, religious sect or section of the society, defamatory of any person deceased or alive, etc. The Participant shall also ensure that the Entry will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, insulting, annoying, hurting religious sentiments, national sentiments, in violation of any applicable laws.
3. In an unlikely event if the provision of the Poster is postponed or delayed or cancelled for any reason whatsoever, then Star India will not be held responsible.
5. The Participant hereby acknowledges and agrees that Star India has the right to develop, exploit and/or utilize the Entry for the aforementioned purposes, as Star India may deem fit at their sole discretion. The Participant understands and agrees that he/she may be required to execute a separate written agreement(s) with Star India, if requested by Star India, in respect of the Entry submitted and its future development (if at all), by Star India, its licensors’ and its affiliates.
6. In consideration of being given an opportunity to participate in the Activity, the Participant hereby assigns all rights, title and interest in and to the Materials in favour of Star India for Star India’s exploitation on its Social Platforms. The Participant agrees and has no objection to Star India’s right to develop/adapt/modify/change the Entry, creatively as deemed fit by Star India.
The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. The Participant agrees and declares that the Participant has waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to his/her participation in the Activity and submission of the Entry.
“Intellectual Property” means and includes all photographs, images, representations, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.
“Materials” shall mean and include the Entry including any form of photographs, pictures, videos, stills, images, representations, literary works, artistic works made by the Participant(s) or compilation and any other Intellectual Property created/ generated by the Participants during the course of the Activity.
II. GENERAL RULES
2. Star India may at its sole discretion extend or curtail the Period of the Activity or may suspend or abandon the same at any time without any prior notice of the same.
3. Entries sent after the Period will not be considered for the Activity and shall be deemed null and void.
4. Participant(s) shall at all times ensure that the Entry adheres to the applicable laws in force in the territory of India.
5. Participant(s) must enter the Activity on his/her own behalf and Entry(ies) by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Entries from more than one Instagram/Twitter account, Star India reserves the right to disqualify such Participant(s) from the Activity.
6. Each Entry shall be checked by Star India inter alia, if the Entry follows the aforementioned rules. The decision of Star India shall be final and binding. The Participant(s) agrees and confirms that the Participant(s) shall at no time challenge such decision of Star India and/or raise any claims or disputes in relation to the same.
7. Star India shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Post”, “Submit”, or other functionally similar button (as applicable to Twitter, and Instagram). Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India. For the avoidance of doubt, by submitting the Entry, the Participant(s) is representing that the Entry or any part thereof is not confidential or comprise any sensitive personal information.
8. 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. For the purposes of these Terms and Conditions, “Sensitive Personal Information” shall bear the meaning ascribed to it under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and shall include information relating to password; financial information such as Bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information. For the purposes of these Terms and Conditions, the term “confidential information” shall mean any and all information which may be of a confidential nature to the Participant(s) and/or to a third party and the Participant(s) is not authorized by such third party to reveal such information. For the avoidance of doubt, all information provided by the Participants in the course of the Activity shall be submitted to Star India and not to Twitter or Instagram.
9. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which Star India is unable to share the Poster.
10. Star India reserve the right to disqualify any Participant(s) from participating in the Activity if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to reject any “Entry” or any part thereof at any stage of the Activity, including after sharing of the Poster, if Star India:
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
b. determines at its sole discretion that the Entry 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.
The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant shall not at any time challenge and/or dispute such decision of Star India.
11. In no event shall the Participant dispute the Poster shared by Star India or its employees in connection to the Entry and /or the Activity. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity and/or the process to qualify for the Activity, the decision of Star India shall be final and binding.
12. The Participant(s) agrees and confirms that the Participant(s) shall not be entitled to any gratification at any time.
14. The Participant(s) agrees that if due to any reason, whatsoever, beyond the control of Star India the Poster and/or anything in connection to the Poster and/or the enjoyment of the Poster becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same.
15. Star India 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) in any manner whatsoever or for any reason whatsoever in connection to the Activity and/or Poster.
16. Star India reserves the right to forfeit the Poster in the event it is found by Star India that any information including but not limited to Data provided by the Participant(s) is wrong, fraudulent or any misrepresentation is made by the Participant(s).
17. The Participant(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 Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.
18. Each Participant(s) consents to the use of information supplied by the Participant(s) for the purposes as set out in these Terms and Conditions. The Participant(s) agrees and confirms that such contact details shall be their own, and the Participant(s) shall at no time submit any contact details which belong to a third party.
19. The Participant(s) shall fully indemnify, defend and hold harmless, Star India its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms and conditions hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the material submitted forming part of the Entry and/or the Activity during the Activity Period and/or enjoyment of the Poster.
20. Each Participant acknowledges and agrees that:
b) The Data may be collected by Star India pursuant to the Terms and Conditions, in connection with the Activity and it may be necessary for Star India to collect the Data for the Activity and the uses set out below in (c) below.
c) The Data will be used in respect of the Activity on any platforms including channel(s) owned by Star India.
d) The Data may be shared by Star India with any designated third parties, as deemed fit, in connection with the Activity.
e) The Participant has the rights to: (i) review his/her Data for deficiencies and inaccuracies, and request Star India to correct or amend the Personal Information, to the extent deemed feasible by Star India; and (ii) withdraw the consent provided under these Terms and Conditions. Provided that Star India shall not be liable for any collection, receipt, storage, use, transfer or disclosure of Data prior to such withdrawal of consent or request for correction or amendment of Data. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Participant’s Data, Star India shall be entitled to disqualify the Participant’s entry and/or participation in the Activity, as deemed fit and necessary by Star India at its sole discretion.
f) All the Data submitted by the Participant is true, correct and complete in all respects and in no event will Star India and/or its affiliates be liable for either of the authenticity of the Data or any inaccuracies or deficiencies in the Data. Star India has provided the Participant with the option to opt out of providing the Data, and the Participant has not exercised such option.
21. The Participant will be solely responsible for complying with the terms stipulated by Social Platforms to submit Entry on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.
22. Star India shall not be responsible and/or liable, in any manner whatsoever, in the event any third party(ies) uses/exploits the Entry and/or Data submitted/available on any of the Social Platform(s) and the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India.
23. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by the Participant. Notwithstanding Star India shall, at all times, without any restriction(s) and/or prior approval(s) have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further, the Participant in consideration of participating in the Activity, hereby grants a royalty free, non-exclusive, irrevocable, perpetual, freely sub licensable license to Star India for use of the Entry in the entire world in any media deemed fit.
24. The Participant agrees that the Entry and participation in the Activity shall be at the Participant’s sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Activity. Star India makes no warranties or representations about the accuracy or completeness of the content on the social media platforms or the content of any websites linked to the social media platforms and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social media platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from the Participants’ access to and use of the social media platforms, (iii) any unauthorized access to or use of secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the social media platforms (v) any bugs, viruses, trojan horses, or the like which may be transmitted to by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available including loss of Entry, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
25. The Participant(s) acknowledges that in case the performance of this Activity 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 fifteen (15) days, then Star India shall be at liberty and upon their sole discretion to terminate any such participation of a Participant forthwith and such decision shall be final and binding on the Participant(s).
26. By participating in the Activity, it shall be construed that the Participant(s) has waived his/her right to raise any dispute with regard to the Activity and/or the Poster and/or any decision of Star India, in any manner whatsoever.
27. Participant(s) participating in the Activity hereby acknowledges and agrees that the relationship between Star India and its affiliated companies and them is not a confidential, fiduciary, or other special relationship.
28. The Participant(s) agrees and confirms that in the event that the Participant(s) does initiate a claim, proceeding, suit, action, against Star India, in connection with the Activity and/or Poster, and/or any technical defect in the receipt of the Entry, the sole and entire compensation to be awarded to the Participant(s) in the event that such suit, proceeding, claim, action, is decided against Star India, shall be limited to the shall be limited to INR 500/- (Rupees Five Hundred only).
29. The Participant undertakes that the Participant shall adhere to the policies of Star India as informed to the Participant from time to time. The Participant shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. The Participant’s attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.
30. The Participant hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to the Participant from an employee or representative at Star India in connection with this Activity; and agree to make no public press announcements or information for publication without the explicit approval of Star India.
31. The Participant shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional activity or otherwise which may bring Star India into public disrepute.
32. Participant(s) 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 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.
33. Participant(s) acknowledges that Participant’s representations, warranties, indemnities, grant of rights in the Materials, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
34. These Terms and Conditions shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Activity shall be referred to a sole arbitrator appointed by Star India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Participant(s).
35. Subject to the provision of Clause 35 above of the General Rules, 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, shall exclusively be the courts at Mumbai, India.
36. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the Participant and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the Participant and Star India, in this connection.
37. The Participant hereby acknowledges that the Participant’s participation in the Activity is voluntary and out of his/her free will and consent, without any monetary compensation whatsoever.
38. The Participant hereby acknowledges that the Participant has fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.
39. In case of any queries in relation to this Activity, you can write to email@example.com. Star India shall endeavour to reply to the same within a reasonable time.