Legal Terms & Policies

Website Terms Of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This electronic record is generated by a computer system and does not require any physical or digital signatures. This is a legal agreement between you, the user (‘You’) of the Services, as defined below, and Star India Private Limited stating the terms that govern Your use of the Site, as defined below. If You do not agree to these Terms and Conditions, you are not entitled to use the Services and any use thereafter shall be unauthorized.

Description of Service and Acceptance of Terms of Use

[Star India Private Limited] is a company incorporated under Companies Act, 1956, having its registered office at Star House, Urmi Estate, 95 Ganpatrao Kadam Marg, Lower Parel (W), Mumbai 400013.

Star provides an online website www.startv.com (“Site”) as an interactive platform for its viewers to interalia view schedules of the programs, serials and programs, trailers of upcoming serials, view videos and/or photos of their favorite characters on serials, read recaps of serials, etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by Star in connection with its business, provided on the Site (“Content”) and post comments, participate in contests (collectively with Content, referred to as “Services”)

Use of the Services is subject to compliance with these Terms of Use ("Terms of Use" or "Terms" or “Terms and Conditions”).

By visiting the Site or using any of the Services You are agreeing to these Terms and Conditions. Unless otherwise specified, the Service is available for individuals aged 18 years or older. If You are under the age of 18, You should review these Terms and Conditions with Your parent or legal guardian to make sure that You and Your parent or legal guardian understands and agrees to it on Your behalf and further if required, You shall perform or undertake such activities which will entitle You to enter into a legally binding agreement with STAR. Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws. Star may at any time revise these Terms and Conditions and Privacy Policy by updating this posting which will be communicated to You. You shall be bound by any such revisions.

Participation in any contest and or game on the Site conducted by Star shall be subject to such further terms and conditions as may be notified by Star from time to time on the Site or otherwise.

Electronic Communications

When You use/avail the Services or send any data, information or communication to Star, You agree and understand that You are communicating with Star through electronic records and You consent to receive communications via electronic records from Star periodically and as and when required.

Star will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Star which will be deemed adequate service of notice / electronic record.

The Content which is viewed on the Site is copyrighted material of Star and/or Star’s licensors, and shall not be used except as provided in these Terms and Conditions, without the written permission of Star.

Access and Use of the Services

Star grants You a non-exclusive limited license to use the Services on the Site for personal, non-commercial purposes as set forth in these Terms and Conditions.

By agreeing to use/avail the Services:

1. You confirm and warrant that all the data and information supplied by You when You register or otherwise post comments/observations on the Site and provided by You to Star and or any Star’s affiliates, distributors (“Registration Data”) is true, current, complete and accurate in all respects.

2. You agree to promptly update Your “Registration Data”, so that Your information remains true, current, complete, and accurate at all times.

3. You acknowledge and agree that Your registration information and any other personal data collected by Star is subject to Star’s Privacy Policy. For more information, view the full Privacy Policy. Star may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where the Services is used.

4. You acknowledge, consent and agree that Star may access, preserve, and disclose Your account information subject to the Privacy Policy, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of Star, its users and the public.

5. You agree that Star has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason. Star may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. Star will restore access to the Services as soon as reasonably practicable after temporary suspension.

6. You agree that Star shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Star.

7. You agree that Star shall not be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the Site or due to use of any of the Services, including any injury or damage to the User(s)’ or to any person(s)’ computer related to or resulting from participation or downloading materials in connection with the Services.

8. You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Further, You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any derivative work and/or material based on the Content.

9. You agree that Star owns and retains all rights to the Services. You further agree that the Content You access and view as part of the Services is owned or controlled by Star and or its licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.

10. You are responsible for the security and proper use of Your unique user ID and password that you enter while registering on the Site and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people.

11. You agree that your use of the Services and the Content may give you the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Term and Condition. You agree that You will not misuse the Content you access and view as part of the Service, including without limitation, download the Content by illegal/non-permitted means, or infringe any of the Star’s copyright, trademark and other intellectual property including any rights of Star or its licensors subsisting in the Content. You further agree that you will not copy/record any of the Content You access and view as part of the Service, for any purpose, and/or copy/record any Content including video, images etc, by using any means including software, spyware, etc, for any purpose whatsoever.

12. You further agree that you with not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User material (defined below) or articles, of the Site on any other website, webpage or software which is not owned by Star.

13. In case the Site allows You to download or stream any of the Contents therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of Star or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.

14. You agree that the trademarks, logos and service marks shown on this site are registered trademarks of their respective owners. Nothing in Your use of the Site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark made available on the site.

15. You agree that You shall assume the entire risk with respect to the user, results of such use, in terms of accuracy, reliability, performance, completeness, comprehensiveness, currentness, functionality, performance, continuity, timeliness of the information, data or any content available on the Site.

16. You waive your right to any claim based on the detrimental effects or results of any reliance placed by the user on any information or data available on the Site.

17. The development of the Site with respect to the nature of the information or data available on the Site is a continuous and on going process. STAR disclaims any and all liability and/or responsibility for loss of any information or data, or any consequence, intended or unintended, due to the operation of the Site. STAR does not assume or purport to assume any responsibility or liability to You for any failure or inability to access or use the Site for any purpose. Published information, statistics or data available on the Site may not be current or upto date for any purpose.

18. Star shall not be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the Site or due to use of any of the Services, including any injury or damage to the User(s)’ or to any person(s)’ computer related to or resulting from participation or downloading materials in connection with the Services.

19. If You are the parent or the legal guardian of a minor child, and have allowed him to use the Services, You agree that You shall be solely responsible for :

i. The online conduct of the minor child

ii. Monitoring of such Minor’s access to the Site and Use of the Service

iii. The consequences of any use of the Services by the minor child.

Termination of Service

Star reserves the right to immediately terminate or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if Star determines in its sole discretion that You have breached these Terms and Conditions, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.

User Reviews, Comments and Other Material

You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments (collectively, "User Material").

You agree that Star shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Star may determine, in its sole discretion, is inappropriate or for any other business reason. You must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libellous, 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;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) 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. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.

You acknowledge that Star does not guarantee any confidentiality with respect to any User Material.

By Posting the User Material, You hereby grant Star a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license You grant to Star is non-exclusive, royalty-free, and sub licensable.

In no event does Star assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Star with respect to such User Material.

If you have any complaints relating to any User Material uploaded on the site, then please contact:hello@startv.com

Your email, which must bear your digital signature or a signed written complaint should include the following information:

i. Details of the objectionable Post;

ii. Details of the basis of the objection;

iii. Other relevant information required by Star to assess the complaint.

Star shall take all reasonable measures, including taking down the objectionable Post expeditiously. You agree and acknowledge that Star’s responsibility in relation to objectionable Posts is limited to removing them post receipt of Your objections in accordance with this Terms of Use and Star shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.

Linked Destinations and Advertising

Part of this Site contains advertising and other material submitted to us by third parties. Although acceptance of advertisements on the Site on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the usage of these products or services advertised on our Site.

This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of Star or its management. All liability is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this Site. While using this website for information purposes or otherwise, users acknowledge and accept the above disclaimer.

If Star provides links or pointers to other websites or destinations, You should not infer or assume that Star operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Services, Star will not warn You that You have left the Services and are subject to the Terms and Conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions to govern your use of another website or destination.

Star is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Star. By using the Services, You acknowledge and agree that Star is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.

Star takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Star is not liable for any loss or claim that You may have against an advertiser.

Support

If You have any questions, complaints or claims with respect to the Site, then such correspondence should be directed to the address as given below.

[STAR India Private Limited]

The contact information – hello@startv.com

Disclaimer of Warranties

You agree that use of the Services is at Your own risk. The Services including the Site, the Content, the Video Player, user material and any other materials contained on or provided through the Properties are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied.

Without limiting the foregoing, Star does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

Limitation of Liability

IN NO CASE SHALL STAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, STAR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold harmless Star, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) Your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of Terms and Conditions and Your use of the Service.

Governing Law

The relationship between You and Star shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that Star has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.

Severability

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

Changes

Star reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be posted on the Website and will be effective immediately after such posting and thereafter incorporated into this Terms and Conditions. Your continued use of the Services will be deemed to constitute your acceptance of any and all such Additional Terms.

Entire Agreement

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Star governing Your use of the Services, superseding any prior agreements between You and STAR regarding such use.

Contest - Terms & conditions

Dance +5 Voting Rules | “#WhereHeartMeetsMind” contest | “Thambikku Entha Ooru” contest | "Play2020" Contest | “Made in China- Promotions” Activity | Yeh Rishta Kya Kehlata Hai -#1000EpisodesofKaira Contest | Master Chef India Contest | Kalakka Povadhu Yaaru Season 9 | "StarMoviesPlayAt7" Contest | Wife Chethilo Life | “Dabangg 3” Movie Contest | “The ‘Good’ in ‘Goodbye’” | 'Masterchef Rooftop Dinners' Activity | Mardaani 2 Contest | Agnihotra 2 Contest | "Masterchef Experiences" Activity | Super Singer Junior Season 7 | Me Honaar Superstar | ‘WineOClock’ Contest | Deadpool | ‘Children’s Day with Star Movies’ Activity | 'Live Life Like Yogi' Contest | 'Super Singer' Contest | Super Singer Season 7 - Grand Finale | 'MasterChef Australia' contest | 'Superhero Origin' Contest | ‘The Boss Day’ Contest | MASTERCHEF INDIA SEASON 6 | HOUSEFULL 4 Movie Contest | 'Lilly on Star World' contest | “NAMMANE GOMBE" Contest | LOOTCASE Movie Contest | War Movie Contest | Mystery Suppers | Bigg Boss- Telugu -Season -3 | Dance Plus - Season 5 | Koffee Time Machine contest | Missed Call-e Bazimat Contest | BIGG BOSS - Telugu – Season-3 | Super Singer Junior Popular Choice| ‘Cricket Dhvani (voice of cricket)’ Contest | MISSION MANGAL Movie Contest | Dance Dance Junior - Season 1 | ‘How I Met My Bro’ Contest | Nach Baliye 9 | ‘#SkillingIt’ Contest | Bigg Boss- Telugu -Season -3 | “#LoveKBD” activity | ‘#Hakunamatatahacks’ Contest | 'Hamesha Sunega' Poll activity | ‘#WarriorOnSW’ Contest | Key rules & regulations governing participation in star quiz challenge 2019 | BIGG BOSS - Tamil – Season-3 | ‘#IncredibleFamilyOnStarMovies' Contest | Star Quiz Challenge 2019 Contest | ‘Celebrating Father’s Day' Activity | 'GOT Helpline' Activity | “WHO AM I?” contest | ‘X-men Mutant Month’ Contest | “#StarMoviesSpecialScreening” Event | DE DE PYAAR DE DE DE PYAAR DE Contest | ‘#CrimeTime’ (“Contest”) | “GOT Helpline” (‘Activity) | 'Student of the year 2' Movie Contest | "Select Dugout Pass” contest | Black Panther Contest | "Star Movies Avengers Pop up contest" | “#StarMoviesFirstDayScreening” event | Jeevlaga Contest | 'Sufiyana Pyaar Mera' Contest | Kulfi Missed Call Poll Activity | 'GOT Prophecies' Contest | Super Singer Junior – Season 1 | KALANK Movie Contest | Bayasade Bali Bande Contest | Family Cook Off Auditions | Bayasade Bali Bande Hosa Varsha Sambrama Contest | Asianet wonder kid UAE audition | “Jalsha Dekhun Shona Jitun Contest” | "The Voice" Missed Call Voting | Radha Krishn Holi Song Download | "What’s Your Superpower?" Contest | Star Asianet Wonder Kid Audition | ‘#FanBannaPadega’ Contest | Dove fresh face hunt contest | Game of thrones ‘#The Greatest Fan’ Contest | "Happy Weekend” Contest | Koffee Awards | “#StarMoviesSecretScreening” event | “GoT Quiz Night” activity | ‘#HappyOscarsToYou’ contest | “Autographed Koffee Mug” Kareena & Priyanka contest | ‘#SelectDugout’ Contest | Ek Tappa Out - on ground auditions | 'StarMoviesSecretScreening' Event | Autographed Koffee Mug Contest | “Pyaar Ke Papad” contest | “Total Dhamaal" Movie Contest | Star All Access & Asainet All Access Contest | "Autographed Koffee Mug" Contest Kartik & Kriti | "Autographed Koffee Mug" Contest Sidharth & Aditya | Bandhobi Program | Banglar Jalsha Event | Nan Hendthi MBBS campaign | “#StarMoviesSecretScreening” event | Autographed Mug Contest Rajkummar & Bhumi | WanderlustStories | “Autographed Koffee Mug” contest | Koffee With Karan – Ishaan And Shahid | "Class of 2019” contest | Autographed Koffee Mug contest | “#BeWhoeverYouWant” contest | #StarMoviesSecretScreening | "Autographed Koffee Mug" contest for Rhea,Sonam & Harsh | Autographed Koffee Mug Contest | the Voice Digital Audition | Zero Contest | “Watch and Win” Contest | “Autographed Koffee Mug” contest | "Autographed Koffee Mug" Badshah contest | Ami Shirajer Begum SMS Contest | Mounaraaga Campaign | "Autographed Koffee Mug" Ajay & Kajol Devgn Contest | “#SelectLegend” contest | Dance+4 Wild Card Performance | "Autographed Koffee Mug” contest | THE VOICE | #PapaKiPari | Pinky Memsaab - A Dubai Story Contest | “Autographed Koffee Mug” Contest | “#StarMoviesSecretScreening” Event | "Autographed Koffee Mug” contest | Swamini Mastani Paithani Contest | Thugs Of Hindostan Contest | “#SanjuWithDad” Activity | “#KoffeeWithKaran” contest | “Autographed Koffee Mug” Contest | #SayItLikeSanju | "Suii Dhaaga" Contest | Neeva Maharani Campaign | Star Parivaar Awards 2018 | #VenomOnCricketLive Contest | Putani Pantru - Season 3 | "#10YearsOfGourmet” contest | #StarMoviesSecretScreening | #StreeOnStarGold | Radha Krishn | Dil hai Hindustani - Season 2 | Dance Plus Season 4 | MasterChef Australia Contest | #SelectShortStories Event | Mutual Nondisclosure Agreement | Dance Plus – Season 4 India Auditions | Bigg Boss Housemate Hunt Contest | Dance Plus – Season 4 | #BookAdaptations Contest | Debi Choudhurani SMS Contest | #KeepItShort Contest | #MicUpfor TNPL’ Contest | "Suvarna Tamboola" Contest | Chhatriwali Sonyacha Paus Contest | Kannadada Kotyadhipati Season 3 Terms & Conditions in Kannada | Kannadada Kotyadhipati Public Caution Notice | “Deadpool Quiz” contest | "Kannadada Kotyadhipati” SEASON 3 | Dil Hai Hindustani-Season 2 | Dil Hai Hindustani-Season 2 Auditions India| Dil Hai Hindustani-Season 2 Auditions Russia | Crack the Code Campaign

Dance +5 Voting Rules

MISSED CALL VOTING RULES

These Voting Rules are applicable to Viewers who choose to vote for Final Contestants via the Missed Call Voting Mechanism. Please scroll below to refer to separate Voting Rules applicable to Platform Voting on Hotstar.

These rules for missed call voting (“Voting Rules”) uploaded on https://www.startv.com/legal-terms-policies/#d5v (“Website”) shall be binding on each Viewer (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily wishes to vote for the Final Contestants (defined below) in respect of the program titled “DANCE+5” (“Program”) broadcast by Star India Private Limited (“STAR INDIA/Company”) on the channel STAR Plus (SD and HD) (“Channel”).

You hereby agree and understand that STAR INDIA will have access to and collect information and data shared by You including your Personal Information (defined below) submitted by You during the course of voting. By voting, You consent to the collection, receipt, storage, processing, disclosure, transfer, use, retention and sharing of the Personal Information by STAR INDIA, its affiliates, and designated third parties in accordance with the terms of STAR INDIA’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”). By voting in accordance with the Missed Call Voting Mechanism as detailed in Clause 5 below, You have read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions including these Voting Rules and to the Privacy Policy. If you do not agree to be bound by or cannot comply with any of these Voting Rules and the Privacy Policy, please do not proceed to vote. The decision of STAR INDIA for all matters relating to your voting shall be final and binding in all respects. The Missed Call Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein below.

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

All Capitalized terms herein shall have the meaning ascribed to them in the Terms and Conditions applicable to the Program, available at https://www.startv.com/legal-terms-policies/#d5 .

I. PRINCIPAL RULES

The following are the Principal Rules for the Missed Call Voting Mechanism (defined below) for the Program on the Channel conducted by STAR INDIA:

 

1. The Program is a dance based reality program wherein contestants between the ages of 5 (five) years and 55 (fifty-five) years (“Contestants”), who are citizens and residents of the Territory individually or as part of a Group comprising 2 (two) or more individuals compete against each other by voluntarily participating in and /or being part of various selection processes, auditions or levels of selection as per the format of the Program.

2. On the basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality and such other criteria as determined by the Company in its sole discretion. Remo Dsouza who is the Super judge (“Super Judge”) on the Program, shall award scores to each Contestant per week. The scores awarded by Remo Dsouza were considered for the selection and shortlisting of the final top 10 (ten) Contestants or as decided by the Company (“Final Contestants”). These Final Contestants, shall thereinafter perform and compete against each other in the further upcoming televised episodes /rounds of the Program (“Final Rounds”).

3. It is clarified that the Final Rounds of the Program shall tentatively commence from January 13, 2020 onwards and will continue till February 16, 2020, or such other dates, as may be decided by the Company from time to time, in its sole discretion. (“Voting Period”)The Voting for the Final Rounds shall be conducted via: (i) votes cast by Viewers via missed call, in the manner described under these Voting Rules (“Missed Call Voting Mechanism”); and (ii) votes cast via the mechanism available on the www.hotstar.com (“Platform Voting Mechanism”). The terms and conditions applicable to Platform Voting are available on https://www.startv.com/legal-terms-policies/#d5v. The Missed Call Voting Mechanism and the Platform Voting Mechanism are collectively referred to as “Voting Mechanism”.

 

4. The Missed Call Voting Mechanism (as detailed in clause 5) will commence and close for the episodes of the Final Rounds of the Program, as detailed hereinbelow, in the Territory (“Period”). During the Voting Period, Viewers or Voters can vote for their favorite Final Contestant(s), if they like the performance of any particular Final Contestant and/or all Contestants.

5. The Missed Call Mechanism is as provided below (“Missed Call Voting Mechanism”):

 

Week

No. of Final Rounds

Airing day and date of the Episode

No of Performance(s)

 

 

 

Shortlisting Episode or not

Remaining Contestants competing for a spot in the Pre-Finale

Number of contestants shortlisted for Pre- Finale

Start Time of Missed Call Voting

End Time of Missed Call Voting

Week 11

LEGEND WEEK 1

Episodes 21 & 22

Saturday (18.01.2020)


Sunday (19.01.2020)

Saturday: Top 10 Final Contestants perform individually.

Sunday: Dance Battles between Final Contestants

No

10

NA

8:00 PM on Saturday (18.01.2019)

9:00 AM Monday (20.01.2019)

Week 12

LEGEND WEEK 2

Episodes 23 & 24

Saturday (25.01.2020)

Sunday (26.01.2020)

Saturday: Top 10 Final Contestants perform individually.

Sunday: Dance Battles between Final Contestants

No

10

NA

8:00 PM on Saturday (25.01.2020)

9:00 AM Monday (27.01.2020)

Week 13

LEGEND WEEK 3

Episodes 25 & 26

Saturday (01.02.2020)


Sunday (02.02.2020)

Saturday: Top 10 Final Contestants perform individually.

Sunday: Dance Battles between Final Contestants

No

10

NA

8:00 PM on Saturday (01.02.2020)

9:00 AM Monday (03.02.2020)

Week 14

Episodes 27 & 28

Saturday (08.02.2020)


Sunday (09.02.2020)

Saturday: All Final Contestants perform individually.

Sunday Dance Battles between Final Contestants

Yes

8

2

(Note: The voting lines for Final Contestants selected to be in Top 4 shall close)

8:00 PM on Saturday (08.02.2020)

9:00 AM Monday (10.02.2020)

Week 15

Episodes 29 & 30

Saturday (15.02.2020)

Sunday (16.02.2020)

Saturday: Individual performances of Top 4 Contestants

Sunday: Dance Battles between Final Contestants

Yes

0

2 (+ 2 from Week 14) ( “Top 4” or as decided by the Company)

8: 00 PM on Sunday (16.02.2020)

Note: No voting on Saturday

TBA

Week 16

Episode 31

TBA

All Contestants will perform.

Yes

NA

1 Winner of the Program, selected from Top 4

No Voting

No Voting

Note: TBA- “To Be Announced”

6. To vote during the Voting Period, the Viewers, shall through their landlines/mobile numbers dial the unique number of the Final Contestants (s) for who they want to cast their vote and give them a missed call (“Missed Call Vote”). The unique number for each of the Final Contestant (s) shall be as follows:

Sr.No.

NAME

VOTING NUMBER

1.

Sanchita-Subrata

1800-120-888801

2.

Tron Brothers

1800-120-888802

3.

The Ace

1800-120-888803

4.

Monark

1800-120-888804

5.

Candybots

1800-120-888805

6.

Janam

1800-120-888806

7.

Rupesh Bane

1800-120-888807

8.

Deepika Rupesh

1800-120-888808

9.

Nritya Kala Kendra

1800-120-888809

10.

Bhim

1800-120-888810

(i) The Missed Call Vote(s) of the Viewers shall be deemed to be received when subsequent to the Viewer giving a missed call, when he/she will hear recorded message acknowledging the Missed Call Vote(s). Once the Viewer has called a specific toll-free number associated with one Final Contestant 10 (ten) times (as detailed in Para (iii) below), a recorded message will inform them that the voting limit has been reached, post which the Viewer shall not be able to cast any more Missed Call Vote(s) for that Final Contestant.

(ii) It is clarified that during the Voting Period, each Viewer can cast a maximum of 10 Missed Call Vote(s) per particular Final Contestant from a single phone number which may be a landline number or a mobile number. However:

 

a. Viewer(s) shall be free to vote for multiple Final Contestants by way of a maximum of 10 Missed Call Votes per Final Contestant, during the Period, through a single landline /mobile number.

b. Viewers may be permitted to cast votes for any or all of the Final Contestants, through the Platform Voting mechanism, subject to the Platform Voting Terms and Conditions.

(iii) In the event that any Viewer casts his /her multiple Missed Call Vote(s) (exceeding 10 Missed Call Vote(s) per Final Contestant) for the same Final Contestant through the same landline /mobile number, then only the first ten Missed Call Vote(s) cast through such missed call for that particular Final Contestant shall be taken into account and not the subsequent ones.

(iv) Missed Call Vote(s) sent after the Voting Period will not be considered and shall be deemed null and void without requirement of any further intimation by STAR INDIA to the Viewer(s). The voting for those Final Contestants who have secured their positions in the Top 4 shall be closed after their selection and the Viewers shall not cast any more votes for them.

 

(v) The Super Judge of the Program shall be free and entitled to award scores to the Final Contestant(s) in each episode of the Final Rounds of the Program. Scores for each Final Contestant for each Final Round shall be calculated, at the discretion of STAR INDIA, as follows: (i) 50% of the score for each Final Contestant shall be attributed to votes received through the Voting Mechanisms; plus (ii) 50% of the score shall be attributed to the votes/ scores provided by the Super Judge (weighted average method), in respect of each Final Contestant.

 

(vi) Except for the Shortlisting Episodes, the highest scoring Final Contestants may or may not be announced in the episode following the Voting Period for each Final Round or such date as may be decided by Star India in its discretion. Notwithstanding anything contained herein, during any or all of the Final Rounds, in the discretion of STAR INDIA, the Super Judge may be granted the right to have an overriding vote in respect of any or all of the Final Contestants, which shall override the public votes. This right may be exercised without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules from time to time. “Shortlisting Episodes” shall mean such episodes in which the Top 4 are selected, as set out in the table at Paragraph 5 below.

 

(vii) In each episode subsequent to each of the Shortlisting Episodes, the top-rated Final Contestants (basis the scoring mechanism set out at Paragraph 6 (v) above) shall be selected as Top 4 for competing in subsequent Final Rounds of the Program, till the Winner of the Program is announced in the Final Episode.

(viii) In addition to the Votes garnered from the Viewer(s) for their favorite Contestant(s) by the Voting Mechanism, STAR INDIA may allow parallel voting facility for the Contestant(s) to the members of the public via any voting platform(s) during a period as deemed fit by STAR INDIA at its sole discretion.

 

7. However, for avoidance of doubt it is clarified that the Judges and /or any celebrities appearing on the Program shall be free and entitled to judge the performance of the Final Contestant(s) in each episode of the Final Rounds of the Program, express their views and /or comments on the performances of the Final Contestant(s) or award them in any manner deemed fit by them and STAR INDIA at their discretion, without any objection from any person and the Viewer(s) shall not in any manner be entitled to dispute or challenge the same.

8. The award (if any) given by the Judges and /or any celebrities appearing on the Program are at their discretion and shall be final and binding on the Final Contestants.

 

9. In the event of a tie between any of the Final Contestants during the Final Rounds the Super Judge shall have a casting vote.

 

 

10. STAR INDIA and/or the Channel reserve the right to modify the format of the Program, Final Rounds and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time. It is further clarified that in case of final scores (i.e., Votes received as per the Voting Mechanism) being tied for two (2) or more Final Contestant(s), the decision of Super Judge shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in any manner whatsoever.

11. The Voting Mechanism will be announced during the telecast of the Program on the Channel and/or on the Website.

12. The Viewers can cast their Missed Call Vote(s) for only those Final Contestant (s) of the Program who have competed in that episode of Final Round of the Program. Any Missed Call Vote(s) sent by the Viewers for the Final Contestant(s) who have not competed in that particular episode due to ineligibility for Missed Call Vote(s) through the Missed Call Voting Mechanism or is shortlisted as a finalist based on the last week’s Missed Call Votes or for any other reason whatsoever shall not be considered and shall be null and void.

13. Voting is merely to enable the Viewers to choose their favorite Final Contestant (s) or to provide Missed Call Vote (s) for the performance of a particular Final Contestant (s) that they have liked or appreciated. No winners will be declared and/or prizes distributed for the Viewers. Viewers are not entitled to make any claims in respect of this against the Channel, STAR INDIA and /or the Program.

14. The selection of the Final Contestant (s) and/or selection of the Top 4 finalists and/or declaration of the Winner and/or the decisions made by STAR INDIA and/or the Channel shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, Channel and/or its employees in connection to the same.

15. In the event any of the Final Contestant(s) and/or the Judges and/or any celebrities, host(s) or performer(s), as the case may be, are unable to perform, attend or appear on the Program, for any reasons whatsoever, STAR INDIA has the right to at its discretion anytime replace or bring in new Final Contestant(s), celebrities, mentors, hosts or performers, as deemed fit and necessary by STAR INDIA.

16. The selection of the Final Contestants by the Judges and /or any celebrities appearing on the Program and /or STAR INDIA, exercise of veto power by the Judges and /or any celebrities appearing on the Program, declaration of Missed Call Vote (s), and/or any decisions made by STAR INDIA and/or the Judges and /or any celebrities appearing on the Program, selection and declaration of the Winner shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, the Judges /or any celebrities appearing on the Program, Channel and/or its employees in connection to the same.

 

18. 17. STAR INDIA and/or the judges shall be entitled to, at its discretion, any time in the Program, to re-introduce the eliminated contestants and/or re-introduce fresh individuals/contestants during any stage of the Program. The Votes cast for the Final Contestants through the Voting Mechanism to the Final Contestants and the judging of the Final Contestants based on the same are binding on the Viewers and in no event shall the Viewers dispute the same.

19. In the event any of the Final Contestants who have qualified for the Final Rounds are unable to perform and /or appear in any of the Final Rounds, for any reason whatsoever, then STAR INDIA reserves the right to replace such Final Contestant with a subsequent Final Contestant, who was eliminated previously in the Final Rounds or any other contestant who was shortlisted and /or eliminated previously in the Program and such decision of STAR INDIA and/or Channel shall be final and binding on all including the Viewer(s) and Viewer(s) undertake to not dispute the same.

 

20. During each Final Round, the Super Judge shall, basis the scores he has awarded to Final Contestants, nominate such number of top-scoring Final Contestants (tentatively 4 (four) Final Contestants) to compete against each other in a dance battle (“Dance Battle”). The nominations of Final Contestant(s) who shall compete in the Dance Battle(s) shall be the top scorers for the week. If the top scorers in descending order are greater than 4 (four), the decision of the Super Judge shall be entitled to a casting vote, for all matters relating to the nomination for Dance Battle shall be final and binding on the on all Contestants and the Judges. The decision of Super Judge for all other matters shall be binding on all Contestants and Judges.

 

II. General Rules

1. The viewers interested in voting must be above the age of 18 (eighteen) years and a citizen and resident of the Territory (“ Viewers/ Voters”). The Viewers should not have any criminal conviction or an arrangement or a contract that prevents the Viewers from voting.

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

3. STAR INDIA reserves all rights to make amendments to the existing Voting Rules or withdraw, change, alter, amend the Voting Mechanism, process of selection of Top 4 (four) Final Contestants, Winner, Voting Rules, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules and Privacy Policy, from time to time.

4. STAR INDIA reserves the right to cancel and/or reschedule the Program and /or the Final Rounds and/or extend or alter the Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in any manner whatsoever by the Viewer(s).

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

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

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

8. 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, technical disruption, connection failure, electricity failure, any other reason whatsoever and/or the cost of the missed call or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving STAR INDIA.

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

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

11. By casting their Missed Call Vote(s), each Viewer(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Winner of the Program, Missed Call Vote(s), shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Voting Mechanism (if any), notwithstanding the foregoing, under no circumstances will STAR INDIA and/or STAR INDIA affiliates be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

12. STAR INDIA is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to voting/Voting Mechanism. Each Viewer in consideration of being given opportunity to Missed Call Vote(s), agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, the Judges and /or any celebrities appearing on the Program, STAR INDIA, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewer, in any manner whatsoever in connection with the Voting Mechanism, Missed Call Vote(s) and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

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

14. Viewer(s) shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.

15. Viewer(s) agrees to not attempt to gain unauthorized access to servers or networks connected to STAR INDIA’s services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of STAR INDIA’s services.

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

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

18. Standard calling rates may or may not be applicable for Viewer(s) to participate in the voting process through missed call. It will be Viewer’s responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of casting vote while roaming in different circle/zone, additional roaming rates may be applicable. STAR INDIA shall not be responsible for any such charges incurred by the Viewer.

19. STAR INDIA will not permit or entertain any requests or claims to check / audit / challenge the logic of the current voting rules.

20. Other third party websites may provide information related to the Voting Mechanism, timelines or any other information which may be relevant to the Program, however, the content on such websites is not subject to the control of STAR INDIA, their owners may be independent from us and STAR INDIA does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewer(s) basis such information.

21. While all attempts will be made to protect the Missed Call data received from loss and/or corruption, Viewer(s) agree and acknowledge that all system are prone to failure and hacking attempts. In the event of any data loss, STAR INDIA shall make reasonable endeavors and may disqualify all the votes received or conduct a re-contest or continue with whatever data available in the manner it deems is fit. STAR INDIA shall not be responsible for any damage resulting from the loss of data or action taken by STAR INDIA on account of the same. STAR INDIA will not be responsible to make good any loss or dissatisfaction suffered by the Viewer on account of such loss.

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

23. It shall be the sole responsibility of the Viewer(s) to familiarize themselves with the Terms & Conditions, including amendments thereof from time to time. STAR INDIA reserves the right at its sole discretion to (i) cancel and/or postpone the Program without any prior intimation to the Viewer(s); (ii) make amendments to the existing Terms & Conditions and/or Program and/or Voting Period and/or withdraw, change, alter, amend the Terms & Conditions, without any notification(s) to the Viewer(s); (iii) extend or curtail the Program and/or Voting Period and /or or suspend or abandon the same at any time, without any notification(s) to the Viewer(s), the Viewer(s) and shall have no objection to the same whatsoever, nor shall the Viewer(s) make any claims /disputes in respect of the same. You further understand and acknowledge that you shall be solely responsible to visit the Website from time to time in order to be informed of any updates, revisions, curtailments, extensions, in the Terms and Conditions, and/or, any abandonment or termination or postponement of the Content, and abide by the same without any recourse to Company, its authorized representatives, and each of their employees, for any reason whatsoever.

24. Viewer(s) hereby represent and warrant that Viewer(s) is not under any disability, restriction, or any kind of prohibition, which shall prevent Viewer from performing or adhering to any of the Terms and Conditions herein and have not entered into and shall not enter into any agreement that may violate the Terms and Conditions herein

25. Viewer(s) agree and acknowledge that nothing contained in these Terms and Conditions will be deemed to constitute a grant of license/ assignment and/or transfer of any rights in and to the Voting Mechanism, Program whatsoever from STAR INDIA in Viewer’s favour. The Terms and Conditions shall be available on the Website to ensure that no Viewer is misled and understands the entire process and the other terms and conditions mentioned herein prior to participating in the voting process.

26. Viewer(s) agree and irrevocably acknowledge that STAR INDIA shall have the sole and exclusive right including but not limited to intellectual property rights (copyrights and trademarks) and other proprietary rights in and to the format of the Program, Voting Mechanism and all its components whatsoever.

27. Viewer(s) undertake that the Viewer(s) shall not violate the rights of any third party including but not limited to privacy rights, copyrights, trademark or any other intellectual rights; shall not upload, store, collect, transmit or cause the upload, storage, collection, transmission, of any information through the Website which violates any applicable laws, including, inter alia, belonging to another person; or is harmful, harassing, blasphemous, defamatory, obscene, invasive of other’s privacy, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, harms minors in any way, violates any law for the time being in force.

28. Viewer(s) agree that Viewer(s) shall not indulge in any kind of activities like spamming or either directly or indirectly, reverse engineer, decompile or disassemble, make any enhancements, modifications, customizations, changes, additions, translations, deceive or mislead about the origin of such messages which is grossly offensive or menacing in nature, or allow any kind of unfair practices such as multiple votes and affect the transparency of voting, Star reserves the right to take appropriate action including criminal action in such an event.

29. Star shall not be responsible for any errors or omissions in the terms and conditions contained herein. All information provided is provided “As is” without warranty of any kind. STAR makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Viewer(s) and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose.

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

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

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

33. Viewer(s) acknowledges that in case any portion/clause of these Voting Rules is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Voting Rules shall be valid and binding and of like effect as though such provision was not included herein.

34. Viewer(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of Missed Call Vote(s) cannot be fulfilled due to war, industrial action, flood or any act of God then such non-performance or failure shall not be deemed as a breach of these Voting Rules and if such inability to perform such obligation continues for a period of fifteen (15) days, then STAR INDIA shall be at liberty and upon their sole discretion to terminate any such Missed Call Vote(s) of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).

35. The Viewer(s) shall comply with the laws of 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 Viewer(s) and STAR INDIA in this connection, and supersedes all prior understandings, if any, whether written or oral, between the Viewer(s) and STAR INDIA, in this connection.

37. These Voting Rules shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Voting Mechanism and/or the Program shall be referred to a sole arbitrator appointed by 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 Viewer who has raised the dispute.

38. Subject to the provision of 18 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, shall exclusively be the courts at Mumbai, India.

****

FOR VOTING RULES FOR PLATFORM VOTING ON HOTSTAR PLEASE SCROLL BELOW:

 

HOTSTAR VOTING RULES

These rules for voting (“Voting Rules”) uploaded on https://www.startv.com/legal-terms-policies/#d5v (“Website”) and the Hotstar application (“App”) shall be binding on each Viewer (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily wishes to vote for the Final Contestants (defined below) in respect of the program titled “DANCE+5” (“Program”) broadcast by Star India Private Limited (“STAR INDIA/Company”) on the channel STAR Plus (SD and HD) and streamed on the OTT audio-visual platform owned and operated by Novi Digital Entertainment Private Limited (“Novi”) currently known as ‘Hotstar’ (together, the “Channel”).

You also agree that the Hotstar Terms of Use available at http://www.hotstar.com/terms-of-use shall apply in relation to your registration, participation and/or use of the hotstar mobile app available at www.hotstar.com. Any information gathered through this Terms and Conditions shall be subject to STAR INDIA’s Privacy Policy ( as defined below) incorporated herein by reference. STAR INDIA and Novi will have access to and collect information and data shared by You including Your personal information such as email address, mobile number and/or any information in relation to the participation of the Viewer(s) in the Voting Mechanism (as defined below) gathered under or pursuant to this voting process by STAR INDIA and Novi (if any) (“ Data”). By clicking on ‘I ACCEPT’ of the checkbox available at the webpage http://hotstar.com/terms-of-use-voice appearing on the hotstar app on the mobile phone (“Website”), You consent to the collection, storage, disclosure, processing, transfer of and sharing of the Data (as defined below) by STAR India, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp , the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp and the privacy policy available at https://www.hotstar.com/privacy-policy (collectively the “Privacy Policy”).

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

All Capitalized terms herein shall have the meaning ascribed to them in the Terms and Conditions applicable to the Program, available at https://www.startv.com/legal-terms-policies/#d5 .

III. PRINCIPAL RULES

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

 

17. The Program is a dance based reality program wherein contestants between the ages of 5 (five) years and 55 (fifty-five) years (“Contestants”), who are citizens and residents of the Territory individually or as part of a Group comprising 2 (two) or more individuals compete against each other by voluntarily participating in and /or being part of various selection processes, auditions or levels of selection as per the format of the Program.

18. On the basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality and such other criteria as determined by the Company in its sole discretion. Remo Dsouza who is the Super judge (“Super Judge”) on the Program, shall award scores to each Contestant per week. The scores awarded by Remo Dsouza were considered for the selection and shortlisting of the final top 10 (ten) Contestants or as decided by the Company (“Final Contestants”). These Final Contestants, shall thereinafter perform and compete against each other in the further upcoming televised episodes /rounds of the Program (“Final Rounds”).

19. It is clarified that the Final Rounds of the Program shall tentatively commence from January 13, 2020 onwards and will continue till February 16, 2020, or such other dates, as may be decided by the Company from time to time, in its sole discretion. (“Voting Period”). The Voting for the Final Rounds shall be conducted via: (i) votes cast by Viewers via missed call, in the manner described under these Voting Rules (“Missed Call Voting Mechanism”); and (ii) votes cast via the mechanism available on the www.hotstar.com (“Platform Voting Mechanism”). The terms and conditions applicable to Platform Voting are available on https://www.startv.com/legal-terms-policies/#d5v. The Missed Call Voting Mechanism and the Platform Voting Mechanism are collectively referred to as “Voting Mechanism”.

 

20. The Platform Voting Mechanism (as detailed in clause 5) will commence and close for the episodes of the Final Rounds of the Program, as detailed hereinbelow, in the Territory (“Period”). During the Voting Period, Viewers or Voters can vote for their favorite Final Contestant(s), if they like the performance of any particular Final Contestant and/or all Contestants.

21. The Platform Voting Mechanism is as provided below:

 

A Viewer interested to cast his/her vote, by using Platform Voting Mechanism, will be subject to the terms and conditions and mechanism set out herein:

a) Viewers who have registered accounts may download and login to their account on the App Viewers can log in through their Hotstar account on the updated App; or (ii) by creating a new valid email ID by entering the mandatory fields as may be required on the App. The App is operated by Novi.

b) The Dance+5 page on the App, as applicable, will list the names of the Final Contestant(s) eligible for votes in the voting period along with the pictures of the Final Contestant(s).

c) To cast their vote, the Viewer may click on the name/picture of a particular Final Contestant(s). Each Viewer may cast a maximum of 10 (ten) Votes per phone number per day of per Voting Period as specified in the table below. It is clarified that each Viewer will have 30 votes each week to distribute among his/her favorite Final Contestant(s). After a Viewer has completed his/her 10 (ten) votes, a message will be displayed by the App stating that the voting is complete and the Viewer can only vote again in the next day of the Voting Period. The votes sent after the first 10 (ten) Votes by a Viewer shall not be counted and will be considered null and void.

       

Hotstar

Voting start time

Voting end time

No. of votes per Voting Period per login

Saturday

08:00 PM

Monday

11:59 PM

10

Sunday

12:00 AM

Tuesday

11:59 PM

10

Monday

12:00 AM

Wednesday

09:00 AM

10

 

 

NOTE: Only a maximum of 10 votes will be allowed per day per Mobile/Landline, per Voting Period.

Only a Maximum of 10 votes will be allowed per day per login, per Voting Period, number of votes cast including during the Voting Period, exceeding the limit mentioned hereinabove, will not be valid and shall be rendered null and void. The unused votes of the Viewer will elapse after each day of voting and the Viewer will not be able to transfer such unused votes to the next or any other day.

d) The voting for those Final Contestants who have secured their positions in the Top 4 Final Contestants (“Top 4”) shall be closed after their selection and the Viewers shall not cast any more votes for them, however voting lines will remain for other Final Contestants.

e) Only Viewers residing in India can participate through Platform Voting Mechanism.

f) The vote through the Platform Voting Mechanism will be deemed to have been cast and received only when the Viewer clicks done and the voting page/sheet on the App closes.

g) The Super Judge of the Program shall be free and entitled to award scores to the Final Contestant(s) in each episode of the Final Rounds of the Program. Scores for each Final Contestant for each Final Round shall be calculated, as follows: (i) 50% of the score for each Final Contestant shall be attributed to votes received through the Voting Mechanisms; plus (ii) 50% of the score shall be attributed to the votes/ scores provided by the Super Judge (weighted average method), in respect of each Final Contestant.

h) Except for the Shortlisting Episodes, the highest scoring Final Contestants may or may not be announced in the episode following the Voting Period for each Final Round or such date as may be decided by Star India in its discretion. Notwithstanding anything contained herein, during any or all of the Final Rounds, in the discretion of STAR INDIA, the Super Judge may be granted the right to have an overriding vote in respect of any or all of the Final Contestants, which shall override the public votes. This right may be exercised without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules from time to time. “Shortlisting Episodes” shall mean such episodes in which the Top 4 are selected, as set out in the table at Paragraph 5 below.

i) In each episode subsequent to each of the Shortlisting Episodes, the top-rated Final Contestants (basis the scoring mechanism set out at Paragraph 5 (g) above) shall be selected as Top 4 for competing in subsequent Final Rounds of the Program, till the Winner of the Program is announced in the Final Episode.

 

j) In addition to the Votes garnered from the Viewer(s) for their favorite Contestant(s) by the Voting Mechanism, STAR INDIA may allow parallel voting facility for the Contestant(s) to the members of the public via any voting platform(s) during a period as deemed fit by STAR INDIA at its sole discretion.

k) By voting in accordance with the Platform Voting Mechanism, Viewer has read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions set out herein and the Voting Rules. If you do not agree to be bound by or cannot comply with any of these terms and conditions, please do not proceed to vote. The decision of STAR INDIA or Novi for all matters relating to Viewer’s voting shall be final and binding in all respects. The Platform Voting Mechanism shall be governed by the Voting Rules and terms, conditions and rules stated herein. Capitalised terms not defined herein shall have the meaning assigned to them at the Voting Rules.

l) The Viewer will not be charged in the Platform Voting Mechanism to cast the vote, however, there may be cost levied to the Viewer, at the applicable rate, by the network provider for using internet connection which should be verified by the Viewer at his/her sole responsibility. In case of casting vote while roaming in different circle/zone, additional roaming rates for browsing of the internet may be applicable. SIPL, Channel, Novi shall not be responsible for any such charges incurred by the Viewer and all charges for browsing/using internet to cast such vote shall be borne solely by the Viewer. Neither STAR INDIA nor Novi shall be responsible in case of any kind of network problem, technical failure whatsoever and/or the data charges/costs charged by the network provider(s) and/or any other problems which may occur due to the failure of the Platform Voting Mechanism or misuse of the Platform Voting Mechanism inability to cast vote due to any other technical issue and/or any other reason whatsoever and/or any kind of problems in connection thereto. Any dispute in connection to the same shall be settled directly between the Viewer and the network provider(s) without involving STAR INDIA and/or Novi in any manner and at anytime whatsoever. In case of any network failure, technical problem and/or for any reasons whatsoever, STAR INDIA and Novi reserves the right to change the voting system/Platform Voting Mechanism and/or cease from accepting votes of the Viewers for any and/or all the Final Rounds, or take such necessary steps as it may deem fit without any liability to any viewer/person/ party.

m) In the Platform Voting Mechanism, the Viewer should cast his/her votes for a particular Final Contestant, for the respective Episodes of the Program, during a particular Voting Period (as defined below) and any vote cast after the Voting Period shall neither be considered as vote(s) for that Episode nor for the next Voting Period. The Voting Period for each Episode shall commence from the Start time and end on the voting End Time as detailed below, on the start date as mentioned on the Platform:

Week

No. of Final Rounds

Airing day and date of the Episode

No of Performance(s)

 

 

 

Shortlisting Episode or not

Remaining Contestants competing for a spot in the Pre-Finale

Number of contestants shortlisted for Pre- Finale

Start Time of Platform Voting – commencement of Voting Period

End Time of Platform Voting - – end of Voting Period

Week 11

LEGEND WEEK 1

Episodes 21 & 22

Saturday (18.01.2020)


Sunday (19.01.2020)

Saturday: Top 10 Final Contestants perform individually.

Sunday: Dance Battles between Final Contestants

No

10

NA

8:00 PM on Saturday (18.01.2019)

9:00 AM Monday (20.01.2019)

Week 12

LEGEND WEEK 2

Episodes 23 & 24

Saturday (25.01.2020)

Sunday (26.01.2020)

Saturday: Top 10 Final Contestants perform individually.

Sunday: Dance Battles between Final Contestants

No

10

NA

8:00 PM on Saturday (25.01.2020)

9:00 AM Monday (27.01.2020)

Week 13

LEGEND WEEK 3

Episodes 25 & 26

Saturday (01.02.2020)


Sunday (02.02.2020)

Saturday: Top 10 Final Contestants perform individually.

Sunday: Dance Battles between Final Contestants

No

10

NA

8:00 PM on Saturday (01.02.2020)

9:00 AM Monday (03.02.2020)

Week 14

Episodes 27 & 28

Saturday (08.02.2020)


Sunday (09.02.2020)

Saturday: All Final Contestants perform individually.

Sunday: Dance Battles between Final Contestants

Yes

8

2

8:00 PM on Saturday (08.02.2020)

9:00 AM Monday (10.02.2020)

Week 15

Episodes 29 & 30

Saturday (15.02.2020)

Sunday (16.02.2020)

Saturday: Individual performances of Top 4 Contestants

Sunday: Dance Battles between Final Contestants

Yes

0

2 (+ 2 from Week 14) (Top 4 or as decided by the Company)

8: 00 PM on Sunday (16.02.2020)

Note: No voting on Saturday

TBA

Week 16

Episode 31

TBA

All Contestants will perform.

Yes

NA

1 Winner of the Program selected from Top 4

No Voting

No Voting

 

22. However, for avoidance of doubt it is clarified that the judges and /or any celebrities appearing on the Program shall be free and entitled to judge the performance of the Final Contestant(s) in each episode of the Final Rounds of the Program, express their views and /or comments on the performances of the Final Contestant(s) or award them in any manner deemed fit by them and STAR INDIA at their discretion, without any objection from any person and the Viewer(s) shall not in any manner be entitled to dispute or challenge the same.

23. The award (if any) given by the judges and /or any celebrities appearing on the Program are at their discretion and shall be final and binding on the Final Contestants.

 

24. In the event of a tie between any of the Final Contestants during the Final Rounds the Super Judge shall have a casting vote.

 

 

25. STAR INDIA and/or the Channel reserve the right to modify the format of the Program, Final Rounds and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time. It is further clarified that in case of final scores ( i.e., Votes received as per the Voting Mechanism) being tied for two (2) or more Final Contestant(s), the decision of the Super Judge shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in any manner whatsoever.

26. The Voting Mechanism will be announced during the telecast of the Program on the Channel and/or on the Website and/or such other modes and media as may be decided by the Company from time to time. It is further clarified that the Voting Mechanism announced during such telecast and/or on the Website shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, Channel and/or its employees in connection to the same. It shall be the sole responsibility of the Viewer(s) to be updated on the Voting Mechanism from time to time.

27. The Viewers can cast their Platform Vote(s) for only those Final Contestant (s) of the Program who have competed in that episode of Final Round of the Program. Any Platform Vote(s) sent by the Viewers for the Final Contestant(s) who have not competed in that particular episode due to ineligibility for Platform Vote(s) through the Platform Voting Mechanism or is shortlisted as a finalist based on the last week’s Platform Votes or for any other reason whatsoever shall not be considered and shall be null and void.

28. Voting is merely to enable the Viewers to choose their favorite Final Contestant (s) or to provide Platform Vote (s) for the performance of a particular Final Contestant (s) that they have liked or appreciated. No winners will be declared and/or prizes distributed for the Viewers. Viewers are not entitled to make any claims in respect of this against the Channel, STAR INDIA and /or the Program.

29. The selection of the Final Contestant (s) and/or selection of the Top 4 finalists and/or declaration of the Winner and/or the decisions made by STAR INDIA and/or the Channel shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, Channel and/or its employees in connection to the same.

30. In the event any of the Final Contestant(s) and/or the judges and/or any celebrities, host(s) or performer(s), as the case may be, are unable to perform, attend or appear on the Program, for any reasons whatsoever, STAR INDIA has the right to at its discretion anytime replace or bring in new Final Contestant(s), celebrities, mentors, hosts or performers, as deemed fit and necessary by STAR INDIA.

31. The selection of the Final Contestants by the judges and /or any celebrities appearing on the Program and /or STAR INDIA, exercise of veto power by the judges and /or any celebrities appearing on the Program, declaration of Platform Vote (s), and/or any decisions made by STAR INDIA and/or the judges and /or any celebrities appearing on the Program, selection and declaration of the Winner shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, the judges /or any celebrities appearing on the Program, Channel and/or its employees in connection to the same.

32. STAR INDIA and/or the Super Judge shall be entitled to, at its discretion, any time in the Program, to re-introduce the eliminated contestants and/or re-introduce fresh individuals/contestants during any stage of the Program.

33. The Votes cast for the Final Contestants through the Voting Mechanism to the Final Contestants and the judging of the Final Contestants based on the same are binding on the Viewers and in no event shall the Viewers dispute the same.

34. In the event any of the Final Contestants who have qualified for the Final Rounds are unable to perform and /or appear in any of the Final Rounds, for any reason whatsoever, then STAR INDIA reserves the right to replace such Final Contestant with a subsequent Final Contestant, who was eliminated previously in the Final Rounds or any other contestant who was shortlisted and /or eliminated previously in the Program and such decision of STAR INDIA and/or Channel shall be final and binding on all including the Viewer(s) and Viewer(s) undertake to not dispute the same.

 

35. During each Final Round, the Super Judge shall, basis the scores he has awarded to Final Contestants, nominate such number of top-scoring Final Contestants (tentatively 4 (four) Final Contestants) to compete against each other in a dance battle (“Dance Battle”). The nominations of Final Contestant(s) who shall compete in the Dance Battle(s) shall be the top scorers for the week. If the top scorers in descending order are greater than 4 (four), the decision of the Super Judge shall be entitled to a casting vote, for all matters relating to the nomination for Dance Battle shall be final and binding on the on all Contestants and the judges. The decision of Super Judge for all other matters shall be binding on all Contestants and judges.

 

 

IV. General Rules

1. The viewers interested in voting must be above the age of 18 (eighteen) years and a citizen and resident of the Territory (“Viewers/ Voters”). The Viewers should not have any criminal conviction or an arrangement or a contract that prevents the Viewers from voting.

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

3. STAR INDIA reserves all rights to make amendments to the existing Voting Rules or withdraw, change, alter, amend the Voting Mechanism, process of selection of Top 4 (four) Final Contestants, Winner, Voting Rules, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules and Privacy Policy, from time to time.

4. STAR INDIA reserves the right to cancel and/or reschedule the Program and /or the Final Rounds and/or extend or alter the Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in any manner whatsoever by the Viewer(s).

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

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

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

8. 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, technical disruption, connection failure, electricity failure, any other reason whatsoever and/or the cost of the missed call or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving STAR INDIA.

9. In case of any telecom and /or network failure and /or technical failure in giving missed calls and /or casting vote(s) on the app and/or having an internet session and /or logging on to the official website of the Program and/or for any reasons whatsoever, STAR INDIA reserves the right to at its sole discretion to change/amend the Voting Mechanism and /or cease from accepting Missed Call Vote(s) and/or Platform Vote(s) of the Viewers during the Period for the episodes of the Final Rounds of the Program, in any manner it may deem fit and necessary. In addition STAR INDIA shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Voting Mechanism including without limitation voting system/failure in the mechanism of recording missed calls due to any reason whatsoever including technical disruption/phone lines being open /close /default in internet lines /connection or a default in playing the audio message to the Viewer upon casting of Missed Call Vote(s) / Platform (Vote(s) / close or default / failure/ any other difficulties of such nature due to which the Viewer(s) is unable to record his/her Missed Call Vote(s) and/or Platform Vote(s) / failure to logging on automatic acceptance of Missed Call Vote(s) and/or Platform Vote(s) stated in these Voting Rules and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.

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

11. By casting their Platform Vote(s), each Viewer(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Winner of the Program, Platform Vote(s), shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Voting Mechanism (if any), notwithstanding the foregoing, under no circumstances will STAR INDIA and/or STAR INDIA affiliates be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

12. STAR INDIA is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to voting/Voting Mechanism. Each Viewer in consideration of being given opportunity to Platform Vote(s), agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, the judges and /or any celebrities appearing on the Program, STAR INDIA, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewer, in any manner whatsoever in connection with the Voting Mechanism, Missed Call Vote(s) and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

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

15. Viewer(s) shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.

16. Viewer(s) agrees to not attempt to gain unauthorized access to servers or networks connected to STAR INDIA’s services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of STAR INDIA’s services.

36. STAR INDIA reserves the right to suspend any Final Contestant(s) and/or the judges and/or any celebrities, host(s) or performer(s), in case it has reasonable grounds to conclude that the individual(s) have been alleged in any public domain and/or social media websites for any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which may tantamount to general misconduct.

37. All Viewer(s) are advised to remain in areas with strong and stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting vote.

38. Standard data charges may or may not be applicable for Viewer(s) to participate in the voting process through platform voting. It will be Viewer’s responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of casting vote while roaming in different circle/zone, additional roaming rates may be applicable. STAR INDIA shall not be responsible for any such charges incurred by the Viewer.

39. STAR INDIA will not permit or entertain any requests or claims to check / audit / challenge the logic of the current voting rules.

40. Other third party websites may provide information related to the Voting Mechanism, timelines or any other information which may be relevant to the Program, however, the content on such websites is not subject to the control of STAR INDIA , their owners may be independent from us and STAR INDIA does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewer(s) basis such information.

41. While all attempts will be made to protect the Platform Vote(s) data received from loss and/or corruption, Viewer(s) agree and acknowledge that all system are prone to failure and hacking attempts. In the event of any data loss, STAR INDIA shall make reasonable endeavors and may disqualify all the votes received or conduct a re-contest or continue with whatever data available in the manner it deems is fit. STAR INDIA shall not be responsible for any damage resulting from the loss of data or action taken by STAR INDIA on account of the same. STAR INDIA will not be responsible to make good any loss or dissatisfaction suffered by the Viewer on account of such loss.

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

43. It shall be the sole responsibility of the Viewer(s) to familiarize themselves with the Terms & Conditions, including amendments thereof from time to time. STAR INDIA reserves the right at its sole discretion to (i) cancel and/or postpone the Program without any prior intimation to the Viewer(s); (ii) make amendments to the existing Terms & Conditions and/or Program and/or Voting Period and/or withdraw, change, alter, amend the Terms & Conditions, without any notification(s) to the Viewer(s); (iii) extend or curtail the Program and/or Voting Period and /or or suspend or abandon the same at any time, without any notification(s) to the Viewer(s), the Viewer(s) and shall have no objection to the same whatsoever, nor shall the Viewer(s) make any claims /disputes in respect of the same. You further understand and acknowledge that you shall be solely responsible to visit the Website from time to time in order to be informed of any updates, revisions, curtailments, extensions, in the Terms and Conditions, and/or, any abandonment or termination or postponement of the Content, and abide by the same without any recourse to Company, its authorized representatives, and each of their employees, for any reason whatsoever.

44. Viewer(s) hereby represent and warrant that Viewer(s) is not under any disability, restriction, or any kind of prohibition, which shall prevent Viewer from performing or adhering to any of the Terms and Conditions herein and have not entered into and shall not enter into any agreement that may violate the Terms and Conditions herein

45. Viewer(s) agree and acknowledge that nothing contained in these Terms and Conditions will be deemed to constitute a grant of license/ assignment and/or transfer of any rights in and to the Voting Mechanism, Program whatsoever from STAR INDIA in Viewer’s favour. The Terms and Conditions shall be available on the Website to ensure that no Viewer is misled and understands the entire process and the other terms and conditions mentioned herein prior to participating in the voting process.

46. Viewer(s) agree and irrevocably acknowledge that STAR INDIA shall have the sole and exclusive right including but not limited to intellectual property rights (copyrights and trademarks) and other proprietary rights in and to the format of the Program, Voting Mechanism and all its components whatsoever.

47. Viewer(s) undertake that the Viewer(s) shall not violate the rights of any third party including but not limited to privacy rights, copyrights, trademark or any other intellectual rights; shall not upload, store, collect, transmit or cause the upload, storage, collection, transmission, of any information through the Website which violates any applicable laws, including, inter alia, belonging to another person; or is harmful, harassing, blasphemous, defamatory, obscene, invasive of other’s privacy, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, harms minors in any way, violates any law for the time being in force.

48. Viewer(s) agree that Viewer(s) shall not indulge in any kind of activities like spamming or either directly or indirectly, reverse engineer, decompile or disassemble, make any enhancements, modifications, customizations, changes, additions, translations, deceive or mislead about the origin of such messages which is grossly offensive or menacing in nature, or allow any kind of unfair practices such as multiple votes and affect the transparency of voting, Star reserves the right to take appropriate action including criminal action in such an event.

49. Star shall not be responsible for any errors or omissions in the terms and conditions contained herein. All information provided is provided “As is” without warranty of any kind. STAR makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Viewer(s) and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose.

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

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

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

53. Viewer(s) acknowledges that in case any portion/clause of these Voting Rules is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Voting Rules shall be valid and binding and of like effect as though such provision was not included herein.

54. Viewer(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of Missed Call Vote(s) cannot be fulfilled due to war, industrial action, flood or any act of God then such non-performance or failure shall not be deemed as a breach of these Voting Rules and if such inability to perform such obligation continues for a period of fifteen (15) days, then STAR INDIA shall be at liberty and upon their sole discretion to terminate any such Missed Call Vote(s) of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).

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

56. 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 Viewer(s) and STAR INDIA in this connection, and supersedes all prior understandings, if any, whether written or oral, between the Viewer(s) and STAR INDIA, in this connection.

37. These Voting Rules shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Voting Mechanism and/or the Program shall be referred to a sole arbitrator appointed by 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 Viewer who has raised the dispute.

38. Subject to the provision of 18 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, shall exclusively be the courts at Mumbai, India.

“#WhereHeartMeetsMind” contest

The following are the rules for the“#WhereHeartMeetsMind” contest (the “Contest”) hosted by Star India Private Limited (“ STAR”) in collaboration with DFL Sports Enterprises GmbH (“DFL”) on the platforms and media owned/operated by STAR or its group companies (“Channels”) to be conducted through the Channels and/or the Star Sports Football Facebook page at the URL https://www.facebook.com/StarFootball and/or Star Sports Football Twitter page – https://twitter.com/StarFootball (the “Network Handle”). The Contest is being conducted in order to promote the transmissions of the German Bundesliga (“ Bundesliga”) on STAR’s Channels. Any personal information gathered pursuant to this Contest shall be subject to the privacy policy available at http://www.startv.com/PersonalDataPrivacyPolicy.html (“ Privacy Policy”) which is incorporated herein by reference. This Contest shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “ Terms and Conditions”) as stated hereunder. By participating in the Contest, it is construed that the participant(s) (“ Participant”) has/have read and understood these Principle Rules including the General Rules stated below and has/have agreed to abide by the same:

(I) Principal Rules

1. The Contest will be conducted from 13th Jan 2020 until 17th Jan 2020 (both days inclusive) (“ Contest Period) or such other date as may be decided by STAR at its sole discretion and announced by STAR on the Network Handle and/or on the Channels and/or such other pages or accounts owned/operated by STAR on various social media platforms, including but not limited to Facebook, Twitter, Instagram and YouTube.

2. The Contest is a game of knowledge and skill whereby the Participants would have to provide an answer(“Question”) posted by STAR on the Network Handle prior to or on the Contest Day. An official announcement shall be made on the Network Handle and/or on the Channels inviting Facebook/ Twitter users to answer the Question posted by STAR on its Network Handle on the Contest Day. Facebook users can respond to the post containing the Question on Facebook/ Twitter during the Contest Period, containing their respective answers to Question announced on the Channels in the manner as prescribed below. Any person who wishes to participate in the Contest (“Participant”) shall fulfill all the following requirements:

(a) All Participants must be valid users of Facebook/Twitter, as applicable, shall be at least eighteen (18) years of age and must be residing in India.

(b) Each Participant is required to visit the Network Handle and “like” and “follow” the Network Handle.

(c) The Participant should submit their entry containing their answers to the Questions in the form of a comment posted through the Participant’s Facebook/Twitter account in response to the post containing the Question on the Network Handle (“Entry”). Each Entry: (1) should contain the pre-decided hash-tag for the Contest, i.e. #WhereHeartMeetsMind; (2) should be submitted within the Contest Period and in any case must be before 11:59 PM Indian Standard Time on 17th Jan 2020; (3) should answer the relevant Question contextually. In response to the Question, Participants must state what he/she is looking forward to the most in the upcoming 2019/20 season of the Bundesliga.

(d) Any Entry which does not contain the above elements mentioned in this clause 2 of the Principal Rules shall not be considered a valid Entry and shall be deemed null and void without requirement of any intimation by STAR.

3. The editorial team of DFL shall select 10 winners from amongst all those Participants who have submitted Entries containing, in the their opinion, the most contextually relevant answers to the Question (“Winners”). Winners shall be selected on the basis of the relevance of their Entries or any other criteria as the editorial team shall deem fit as per its sole discretion. DFL’s decision in this regard and for all other matters relating to the Contest shall be final and binding upon the Participant(s). Winners will be announced by STAR on the Channels and/or on the Network Handle.

4. Each Winner would be awarded a prize (“Prize”). The Prize shall be a piece of Bundesliga merchandise. The Prize must be claimed in response to messages or telephone calls made to the Winners subject to submission of requisite proof of identity, if requested by STAR. Any and all taxes and/or levies applicable under the laws of India and any incidental costs direct and/or indirect, in relation to Prize shall be borne by the respective Winners. Neither DFL nor STAR nor any of STAR’s group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which the Winner(s) is unable to claim the Prize from STAR.

5. DFL and STAR reserve the right to forfeit a Prize in the event it is found by DFL and/or STAR and they have a reason to believe that any information provided by the Participant/Winner(s) is wrong, fraudulent or any misrepresentation is made by the Participant/Winner. DFL shall have the right to declare any other Participant(s) as the Winner(s) of the Contest, at its discretion and transfer Prize(s) to such other Participants. All Prizes are provided on an as-is where-is basis without assurances or warranties of any kind. Neither DFL nor STAR nor STAR’s group companies nor their employees provide any assurances or guarantees regarding Prizes, including quality, merchantability or fitness for purpose. The Winner(s) agree not to hold DFL, STAR and/or STAR’s group companies and/or their respective employees responsible for any delay in receiving Prizes or any inability to enjoy Prize(s) due to any failure by organisers of the Prize, or any of their agents, or otherwise for any other problem in relation to a Prize. It is clarified that DFL, STAR and/or any of STAR’s group companies shall not be responsible for the brand, quality, value etc. in relation to a Prize and the supplier/ manufacturer shall be solely responsible for the same. DFL, STAR and/or any of STAR’s group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither DFL nor STAR nor STAR’s group companies shall be liable for any delays or failures in any notifications, or the Contest in general.

6. For the avoidance of doubt, since the editorial team of DFL shall determine the Winners, all grievances of Participants in relation to the declaration of the Winners shall be addressed solely to DFL. STAR shall not be liable in any manner whatsoever in relation to the selection of the Winners and will merely declare the Winners selected by the editorial team of DFL on the Network Handle and/or the Channels.

7. The Winner agrees that the Prize cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prize will be awarded to the Winner(s) and the Winner(s) cannot exchange the Prize for cash or a gift of similar value. The Contest or the Prize(s) cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record the act of collection of the Prize(s) or incorporate it in the telecast of the Matches or otherwise mention it on the Channels. If the Winner(s) refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards the Winner(s) in connection to the same or otherwise.

8. All Entries must be received before 11:59 PM Indian Standard Time on the last day of the Contest Period. Entries received after the aforementioned time will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by STAR and/or DFL.

9. STAR and/or its group companies shall not be responsible in the event that Entries are not received or the Participant(s) is unable to submit his/her Entry on Facebook in the Contest due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the Participant clicking “Submit/Post” button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.

10. The Participant(s) shall ensure that the Entry being submitted by them is decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person, community, caste, religious sect or section of the society, etc. The Participant(s) further represents and warrants that the Entry being submitted by him/her shall be original and shall not infringe upon and/or contain any material that will infringe upon any third party rights including rights in intellectual property. STAR reserves the right to remove or disqualify any Entries that do not meet these criteria.

11. STAR reserves the right to change the Entry system/mechanism and/or cease accepting Entries for the Contest before the stipulated deadline for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion and it need not notify the Participant(s) who have already submitted their Entry(ies) about the same.

12. STAR reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. STAR reserves the absolute right and discretion to reject any Entry or any part thereof at any stage of the Contest, including after declaring the winning Entry, if STAR: (a) receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party; or (b) determines at its sole discretion that the Entry inter alia:, (i) belongs to another person and in which the Participant does not have any rights; (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harm minors in any way; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonates another person; (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The decision of STAR in this regard shall be final and binding upon the Participant(s).

13. STAR reserves the right to select and declare the Winners of the Contest and such decision shall be final and binding on the Participant(s) and Winner(s). STAR shall select the winning Entries in accordance with applicable parameters, and the Winners may be declared by STAR through the Network Handle and/or any other means announced by STAR.

14. The Winners shall be required to submit necessary supporting documentation to establish identity and compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR to be eligible for any gratification. In the event any person fails to adhere to the instructions, then his/her selection shall be invalidated. In such a case, (a) STAR and/or its group companies shall not be liable in any manner whatsoever and (b) STAR may, at its sole discretion, by the prescribed selection criteria choose other Winners instead.

15. The Participant(s)/Winner(s) agrees and consents to the use of the Entry and/or any part thereof by STAR or its affiliates as it may deem fit for the purpose of promotion of STAR and/or its group companies and/or any programs on any channels owned or operated by STAR or any of its group companies (the “Network”). In consideration of the participation in the Contest, the Participant(s)/Winner(s) hereby irrevocably, exclusively, perpetually and for the entire universe assigns all rights, titles and interests in the Entry including any rights of Exploitation thereof, to STAR, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Entry and/or any part thereof including along with its cognate forms and grammatical variations, and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Entry or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry and/or any part thereof from one form/format to another and in relation to the Entry and/or any part thereof, for incorporation in a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Entry in to a film for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. To the extent that the assignment of all rights, title and interest in the Entry and/or any part thereof if any subsisting in favor of the Participant(s)/Winner(s), in relation to future medium or mode of exploitation of the Entry and/or any part thereof is not held valid by operation of law, Participant(s)/Winner(s) hereby grants an irrevocable, exclusive, sub-licensable, perpetual right to STAR and its affiliates for such future medium or mode of exploitation of the Entry and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participant(s)/Winner(s) hereby agrees that the Participant(s)/Winner(s) shall not assign or in any other manner transfer the Entry including and/or any part thereof for such means and modes of Exploitation of the Entry and/or any part thereof, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to STAR without offering for assignment such modes or means of Exploitation of the Entry and/or any part thereof for the entire world and perpetuity to STAR. The Participant(s)/Winner(s), agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of the Entry and/or any part thereof to any third party in breach of the such obligation herein, anywhere in the world shall be null and void. Further, STAR may exploit the Entry and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 does not apply to this Agreement. The Participant(s)/Winner(s) waves off his “Moral Rights” with respect to the Entry and/or any part thereof as required. The Winner(s) shall do all acts and execute all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR herein.

(II) GENERAL RULES:

1. The Participant(s)/Winner(s) must be above the age of 18 years and must be residing within the territorial limits of India.. The Participant(s)/Winner(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s)/Winner(s) from participating in the Contest. Proof of age, if requested, of the Participant(s), Winner(s), in the Entry must be submitted to STAR (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate) as may be required by STAR to confirm the eligibility of the Participant(s)/Winner(s).

2. Participant(s)/Winner(s) shall provide such information as may be required by STAR from time to time. Any incomplete submission will be considered invalid for the purpose of the Contest. STAR also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant at any point in time.

3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Contest, without giving prior notice or reason. It shall be the sole responsibility of the Participant(s) to check the rules and regulations of the Contest on http://www.startv.com/contesttnc.htm. Non-conformance by the Participant(s) to any the Terms and Conditions will make such Participant’s Entry/ies null and void.

4. The Participant/Winner acknowledges that in case the conduct of the Contest cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as war, industrial action, flood or any act of God, then STAR shall not have any liability in this connection.

5. STAR and/or its group companies are 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 in any manner whatsoever, in connection to the Contest.

 

6. The Winner(s)/ Participant (s) shall hold harmless and indemnify STAR, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, damage, liability, award, costs or expenses that may arise in connection with any act of the Participant(s)/Winner(s) and/or Entry including any third party rights claims with respect to the material submitted by the Participant(s)/Winner(s).

7. The Participant(s) and/or the Winner(s) shall not in any circumstances make any claims against STAR or its group companies, arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults (directly or indirectly), to the Participant(s) and/or the Winner(s) participation or non-participation in the Contest or any related activity. If any Participant or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Contest.

8. Employees of and/ or consultants of STAR and/or persons hired on contract by STAR, the sponsor, and the members of their immediate family, are ineligible to participate in the Contest.

9. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) has waived his/her right to raise any dispute with regard to the Contest and/or the Prize, in any manner whatsoever and has understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and unconditionally accepts and agrees to comply with and abide by the Terms and Conditions. In the event of any fault, misunderstanding or dispute concerning any part of the Contest the decision of STAR shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/Winner(s) and STAR and its group companies is not a confidential, fiduciary, or any other special relationship.

10. The Participant(s)/Winner(s) of the Contest agrees that if so required by STAR, he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign (" Promotional Activity") of any nature and on any platform whatsoever without any money payable to the Participant(s)/Winner(s). Further, the Participant(s)/Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR or any of its group companies into public disrepute or denigrate any of the preceding, or offend any community or public morals. In all public appearances the Participant/Winner shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Network and/or any channel on the Network. The Participant(s)/ Winner(s) agrees that the footage/ picture/ photograph of the Participant(s)/ Winner(s) used during the course of the Contest or for the purpose of the Contest shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and in any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participant agrees and consents to the use of any text and/or information and/or any photograph and/or image and/or visual recording and/or other components of his or her Entry on any platform as STAR may deem fit for the purpose of promotion of the Network and/or any channels forming part of the Network.

 

11. These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest in the courts of Delhi, India.

 

-x-x-x-

“Thambikku Entha Ooru” contest

TERMS AND CONDITIONS

The following are the rules for the “[•]” contest (the “ Contest”) hosted and conducted by Star India Private Limited (“STAR”). The idea behind the Contest is to test the creative skills of the cricket fans and viewers and to find out the craziest Chennai Super Kings (CSK) fans in the state of Tamil Nadu. Any personal information gathered pursuant to this Contest shall be subject to the Company’s personal data privacy policy and website privacy policy, available at http://www.startv.com/legal-terms-policies/#pdp and http://www.startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which is incorporated herein by reference. This Contest shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “Terms and Conditions”) as stated hereunder.

[A] Principal Rules

1. The Contest will be conducted from [5th Jan, 2020] to [14 th February, 2020] or such other date(s) as may be decided by STAR at its sole discretion and announced by Star (“ Contest Period”).

2. The Contest aims to test the creative skills of the viewers and to find out the most passionate Chennai Super Kings (CSK) fans in the state of Tamil Nadu. The Contest will run in the manner described hereinbelow:

(A) All the participants in the Contest must be citizens of India residing in India during the Contest Period and must be at least 18 (eighteen) years of age as on the date of participating in the Contest (the “ Participants”); and

(B) STAR shall invite people to participate in the Contest by sending STAR an audio-visual clip, not being less than 45 (forty five) seconds in duration but not exceeding a total of 120 (one hundred and twenty) seconds in duration (“Permitted Duration”), which should explain why he / she thinks that he / she is the craziest and most passionate Chennai Super Kings (CSK) fan (“Entry”). To be eligible, the Participant should mention his / her relevant personal details including their name, city and contact details (phone number, address and email ID) at the end of the Entry. The Entry needs to be sent to the following email address : hello@starsports.com, on or before end of day on 14th February, 2020 (“ Closing Time”). The Participants should also mention their personal details including their name, city and contact details (phone number, address and email ID) in the body of the email containing their Entry; and

(C) Any Entries which do not adhere to the Permitted Duration and /or are submitted after the Closing Time shall not be considered valid and shall be deemed to be null and void without requirement of any intimation by STAR; and

(D) From the total pool of valid Entries received for the Contest from Participants upto the Closing Time, [30] Participants with the best Entries shall be selected as the winners of the Contest (“ Winners”). The selection of the Winners shall be done by the Star Sports editorial / content team.

3. The Winners shall be selected on the basis of the quality of their Entries or such other criteria as the Star Sports editorial / content team may consider appropriate. The decision of the Star Sports content/ editorial team in selecting the Winners from amongst the Participants shall be final and binding upon all the Participants. The decision of STAR for all other matters relating to the Contest shall be final and binding upon all the Participants.

4. As gratification, STAR shall reach out to each of the [30] Winners of the Contest at their respective locations in the state of Tamil Nadu. STAR shall shoot and film stories of each of these [30] Winners at each of these locations (the “ Winner Films”). These Winner Films shall be featured by STAR on the non-live show “Thambikku Entha Ooru” on the Star Sports 1 Tamil channel in January/February 2020 (the “Prize(s)”). STAR shall have the sole and absolute discretion to decide the final content and duration of each of the Winner Films and shall have full rights to edit, modify, translate and/or adapt the Winner Films to suit its editorial / content requirements.

Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other technical/regulatory difficulties of such nature, due to which the Winner Film(s) (or any part thereof) of a Winner cannot be broadcasted on the Star Sports 1 Tamil channel as per paragraph 4 above.

5. STAR reserves the right to forfeit the Prize(s) in the event STAR has a reason to believe that any information provided by any of the Winners is wrong, fraudulent or any misrepresentation is made by any of the Winners. STAR shall have the right to declare any of the other Participant(s) as the Winners of the Contest, at its discretion, and to provide the Prize to such other Participants. The Winners agree not to hold STAR and/or its group companies and/or their respective employees responsible for any failure or delay in featuring the Winner Films on Star Sports 1 Tamil. STAR and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications or the Contest in general.

6. The Winners agree that Prizes cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prizes will be awarded to any of the Winners and they cannot exchange the Prize for cash or a gift of similar value. The Contest or the Prizes cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record any part of the Contest and to telecast the same on STAR’s channels and platforms or to otherwise mention it on its channels and platforms. If any of the Winners refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards such Winners in connection to the Prize or otherwise.

7. All Entries from the Participants as per paragraph 2(B) above must be received during the period indicated therein. Entries received before or after the indicated period will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by STAR.

8. STAR and/or its group companies shall not be responsible in the event that any of the Entries (as per paragraph 2 above) are not viewable by STAR or the Participant(s) is/are unable to participate in the Contest due to any network/connectivity problems, breakdown in machinery or any other technical error of any nature whatsoever. For the purposes of these Terms and Conditions, an Entry shall be considered “viewable” by STAR only after STAR has opted to view such an Entry and has successfully viewed such Entry of the Participant. Any automated confirmation/similar message does not constitute proof of actual viewing by STAR. For the avoidance of doubt, by submitting his/her Entry, the Participant(s) is representing that the Entry (or contents thereof) are not confidential or comprise any sensitive personal information.

9. STAR reserves the right to change the entry system/mechanism and/or cease accepting Entries for the Contest during the Contest Period for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion.

10. STAR reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. STAR reserves the absolute right and discretion to reject any Entry(ies) or any part thereof at any stage of the Contest, including after declaring the Winners, if STAR: (a) receives any notice or complaint relating to the Entry not being compliant with the Terms and Conditions; or (b) determines at its sole discretion that the Entry inter alia: (i) belongs to another person and in which the Participant does not have any rights; or (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; or (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money-laundering or gambling, or otherwise unlawful in any manner whatever; or (iv) harms minors in any way; or (v) infringes any patent, trademark, copyright or other proprietary rights of third persons; or (vi) violates any law for the time being in force; or (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (viii) impersonates another person; or (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) threatens the unity, integrity, 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 any other nation. The decision of STAR in this regard shall be final and binding upon the Participant(s).

11. STAR reserves the right to select and declare the Winners of the Contest and such decision shall be final and binding on all the Participant(s). STAR shall select the Winners in accordance with applicable parameters, and the Winners shall be declared by STAR as per paragraph 2(C) and paragraph 4 on the official social media handles of Star Sports.

12. The Winners will be required to submit necessary supporting documentation to establish their identity/age/residence address etc and their compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR, to be eligible for any gratification. In the event that any Winner fails to furnish such documentation within the timelines indicated by STAR, then his/her selection as a Winner shall stand invalidated. In such a case : (a) STAR and/or its group companies shall not be liable in any manner whatsoever and the Prize shall stand forfeited in respect of that Winner; and (b) STAR may, at its sole discretion, by the prescribed selection criteria, choose other Participant(s) to receive such Prize in place of such person.

13. The Participants (including the Winners) agree and consent to the use of their Entry(ies), the Winner Films and/or any part thereof by STAR or its affiliates as it may deem fit for the purpose of promotion of the Contest, STAR and/or its group companies and/or any programs/events on any channels/platforms owned or operated by STAR or any of its group companies (the “Network”). In consideration for the participation in the Contest, the Participants (including the Winners) hereby irrevocably, exclusively, perpetually and for the entire universe assign all right, title and interest in their Entry(ies) and/or the Winner Films including any rights of Exploitation thereof, to STAR, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Entries/Winner Films and/or any part thereof including along with its cognate forms and grammatical variations, and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in such Entry(ies)/Winner Film(s) or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry(ies)/Winner Film(s) and/or any part thereof from one form/format to another and in relation to the Entry(ies)/Winner Film(s) and/or any part thereof, for incorporation in a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Entry(ies)/Winner Film(s) into a film for theatrical Exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, AVOD, NVOD, SVOD, PVOD, FVOD) made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. To the extent that the assignment of all rights, title and interest in the Entry(ies)/Winner Film(s) and/or any part thereof, if any, subsisting in favour of the Participants/Winners, in relation to future medium or mode of exploitation of the Entry(ies)/Winner Film(s) and/or any part thereof is not held valid by operation of law, the Participants/Winners hereby grant an irrevocable, exclusive, sub-licensable, perpetual right to STAR and its affiliates for such future medium or mode of exploitation of their Entry(ies)/Winner Film(s) and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participants (including the Winners) hereby agree that the Participants/Winners shall not assign or in any other manner transfer their Entry(ies)/Winner Film(s), including any part thereof, for such means and modes of Exploitation of their Entry(ies)/Winner Film(s) and/or any part thereof, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to STAR without offering for assignment such modes or means of Exploitation of the Entry(ies)/Winner Film(s) and/or any part thereof for the entire world and in perpetuity to STAR. The Participants/Winners agree and acknowledge that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of their Entry(ies)/Winner Film(s) and/or any part thereof to any third party in breach of such obligation herein, anywhere in the world, shall be null and void. Further, STAR may Exploit the Entry(ies) and/or Winner Film(s) and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 does not apply to the Terms & Conditions. The Participants (including the Winners) agree to waive off their “Moral Rights” with respect to their Entry(ies)/Winner Film(s) and/or any part thereof as required. The Participants (including the Winners) shall do all acts and execute all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR herein.

 

14. The Participants/Winners who create and submit Entries/Winner Films understand, acknowledge and agree that they are doing so at their own risk. The Participants/Winners are advised to exercise all due caution in the creation and submission of their respective Entries/Winner Films. All Participants/Winners agree and accept that any physical or bodily injuries and/or death and/or loss or damage to person or property, if suffered by Participants/Winners in the course of creation and/or submission of their Entries/Winner Film(s), shall be the sole and absolute responsibility of the concerned Participants/Winners and STAR (and its affiliates, directors, officers and employees) shall not be responsible or liable for the same in any manner whatsoever.

[B] GENERAL RULES:

1. All Participants must be citizens of India residing within the territorial limits of India during the entire duration of the Contest. The Participants should not have any criminal conviction or an arrangement or a contract that prevents the Participant from participating in the Contest. Proof of age and residence/address, if requested, of the Participants, must be submitted to STAR within timelines as may be required by STAR to confirm the eligibility of the Participant(s).

2. Participants shall provide such information as may be required by STAR from time to time. Any incomplete submission will be considered invalid for the purpose of the Contest. STAR also reserves the right to disqualify a Participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant to STAR at any point in time during the duration of the Contest or thereafter.

3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Contest, without giving prior notice or reason. It shall be the sole responsibility of the Participants to check the rules and regulations of the Contest available on the corporate website of the Company. Non-conformance by the Participants to any the Terms and Conditions will make such Participant’s Entry null and void.

4. The Participants (including the Winners) acknowledge that in case the conduct of the Contest or enjoyment of the Prize cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as regulatory action/direction, war, industrial action, flood, drought or any act of God, then STAR shall not have any liability in this connection.

5. STAR and/or its group companies are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, ailment, death, mental and/or emotional trauma caused to any of the Participants (including the Winners) in any manner whatsoever, in connection to the Contest.

 

6. The Participants (including the Winners) shall hold harmless and indemnify STAR, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, liability, award, costs or expenses that may arise in connection with any act of the Participants/Winners and/or their Entry(ies) and/or the Winner Films including any third party intellectual property rights claims with respect to the Entry(ies) submitted by the Participants to STAR and/or with respect to the Winner Films pertaining to the Winners produced by STAR.

7. The Participants (including the Winners) shall not in any circumstances make any claims against STAR or its group companies, 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) affecting the participation or leading to non-participation in the Contest or any related activity by any such Participant(s) or Winner(s). If any Participant and/or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Entry will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Contest.

8. Employees of and/ or consultants of STAR and/or persons hired on contract by STAR, sponsors, and the members of their immediate family, are ineligible to participate in the Contest.

9. By participating in the Contest, it shall be construed that the Participants (including the Winners) have waived their right to raise any dispute with regard to the Contest and/or the Prizes, in any manner whatsoever, and have understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and have unconditionally accepted and agreed to comply with and abide by the Terms and Conditions. In the event of any fault, misunderstanding or dispute concerning any part of the Contest (including the Prizes), the decision of STAR shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participants and STAR and its group companies is not a confidential, fiduciary, or any other special relationship.

10. The Participant(s) (including the Winners) of the Contest agree that if so required by STAR, he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity") of any nature and on any platform whatsoever without any money payable to the Participants. Further, the Participants (including the Winners) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR or any of its group companies into public disrepute or denigrate any of the preceding or offend any community or public morals. In all public appearances, the Participant(s) (including the Winners) shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Network and/or any channel on the Network. The Participant(s) (including the Winners) agree that the footage/ picture/ photographs of the Participant(s) used during the course of the Contest or for the purpose of the Contest shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and on any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participants (including the Winners) agree and consent to the use of any text and/or information and/or any photograph and/or image and/or audio-visual recording and/or other components of his or her Entry(ies) and/or the Winner Film(s) on any channel/digital platform/social media handles, as STAR may deem fit, for the purpose of promotion of the Contest and/or the Network and/or any channels forming part of the Network and/or any event/program telecasted on the Network.

 

11. These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest with the courts of New Delhi, India.

 

-x-x-x-

 

CONSENT FOR PROCURING PERSONAL INFORMATION

 

In connection with participating in the “[•]” contest organized by Star India Private Limited, you hereby provide your consent for collection, storage, use, transfer and retention of your personal information and sensitive personal data or information as defined under the Information Technology Act, 2000 and the rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time (collectively, “ Personal Information”), which Personal Information is subject to: the Company’s personal data privacy policy and website privacy policy, available at http://www.startv.com/legal-terms-policies/#pdp and http://www.startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which you have read and understood. Additionally, you agree to, and understand the terms and conditions set out below:

(a) Your Personal Information (including but not limited to your name, location/city, email ID, phone number and address, the contents of your Entry and/or the Winner Film) is being collected by Star India Private Limited (“Company”) pursuant to Terms and Conditions available on the corporate website of the Company, in connection with the contest being organized by the Company called “[•]” (“ Contest”) in order to test your creative skills and your passion for the Chennai Super Kings (CSK) team. You hereby also agree that it is necessary for the Company to collect the Personal Information in connection with your participation in the Contest and for the uses set out below.

(b) Your Personal Information will be collected, retained and used by the Company only for the Contest and for promotional/gratification purposes around the Contest and for no other purpose.

(c) Your Personal Information may be used for the Contest, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Contest on the Star Sports network.

(d) The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify your Entry and/or participation in the Contest, as deemed fit and necessary by the Company at its sole discretion.

(e) All your Personal Information is true, correct and complete in all respects and in no circumstances, will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.

(f) The Company has provided me with the option to opt out of providing my Personal Information.

You hereby agree to abide by the Terms and Conditions of the Contest available on the corporate website of the

"Play2020" Contest

Terms & Conditions

Please read the following Terms and Conditions very carefully before entering this ‘Play2020’ (“Contest”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/ ‘ T&Cs’) govern Your participation in this Contest to be held on the television channels Star Movies and Star Movies HD (“Channels”) from January 1, 2020 to January 7, 2020 (“ Contest Period”) each day between the time band of 7 pm to 10 pm (“Contest Time”). You shall be required to answer/tweet your answers to the Contest Questions (defined below) in the manner set out hereinbelow on the official Twitter handle of ‘Star Movies’ at https://https://twitter.com/StarMoviesIndia (“Handle”). You (‘Participant(s)’ / ‘ You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation as listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify Your participation in the Contest. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Contest. You hereby agree and understand that Star India will have access to and collect information and data shared by the Participant’s Personal Information (as defined below) submitted by the Participant(s). You hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Contest and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content (as defined below). Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Contest shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Contest in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

 

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content:

 

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Contest;

iii. The Participant should be well versed in the English language - both written and spoken;

iv. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Star India to develop on the Content;

v. The Participant should have valid proof of age and educational qualification when requested by Star India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

vi. The Participant should abide by all the applicable laws at all times.

vii. Permanent and/or contract employees and directors of Star India, its immediate family member(s), subsidiary and/or affiliated companies, licensors, advertising and/or promotion agencies and each of their immediate family members are not eligible to enter the Contest.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

 

You hereby understand and agree that Star India reserves the sole right to disqualify and reject the Content and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

 

It shall be the sole responsibility of the Participant(s) to familiarize themselves with the Terms & Conditions of the Contest, including amendments thereof from time to time. Star India reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participants; (ii) make amendments to the existing Terms & Conditions and/or Contest Period and/or withdraw, change, alter, amend the Terms & Conditions, without any notification(s) to the Participant; (iii) extend or curtail the Contest Period and /or suspend or abandon the same at any time, without any notification(s) to the Participant, and the Participant shall have no objection to the same whatsoever, nor shall the Participant make any claims /disputes in respect of the same. You further understand and acknowledge that You shall be solely responsible to visit the Website from time to time in order to be informed of any updates, revisions, curtailments, extensions, in the Terms and Conditions, and/or, any abandonment or termination or postponement of the Content, and abide by the same without any recourse to Company, its authorised representatives, and each of their employees, for any reason whatsoever.

 

1.2. Qualification and parameters of Content: Star India invites all the eligible Participants to review the Contest Questions (defined below) broadcast on the Channels on each day of the Contest Period during the Contest Time and respond to the same by tweeting the correct answer within the respective Answer Periods (defined below) in Hindi language ( the same to be tweeted/typed in English dialect only) from the respective Participant’s Twitter handle and in text not exceeding 280 (Two Hundred and Eighty) characters (“Answer”) and mandatorily and using the Hashtags (defined below) and Tag (defined below), hereinafter collectively referred to as “Content”.

1.3. Contest Questions

On each day of the Contest Period, the question(s) “ What would the Bollywood remake of this movie be called ?”, (with a different movie name each day) shall be broadcast on the Channels within the Contest Time (“ Contest Questions”). For avoidance of doubt, it is clarified that the Answers/Content submitted by the Participants in the manner set out above must be relevant to the Contest Question(s) and must translate to mean the original movie name.

1.4. Answer Period

The Participant shall be required to submit their Answer(s) to the Contest Question(s) within the time commencing from 7 PM and ending at 11:59 PM oneach day of the Contest Period ( ‘Answer Period’).

For avoidance of doubt, it is clarified that any Answer(s) to any particular Contest Question(s) which is not submitted during the corresponding Answer Period(s) shall not be considered for the purpose of this Contest.

1.5. The Participant (s) should only submit Content which is:

i. Relevant to the Contest as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Contest.

ii. upload the Content on the Handle, by using the hashtags#StarMoviesPlayAt7 and #Play2020 (“ Hashtags”) and tagging @starmoviesIndia (“Tag”).

iii. original and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third part and/or privacy/personality rights.

iv. has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and /or any of its employees /directors /representatives;

v. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies.

vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights.

vii. is not of a nature giving a political and/or religious opinion/statement/remark.

viii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

 

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement.

 

2. Contest Mechanism :

The Contest shall comprise of 7 (seven) Contest Questions per day of the Contest Period which will be telecast by Star India on the Channels during the Contest Time. The order and frequency of each Contest Question shall be at the sole discretion of Star India. It is the sole responsibility of the Participants to watch the Channel(s) during the Contest Time in order to be informed of the Contest Question(s).

 

Stage 1. Submission of Content

After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with Clause 1.5 above, the Participant may submit the Content from the Participant’s Twitter handle. Participant(s) must enter the Contest on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one Twitter account, Star India reserves the right to disqualify such Participant(s) from the Contest.

 

Stage 2. Internal Review

1. Content posted by the Participant will be subject to Star India’s internal review and only a valid Entry (as defined below) shall be considered as valid/correct by Star India for the purpose this Contest. For the sake of clarity, a valid/correct entry shall mean 1 (one) correct and complete answer to any particular Contest Question (compliant with Clause 1.5 above) within the relevant Answer Period together with the Hashtags and Tags (“Entry ”).

2. Content without the Tag or Hashtag as specified above will be invalid and will not be considered as an Entry. Content with both the Tag and Hashtags specified above, however having an incorrect answer to a particular Contest Question will be considered invalid. Any Entry submitted by a Participant prior or post the expiration of the Contest Period and/or the relevant Answer Period, will not be considered to be a ‘correct’ Entry for the purposes of Contest, and will be deemed to be disqualified.

3. For each individual Contest Question, the Participant is required to tweet the Correct Entry separately during the relevant Answer Period(s). Single tweet answering multiple Contest Questions shall not be qualified as a valid Entry. Additionally, the Participant(s) may choose to provide multiple tweets/Entries to a particular Contest Question, however, the Participant(s) agrees not to spam and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

4. Upon completion of evaluation, all Entries that are most compliant with the Terms and Conditions herein and provide complete and correct answers/comments to the Contest Questions during the Contest Period shall be shortlisted by the Star India (“Shortlisted Entries”) for the purpose of choosing Winners (defined below) of the Contest.

5. Star India 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.

Stage 3. Result

 

1. At the end of each day of the Contest Period, from the Shortlisted Entries, a randomizer will be used to select20 (twenty) winners for that particular day (“ Daily Winners/Winners”). It is clarified that Daily Winners shall not exceed 20 (twenty) in number and accordingly the final contest winners during the Contest Period shall not exceed 140 (One Hundred and Forty) in number.

2. The Daily Winners who fulfil all the requirements set out in these Terms and Conditions including submitting of valid Documents (defined below) to the satisfaction of Star India shall be entitled to win the Prize (defined below).

 

Stage 4. Contacting Winners

1. The Winners who fulfill all the requirements set out in these Terms and Conditions including submission of valid Documents (defined herein below) to the satisfaction of Star India shall be eligible to win the Prize.

2. The Winners will be contacted via Direct Message (“ Private Message”) to provide their name, age, email ID, address and phone number (“Contact Details”) to hello@startv.com within 24 (twenty-four) hours of such Private Message. In the event any Winner(s) fails to submit their details, their Entry shall be invalidated. Subsequently, Star India shall be free to select any other Participant(s) as the Winners of the Contest, who has/have qualified as per the requirements under this Terms and Conditions, at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

3. Upon receipt of the Contact Details, Star India shall contact the Winners via email to submit (including but not limited to) scanned copies of their identity proof, age proof and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“ Documents”) within 24 (twenty-four) hours of such email. In the event, any Winner(s) fails to submit the Documents his/her participation shall be invalidated and Star India shall forfeit his/her chance to win the Prize. It is clarified that Star India shall be free to shortlist another Participant(s) in place of such forfeited Participant(s) (by way of randomization) and such decision shall be final and binding.

4. Star India shall make only one (1) attempt to reach the Winners after the Contest Period. In the event such Winner(s), fail to respond within the time period specified in sub-clauses (2) and (3) above, his/her selection as a Winner shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winner(s) of the Contest, who has/have qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

5. Upon successful communication and acceptance of the Prize by the Winners within the timelines as mentioned above and in accordance with these Terms and Conditions, STAR shall verify the Documents submitted by the Winner(s) and may requisition additional documents. The Winners agree to adhere to such requests to successfully complete identity verification procedure. Upon successful completion of such procedure, the Winners shall be entitled to Prize as specified below.

Stage 5: Winners and Prize

The Winners shall be entitled to win gifts/merchandise as may be chosen by STAR at its sole discretion, of price not exceeding INR 1200 (Rupees One Thousand Two Hundred only) (“Prize”). The Prize to be awarded to the Winners shall be decided at the sole discretion of Star India. It is clarified that all expenses and taxes in relation to the Prize shall be borne solely by the Winners, without any recourse to Star India.

ALL STATUTORY TAXES INCLUDING BUT NOT LIMITED TO GIFT TAX ETC. ALONG WITH INSURANCE IF APPLICABLE SHALL BE SOLELY BORNE BY THE WINNERS IN RELATION TO THE PRIZE. IN THE EVENT THE WINNERS DECLINE TO PAY AND BEAR THE APPLICABLE TAXES AND THE INSURANCE, THE PRIZE WILL THEN BE AWARDED TO THE NEXT PARTICIPANT ELIGIBLE TO BE QUALIFIED AS THE WINNERS AS DECLARED BY STAR INDIA. HOWEVER, IN THE EVENT, SUCH PARTICIPANT REFUSES TO PAY AND BEAR THE APPLICABLE TAXES AND INSURANCE, THEN STAR INDIA SHALL NOT BE OBLIGATED AWARD THE PRIZE/ GRAND PRIZE TO ANY PARTICIPANT(S) OF THE CONTEST. STAR INDIA SHALL NOT BE RESPONSIBLE FOR THE PAYMENT OF ANY APPLICABLE TAXES AND/OR INSURANCE IN RELATION TO THE PRIZE/ GRAND PRIZE.

Stage 6: Delivery of Prize

1. Star India shall dispatch the Prize to the Winners or courier the same to the address (in India only) as provided and confirmed by the Winners through the Documents as submitted.

2. Upon dispatch of the Prize, in case during transit, if any loss/damage etc. is caused / incurred, Star India will not be liable for any such defect/loss/damage etc. Star India shall not be responsible if the delivery is not possible due to reasons including but not limited to incorrect address provided by the Participant, package being unclaimed, etc. Further, 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 the Daily Winner/Weekly Winner is unreachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Winners.

3. For the sake of clarity, if the Winner(s) refuses to accept the Prize awarded upon physical delivery of the same, Star India 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, Star India 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 and such decision of Star India shall be final and binding

3. Other Terms

A. The Winners agree and confirm that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winners participating and winning the Contest, as the case may be, and that the Winners shall not be entitled to any further gratification at any time. It is clarified that the Prize is non-transferable and may not be exchanged for cash. If the Prize is not claimed or otherwise within the stipulated timelines as mentioned under these Terms, the Prize will be forfeited and may be awarded to an alternate winner(s) unless otherwise stated, at Star India’s sole discretion. All Prize(s)/Grand Prize are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In the event the Winners do not accept or agree to the terms as stated herein, the Prize shall remain with Star India, who on its own discretion may offer the same to the next eligible winner. Star India will not entertain any requests or claims to check/ audit/ challenge the logic of factors relevant for determining the winners. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners and the Winners cannot exchange the Prize for a gift of similar value. The Winners shall not sell, license or commercialize the Prize in any way.

B. Star India shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, Star India reserves the right to add or modify the Prize at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winners agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winners agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize. The Winners agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize shall be borne by the Winners and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

C. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, loss, outrage, dissatisfaction, death, mental trauma caused to the Participant(s) and/or the Winners in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

D. Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Documents provided by the Participant(s) and/or the Winners is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winners and/or Participant commits any breach of the Terms and Conditions. Star India shall have the right to declare another Participant(s) (selected by way of randomization) as the Winners and transfer the Prize to that person.

E. 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 data or information.

F. The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use exploit and/or utilize the Content during the Contest, as it may deem fit at its sole discretion. In consideration of being giving an opportunity to participate in the Contest, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. The format of the contest is Intellectual Property of Star India and any of the content of the same shall not be used by any third party. Star India reserves the right to deny any Participant(s) from participating in the Contest 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 deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India. Also for the sake of abundant clarity, at no point in time will Star India be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

4. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

4.1. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content uploaded/ submitted by You. Nothing in law, contract or otherwise restricts You from submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

4.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;

4.3. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);

4.4. You have not prior to the submission of the Content approached or submitted or pitched the Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons , broadcasters , production houses , media companies and /or Star India and /or any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever The Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

4.5. The details and any other information given by You in connection with the Entry and/or submission of the Content is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

4.6. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data or information.

4.7. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community or political party and/or is not likely to expose Star India to criminal or civil claims;

4.8. The Content shall not include any advertisements or solicitation of any business/es;

a. You undertake to ensure that the submission of Content is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Content): that belongs to another person and which You do not have right to;

b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

c. that harm minors in any way;

d. that infringes any patent, trademark, copyright or other proprietary rights;

e. that violates any privacy laws for the time being in force;

f. that violates any law for the time being in force;

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

i. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

j. that 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

k. For the avoidance of doubt, the Participant(s) agrees that Company has the right to remove any such material/Entry breaches the provisions of these Terms & Conditions without limiting the Company’s rights and remedies.

4.9. You hereby hold harmless and indemnify Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by Star India or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to Star India and/or possible acceptance of the Content by Star India; (v) if any representation, warranty or Personal Information submitted by You turns to be untrue, false and in accurate; and (vi) 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 Winner/Contest Winner and/or the material submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

5. General Rules

 

5.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content per se shall not be deemed to constitute acceptance by Star India and nothing herein shall be deemed to impose an obligation on Star India to accept and /or exploit and/or utilize the Content. You recognise that other persons may have submitted to Star India. or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Star India shall have the right to use, independent of You and /or your submission of Content.

5.2. An external third party digital agency may provide MIS/ report of user-wise tweets to Star India and Star India may initiate the assessment based on the same reports. Star India and/or the said external third party 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 “Tweet/Post/Submit” button. 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 in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company 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 subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

5.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of the Company, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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. You agree and declare that You have 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 Your participation in the Contest and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, 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 Content including any form of photographs, stills, literary works made by the Participant(s) or compilation and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

5.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

5.5. For the purposes of this Contest, by uploading and /or submitting/ his /her tweet on the Twitter platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter shall be resolved directly with Twitter, without any recourse to Star India.

5.6. The upload or submission of tweet will result in the use and consumption of data for which data charges as charged by participant’s internet/ telecom operator may apply. It will be participant’s responsibility to understand and enquire charges as may be applicable with your telecom operator. In case of using Twitter while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the participant.

5.7. The Participant will be solely responsible for complying with the terms stipulated by Twitter in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform(s) and/or on account of the Participant’s failure to comply with the terms imposed by such platform(s).

5.8. All the decisions relating to the Contest including but not limited to determination of Winner(s), Leader board, Number of Winners, Correct Entries submitted by the Participant(s), etc. shall be final and binding on all the Participant(s) and the same shall not be challenged or disputed by the Participant(s).

5.9. In the event any of the Entries submitted by the Participant(s) are deleted or are unavailable and/or the Participants’ Twitter Account is unavailable and/or suspended due to any reasons, the decisions made by Star India shall be final and binding on all the Participant(s).

5.10. You acknowledge and agree that the tweets submitted by you shall be made available for viewing, rating and reviewing. By providing any personal information to Star India, as part of the Entry, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their likeness or personal information furnished to Star India;

5.11. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter,amend the Mechanism of this Contest detailed under Paragraph 2 above without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the Website from time to time in order to be informed of the latest version of the T&C;

5.12. Star India will not entertain any claims/questions/queries with respect to the authenticity and/or correctness of any questions and answers for the questions asked during the Rounds of the Contest. Star India’s decision on the correctness or incorrectness is final and binding on all the participants.

5.13. You agree and understand that the decision of Star India with respect to the Content submitted by You will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

5.14. 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 of the Content and/or qualification of an Participant (s), Star India shall not be held liable either directly and/or indirectly in any event, and the decision of Star India shall be final and binding on You;

5.15. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

5.16. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Contest;

5.17. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

5.18. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets submitted by you.

5.19. The Participant(s)/ Winner(s) agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms & Conditions, the Contest, the Gratification and/or any other aspect related to the Contest.

5.20. 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 the Contest is delayed or postponed or cancelled;

5.21. Star India reserves the right to discontinue the Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

5.22. Star India 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 & Conditions set out herein or as may be revised by Star India from time to time. The decision of Star India in this regard shall be final and binding upon the Participant(s)/ Winner(s).

5.23. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. 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 You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, perpetual, sub licensable license to the Intellectual Property and Materials to Star India for use in the entire world in any media deemed fit, to the extent the assignment of Intellectual Property and Materials is invalid by operation of law;

5.24. Star India reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your personal information and/or Content (in part or whole) is not in compliance with the Terms and Conditions herein;

5.25. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, in the network and/or the cost of the call or internet session charged by the telecom/mobile operator etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

5.26. Star India shall not be responsible if any selected Participant is not available at their respective mobile numbers/ email id or the mobile numbers are unreachable at the time of the intimation call due to any reasons as a result of which, the Participant misses his/her chance. In this case, the Participant undertakes to not hold Star India responsible for the same;

5.27. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to Your participation in the Contest and You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

5.28. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive 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 forums in India to claim any damages or reliefs;

5.29. You hereby understand that Star India makes no representation and/or warranties regarding the Contest or any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;

5.30. Limitation of liability: By submission of the Content, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

5.31. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this T & C by You, Star India shall be entitled to any and all remedies in law and/or equity;

5.32. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

5.33. The Participant acknowledges and confirms that neither Star India licensors nor any of the Star India licensor’s affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participant.

 

5.34. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Contest shall be at Your 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 Contest. Star India makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platform including this section, (iii) any unauthorized access to or use of our 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 accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website 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 via the social media platforms/ Contest section including loss of Content posted by You, 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.

5.35. Star India are 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 in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.

5.36. While all attempts will be made to protect the data relating to the Contest from loss and/or corruption, participants agree and acknowledge that all systems are prone to failure and hacking attempts. Star India will not be responsible for any damage resulting from the loss of data or action taken by Star India on account of the same. Star India will not be responsible to make good any loss or dissatisfaction suffered by the viewer(s) or participant(s) on account of such loss.

5.37. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate and win Prize(s) of the Contest is through participation as described in these Terms & Conditions. Any person claiming that he/she can help you win the Prizes of the Contest for a consideration is defrauding you.

5.38. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You 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, including at the Themed Dinner otherwise Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

5.39. You hereby acknowledge that in case any portion/clause of these Terms 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 T & C shall be valid and binding and of like effect as though such provision was not included herein;

5.40. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at Star India in connection with this Contest; and agree to make no public press announcements or information for publication without the explicit approval of Star India.

5.41. You further understand and acknowledge that nothing herein obligates Star India to maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publically; or (b) has been made available to Star India by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Star India or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Star India from any third party;

5.42. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

5.43. You 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.

5.44. The Contest shall be null and void in any jurisdiction where prohibited by law.

5.45. The T&C shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Contest, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.

5.46. Subject to the provision of Paragraph 4.40 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 Mumbai, India.

5.47. You acknowledge that in case the Contest and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India 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 seven (7) days, then Star India shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

5.48. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

5.49. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

5.50. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

5.51. You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Program is voluntary and out of You free will and consent, without any monetary compensation whatsoever.

5.52. You acknowledge and agree that upload and submission of your tweets does not necessarily entitle You to win a Prize.

5.53. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to you. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) gives his/her consent to Company and/or any other agency on behalf of Company to make the footage of the participation in the Promotional Activity The Winner(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 Winner(s) shall vest with Company and be owned by the Company, including but not limited to all intellectual property rights in and to such footage worldwide and in perpetuity and Company may exploit the same in any manner and in any media whatsoever at any time throughout the world, without any additional compensation payable to the Winner(s).

5.54. Star India recommends the Participant to maintain privacy of his/her personal details and not mention the phone number or any other personal details on the social media platform.

5.55. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

5.56. 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 You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the You and Star India, in this connection.

5.57. You hereby acknowledge that You have 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. In case of any queries in relation to this Contest, you can write to hello@startv.com. Star India shall endeavour to reply to the same within a reasonable time.

“Made in China- Promotions” Activity

TERMS & CONDITIONS

These terms and conditions (‘Terms’/’Terms and Conditions’ ) govern the missed call activity titled “Made in China- Promotions” (‘ Activity’) organized, conducted and brought to you by STAR India Private Limited (‘STAR India’) on its television channels and Star Gold India’s online platform (‘Channels’ ) for promotion of the television premiere of the Film “Made In China” (‘Film’) to premiere on the Channels at 8 PM on 11th January, 2020. The Activity shall commence from 27th December, 2019 at 15:00 hours IST and shall conclude on15th January, 2020 at 20:00 hours IST (‘ Activity Period’).

You (‘Viewer(s)’/ ‘You’) may voluntarily participate in the Activity if you agree with these Terms and Conditions. If you do not agree or cannot comply with any of the Terms then, please do not participate in the Activity. You can access/view these terms at the following URL:https://www.startv.com/legal-terms-policies/#ctc (‘ Website’).

The Activity will be held on the Channels during the Activity Period and is open for participation by Viewers/users of the Channel in India only.

You hereby agree and understand that STAR India will have access to and collect information and data shared by You including your Personal Information (defined below) submitted by You during the course of the Activity. By giving missed call as per the Activity Mechanism (as defined below), You consent to the collection, receipt, storage, processing, disclosure, transfer, use, retention and sharing of the Personal Information by STAR India, its affiliates, and designated third parties in accordance with the terms of STAR India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”). By participating in the Activity, You have read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions including these Terms and to the Privacy Policy. If you do not agree to be bound by or cannot comply with any of these Terms and the Privacy Policy, please do not proceed to participate. The decision of STAR India for all matters relating to your participation shall be final and binding in all respects. The Activity shall be governed by the Principal Rules and General Rules stated herein below.

The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to participation by the Viewer(s) gathered hereunder or pursuant to the Activity by STAR India (if any) (“Personal Information”).

By participating in the Activity it is deemed that the Viewer(s) have read, understood, accepted and agreed to irrevocably and unconditionally abide with and be bound by all the Terms and Conditions of the Activity and the Privacy Policy. If you do not agree to be bound or cannot comply with any of the Terms, please do not continue.

I. PRINCIPAL RULES

1. The Activity will be announced and promoted through promos on the Channels and/or social media platform and/or any other means at the sole discretion of STAR India, and such promotion will continue till 15 th January, 2020 and/or till any other time, based on the sole discretion of STAR India.

2. During the Period the Viewers can engage in the activity by calling on the number displayed on the promo video of the Film. The Viewer(s) interested in participating can call on the number. The call will automatically get cut in one ring post which the caller will get an SMS thanking him/her for their interest.

3. The Activity number is: 7036125000

4. STAR India will sufficiently promote the Activity on the Channel and its social media platforms, to ensure that no Viewer is misled, and each Viewer fully understands the entire process and costs (if applicable) for missed call. It is clarified that all costs (if any) towards the missed call shall be borne by the Viewer solely without any recourse whatsoever to STAR India and/or the Channel.

5. The missed call for the Activity shall be made in such manner as stated hereinabove and must be made by the Viewer(s) during the Activity Period mentioned only. Missed calls sent before or after the Activity Period stated in these rules and regulations shall not be considered and shall be null and void (Each an ‘Entry’).

6. Standard calling rates may or may not be applicable for Viewers to participate in the Activity through missed call. It will be Viewer(s) responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of missed call while roaming in different circle/zone, additional roaming rates may be applicable. Star India shall not be responsible for any such charges incurred by the Viewer(s).

7. Any costs or expenses incurred to participate in the Activity shall be solely borne by the Viewers and STAR India shall not be liable for any such costs or expenses.

8. Entries received by STAR India after the Activity Period or beyond the stipulated time, shall be null and void without requirement of any further intimation by STAR India.

9. It is agreed that STAR India shall not be responsible in the event the Viewer in unable to give the missed call and it is not received by STAR India due to any technical error of any nature whatsoever.

10. The Viewer agrees and acknowledges that the opportunity to participate in the Activity is the sole consideration to the Viewer; and save and except as stated otherwise within these Terms, the Viewer is not entitled to receive any gratification, prize, monetary or otherwise, for participating in the Activity and/or for an Entry.

11. STAR India reserves the right to disqualify any Viewer(s) from participating in the Activity if the Viewer(s) are found to be in breach of any provisions of these Terms. The decision of STAR India in this regard shall be final and binding upon the Viewer(s) and the Viewer(s) shall not at any time challenge and/or dispute such decision of STAR India.

II. General Rules

1. The Viewers interested in participating in the Activity must be above the age of eighteen (18) years, must be a citizen of India and must be a resident of India during the applicable Activity Period. The Viewer should not have a criminal conviction or an arrangement or a contract that prevents the Viewer from participating in the Activity. STAR India also reserves the right to disqualify a Viewer in case a discrepancy is found in the information furnished/provided/stated by the Viewer at any point in time. Permanent and/or contract employees and directors of STAR India, its parent, subsidiary and affiliated companies, advertising and promotion agencies and each of their immediate family members are not eligible to participate in the Activity.

2. STAR India reserves all rights to make amendments to the existing Terms or withdraw, change, alter, amend the Activity mechanism, Terms, Activity Period and/or any aspect related to the Activity without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms from time to time.

3. All the Entries will be stored in a backend system operated by STAR India and/or any person/agency appointed by STAR India.

4. STAR India reserves the right to cancel and/or reschedule the Film and/or Activity and/or extend or alter the Activity Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the Viewer(s).

5. In the event of any fault, misunderstanding or dispute concerning any part of the Activity the decision of STAR India shall be final and binding.

6. The Terms shall be advertised sufficiently across the Channels and Website to ensure that no Viewer is misled and understands the entire Activity process and the costs associated completely prior to participating in the Activity. In case any Viewer is found to be in non-conformance of these Terms or STAR India Privacy Policy then, STAR India will disqualify the Entry received from such Viewer.

7. STAR India 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 Viewer(s) in any manner whatsoever, in relation to the Activity.

8. The Viewer(s) shall not in any circumstances make any claims against the STAR India 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 the Viewer(s)’s participation or inability to participate in the Activity or any related activity, to the extent permitted under law. If the Viewer(s) is found to be ineligible, or if he or she has not complied with these Terms, the corresponding Entry will stand disqualified and such decision of STAR India shall be final and binding.

9. STAR India shall not be responsible for any cost, expenses, taxes, duties, charges, fees and/or any levies applicable under the laws of India, in relation to the Vote(s), Activity and any such costs, if applicable, shall be solely borne by the Viewer(s).

10. STAR India and/or the Channels 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 missed call or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving either STAR India and/or the Channel.

 

11. In case of any telecom and /or network failure and /or technical failure in logging on to the official Website and/or for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change the Activity Mechanism and /or cease from accepting Entries of the Viewers, in any manner it may deem fit and necessary. In addition STAR India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Activity / Activity Mechanism including without limitation Activity failure in the mechanism of recording missed call/phone lines being open /close or default /internet lines logging on automatic acceptance of Entries beyond the Activity Period due to technical /technological restrictions and /or due to reasons /events/incidents beyond the reasonable control of STAR India.

12. By participating in the Activity or accessing the Website or these Terms, it is deemed that the Viewer has read, understood, accepted and agreed to abide with these Terms as set out herein and is unconditionally bound by the Website terms of use and STAR India Privacy Policy as uploaded on the Website, which are incorporated herein by this reference.

13. STAR India makes no representations and/or warranties regarding the Activity, or any matter in connection therewith other than those expressly given in these Terms and hereby expressly disclaims all other warranties, expressed or implied.

14. By participating in the Activity , the Viewer(s) shall hold harmless and indemnify STAR India, the Channel, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewer(s) and/or their family members/friend’s invited by the Viewer(s), in any manner whatsoever in connection with the Activity 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 or otherwise.

15. LIMITATIONS OF LIABILITY: BY ENTERING THE ACTIVITY, EACH VIEWER ACKNOWLEDGES AND AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY 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 ACTIVITY (IF ANY), NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL STAR INDIA AND/OR STAR INDIA ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER DIRECT OR INDIRECT, ARISING IN ANY WAY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN ANY CASE STAR INDIA’S ENTIRE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE TOTAL MONETARY VALUE OF RUPEES HUNDRED.

16. STAR India reserves the right to disqualify any Viewer if his/her conduct is found to not be in concurrence with these Terms or is in infringement or contravention of any third party rights, intellectual property rights or applicable laws, rules or guidelines.

17. Each Viewer hereby acknowledges and agrees that the relationship between the Viewer and STAR India, the Channels and its affiliated companies is not a confidential, fiduciary, or any other special relationship.

18. Each Viewer(s) acknowledges that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible, and the remainder of these Terms shall be valid and binding and of like effect as though such invalid or unenforceable provision was not included herein.

19. Viewer(s) acknowledges that Viewer(s)’s representations, warranties, indemnities, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

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

21. The Terms shall be construed in accordance with the laws of India and any dispute or other matter arising in reference to the Activity or these Terms shall be referred to arbitration by 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, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Viewer who has raised the dispute.

22. Subject to the provision of paragraph 21 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 Mumbai, India.

23. In case of any queries in relation to this Activity, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

Yeh Rishta Kya Kehlata Hai -#1000EpisodesofKaira Contest

Terms & Conditions

These terms and conditions (‘Terms and Conditions’/ ‘T&C’) govern contest titled ‘Yeh Rishta Kya Kehlata Hai - #1000EpisodesofKaira Contest’ (‘YRKKH Contest’) organized and conducted by STAR India Private Limited (‘STAR India’ / ‘Us’ / ‘We’) during the Contest Period. You (‘Participant (s)’ / ‘You’ / ‘Your’) may voluntarily visit and submit the Content (defined later) if You agree with these T&C hosted on startv.com/1000episodesofkaira (“Website”) and are eligible as per Principal Rules and General Rules for participation listed herein below. If You do not agree and/ or cannot comply with any of the T&C, then, please do not: (i) proceed further with the Contest, and/or (ii) submit any Content and/or (iii) visit this section of Website. Participation in the Contest shall be open and valid only from December 19, 2019 at 11:00 A.M. till January 12, 2020 at 11:00 A.M. (“Contest Period”). Company may alter the duration of the Contest Period at its sole and absolute discretion. Submissions sent after the Contest Period shall be deemed null and void.

Star India hereby invites all the interested fans of the television show “Yeh Rishta Kya Kehlata Hai” (“Program”) to share their unique, original and interesting loglines and storylines for one fictional scene in the Program in a written format, incorporating the mandatory Program elements elaborated in Paragraph 2, hereinbelow (‘Content’) to Star India by submitting the same to Star India, only on the designated page on the Website, as stated therein.

By participating in the YRKKH Contest and uploading and submitting Content in the manner as stated herein, it is deemed that the Participant(s) have read, understood, accepted and agree to irrevocably, unconditionally abide by and be bound by all the terms and conditions and the Privacy Policy. If you do not agree to be bound by or cannot comply with any of the T&C and Privacy Policy, please do not continue.

You hereby agree and understand that by entering the YRKKH Contest, Star India will have access to and collect information and data shared by the Participant including his/ her personal information for the purposes of participating in the YRKKH Contest and the Submission (“Data”). By accepting the T&C on the Website, and by participation and submission of the Submission, each Participant consents to the collection, storage, disclosure, use processing and the transfer of and sharing of the Data by Star India, to its affiliates, and designated third parties in accordance with the terms of the Website Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

You are required to click on the tab ‘I ACCEPT’ at the end of the page. The failure to accept these Terms and Conditions by You will disqualify your Content and your participation in the YRKKH Contest.

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person (s) who do not comply with the following criteria should not upload/submit Content pertaining to the YRKKH Contest:

i. The Participant must be an Indian citizen who is residing in India;

ii. The Participant must have completed 18 (eighteen) years of age and be eligible to enter into a contract, at the start date of the Contest Period;

iii. The Participant must not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Star India to develop on the Content;

iv. The Participant should must have ready a government issued proof of identity and age, if requested, to be submitted to Star India as may be required to confirm the eligibility of the Participant;

v. The Participant must abide by all the applicable laws at all times.

vi. The Participant must confirm whether or not the Content has been previously registered.

In the event You fulfil all the criteria above, then You may submit the Content on YRKKH Contest. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject Submission (defined below) and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.2. Qualification and parameters of Content: The Participant (s) should only submit Content which is:

i. In word file format - the word limit not exceeding 500 words or PDF format- the size not exceeding 2 MB, on the Website as per the in-built mechanism and terms stated. Any Content uploaded or submitted in any manner or as per the format /specifications other than that prescribed herein will be deemed invalid and will be disqualified from participating in YRKKH Contest.

ii. Self-descriptive of the universe, the characters, the highpoints of the story, unique plotline, character journeys around which the story or plot of the Participant’s Content revolves around or is based upon.

iii. entirely original and authored/ owned by the Participant (s) alone in his individual capacity;

iv. has not prior to the Submission in the manner as set out below, pitched or shared or presented to Star India and /or any of its employees /directors /representatives.

v. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies;

vi. is not blasphemous, defamatory, violative of any applicable laws and/or in any manner infringes the right of third party/ies and /or their privacy rights;

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.9. herein below.

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement.

2. Mechanism Of YRKKH Contest:

2.1 Stage 1 - (i) the Participant shall submit in his/ her own words submit the title of the Content;

(ii) thereinafter the Participant shall in his /her own words (not exceeding 500 words) draft a logline and a storyline (in either Hindi or English language), which is the written description of the Content. The Content shall comply the following mandatory requirements:

(i) The storyline of the scene must be set in ‘Goenka House’

(ii) The storyline must include the characters of Kartik and Naira. It may also optionally include Kairav.

(iii) The scene must not be longer than 1 minute, in the event it were to be filmed.

After ensuring that the Content is in compliance with the requirements listed in Paragraph 1.2. and 2.1 above, and such other terms as set out in these Terms and Conditions, You may upload the Content on the relevant page on the Website as stated therein. As mentioned earlier, the Content must only be in written format in the manner as stated hereinabove. Along with the Content You will have to provide the following details (“Details”):

(i.) Participant’s Name

(ii.) Participant’s Email address and Phone number

The Details along with the Content will be hereinafter collectively referred to as the “Submission”.

2.2 Stage 2 Registration: At this stage, you will be required to read and accept the T&C of the YRKKH Contest. Once You accept the T&C, You may submit the Content and the Details, we will register You by creating a Unique ID for Your Submission. Once submitted, you will not have the right to delete/ remove the Content without prior permission from Star India. You will be free to make more than one Submission. It is further clarified that the same Content cannot form part of more than 1 (one) Submission.

2.3 Stage 3. Acknowledgement by Star India: Once You make the Submission in the mode and manner as prescribed herein, Star India will send You an e-mail acknowledging receipt of Your Submission and share with You the Unique ID created for such Submission. The Content submitted by You can be viewed only by Star India. It is clarified that for every Submission made by You, You will be provided with a different corresponding Unique ID.

2.4 Stage 4. Internal Review: After receiving Your Submission, Star India will internally review the Content within a period of 45 (Forty Five) days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion. The Content will be judged on the following parameters:

· Creativity - How well the overall elements of the storyline and scene work in tandem with each other;

· Chemistry – How well the passion between the two characters, i.e. Kartik and Naira has been portrayed in the scene and storyline;

· Originality – How unique the scene and storyline is;

· Visual Appeal - Whether the scene and storyline has a distinctive visual appeal and setting; and

· Authenticity - How well the storyline and scene capture the essence of ‘Kaira’, i.e. the characters of Kartik and Naira.

Star India reserves the sole right to set internal parameters for review and judgment of the Content submitted. Each category is allocated 20 points. The Content shall be judged by a panel of 5 judges, selected by Star India in its sole discretion and which shall constitute individuals directly involved in the production of ‘Yeh Rishta Kya Kehlata Hai’. The scores of all the judges for each Submission will be added and the Participant with the highest overall score shall be declared the winner, by Star India. In the event of a tie, Star India reserves the right to select the winning Submission, at its sole discretion.

2.5 Stage 5. Result and Prize:

(i) Within a period of 60 (Sixty) days of the end of the Contest Period, the sole winner of the YRKKH Contest shall be decided, who shall be the Participant whose Content has been adjudged with the highest number of points as set out under Paragraph 2.4 above (“Winner”).

(ii) The Winner shall be given an opportunity for the Winner’s Content to be developed into a scene which may be included as a part of one or more episodes of the Program or such other prize as Star India may in its sole discretion, decide (“Prize”), subject to Paragraph (iv) below.

(iii) Star India will communicate the decision to the Winner via e-mail and state that the programming team of Star India shall get in touch with Winner for further development of the Content and other related formalities relating to the Prize.

(iv) As a mandatory pre-condition to receiving the Prize, a separate written agreement will be executed between Star India and Winner in respect of the Content and its development and setting out the mutual rights and obligations of the parties at that point of time. Winner agrees and acknowledges that the execution of a written agreement is a material pre-condition for Star India agreeing to develop, exploit or utilize the Content for the aforementioned purposes, as it may deem fit at its sole discretion. Winner acknowledges and undertakes to keep all the discussions, negotiations with respect to such written agreement including the contents of the written agreement entirely confidential or any other communications with respect to YRKKH Contest entirely confidential.

2.6 Winner of the YRKKH Contest:

a) The final selection of the Winner shall be made by Star India and shall be final and binding on all Participants/Winner and in no event shall the Participants/Winner dispute the decision made by the Star India or its employees in connection to the Submission and /or the YRKKH Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the YRKKH Contest and/or the selection process to qualify for the YRKKH Contest, the decision of Star India shall be final and binding.

b) Winner agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner participating and winning the YRKKH Contest, and that the Winner shall not be entitled to any further gratification or monetary compensation at any time.

c) The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize in any manner whatsoever.

d) Star India shall not be responsible or liable for any change in the Prize.

e) The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same.

f) The Winner agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize.

g) Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Details or Data provided by the Participant and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant and/or the Winner. Star India shall have the right to declare another Participant as the Winner of the Contest and transfer the Prize to that person.

h) The Winner 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.

i) The Winner of the YRKKH Contest agrees that he/she shall make himself/herself available from time to time and co-operate with Star India and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with Star India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

j) All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

k) The Winner 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.

2.8 In case of rejection, Star India will communicate the same to You via e-mail and after this communication from Star India, you shall be free to use and exploit the Content as per Your discretion.

2.9 All communications from Star India will be made to the email/address submitted by You as part of the Details.

3. Representations, Warranties and Indemnities by You:

You hereby represent, undertake and warrant as follows:

3.1. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content uploaded/ submitted by You. Nothing in law, contract or otherwise restricts You from making the Submission or part thereof and You are fully authorised and entitled to make the Submission.

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India.

3.3. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);

3.4. You have not prior to the Submission approached or submitted or pitched the Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies and /or Star India and /or any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever. The Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

3.5. The Details and any other information given by You in connection with the Submission is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

3.6. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data or information.

3.7. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

3.8. The Content shall not include any advertisements or solicitation of any business/es; and:

a. You undertake to ensure that the Submission is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly, You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Submission): that belongs to another person and which You do not have right to;

b. that is harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

c. that harm minors in any way;

d. that infringes any patent, trademark, copyright or other proprietary rights;

e. that violates any law for the time being in force;

f. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g. by making a Submission by impersonating another person;

h. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

i. that 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 cognisable or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Star India, their employees, officers, sub-licensee, assignees, representatives and agents from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by Star India; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to Star India and/or possible acceptance of the Content by Star India and (v) if any representation, warranty or personal information made by You turns to be untrue, false and inaccurate. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

4. General Rules:

4.1. You hereby agree and acknowledge that You and Star India have not yet reached any agreement concerning the use of the Content, and that no obligation of any kind is assumed by Star India or may be implied against Star India by a mere submission of the Content by You, until an acceptance and a written contract in this connection is executed between You and Star India, inter se, in this regard, subject to the provisions of these Terms and Conditions;

4.2. Star India reserves all rights to make amendments to the existing Terms and Conditions or withdraw the YRKKH Contest without any recourse and/or liability to any/ all of the Participant(s) whatsoever and without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the YRKKH Contest and the Privacy Policy on the website of Star India i.e., www.Startv.com.

4.3. Accessing this YRKKH Contest section of the Website and / or making a Submission shall not be deemed an assignment in favour of Star India until the execution of a separate agreement between You and Star India for the development, utilisation or exploitation of the Content, acceptance of which has been duly communicated to you in the manner as set herein. However, You agree and undertake that from the date of completing the process of Submission as per the terms stated herein, You shall not approach or deal or pitch the Content forming part of that particular Submission in any form whatsoever to any third party for any purposes whatsoever and /or shall not in his /her individual capacity exploit, utilise and develop such Content for any purposes whatsoever. This being the material understanding essential for participating in YRKKH Contest. Breach of this understanding and /or if Star India comes to know or is notified about such breach you, then Star India shall have the right to disqualify your participation and Submission forthwith. Only after a rejection is communicated by Star India, You would be free to deal with the Content in any manner as deemed fit by you;

4.4. You understand that Your Submission to Star India does not imply that Star India regards the Content, or any part thereof, as being either novel, unique, valuable or usable. The Submission per se shall not be deemed to constitute acceptance by Star India and nothing herein shall be deemed to impose an obligation on Star India to accept and /or exploit and/or utilize the Content. You recognize that other persons may have submitted to Star India or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Star India shall have the right to use independent of You and /or your Submission. All the legally protectable elements in the Content submitted by you shall remain protected under the applicable laws and shall continue to vest with you until accepted as per the terms stated herein;

4.5. You waive 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 or any other jurisdiction, against Star India and/or the channels, its employees, or any other person in respect of any physical, mental and emotional trauma or financial loss that You may undergo during or after the telecast of the Program or in relation to the YRKKH Contest in any manner whatsoever. You hereby waive any and all rights of privacy, etc.

4.6. You acknowledge, agree and accept that no information arising out of or related to your participation in the YRKKH Contest shall constitute or be deemed as confidential information and You hereby expressly authorize the disclosure of all such information, including without limitation biographical and personal information, through broadcast, telecast, print, internet or any other media, technology in existence or that may be later known or devised, as Star India and/or channels may deem fit.

4.7. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Mechanism of YRKKH Contest detailed under Paragraph 2 above without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the Website from time to time in order to be informed of the latest version of the T&C;

4.8. You agree that Star India shall not be responsible if You are unable to access the Website at any point of time, and as a result of which, You lose the chance to participate in YRKKH Contest or complete Your Submission and/or upload the Content;

4.9. Star India shall in good faith endeavor to use all reasonable measures to safeguard against public access to Content submitted by You. You acknowledge that Star India will not be liable in case the Content gets leaked or published without the knowledge of or active act of commission by Star India. For the sake of privacy, exclusivity and confidentiality, You shall refrain from divulging details and/or sharing the Content with any other person. You shall not, at any time, make and/or issue any statements in respect of the Content and/or Star India and/or any proposed exploitation of the Content (if any), without the prior written consent of Star India.

4.10. You agree and understand that the decision of Star India with respect to the Content submitted by You will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

4.11. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the YRKKH Contest and/or the selection process of the Content and/or qualification of an Participant (s), STAR India shall not be held liable either directly and/or indirectly and in any event, and the decision of
STAR India shall be final and binding on You;

4.12. You hereby agree, represent and undertake to execute and produce such further documents as may be required by Star India promptly, as and when called upon, in relation to the YRKKH Contest. Star India reserves the right to reject the Content in case of non-submission and/or delayed submission of Content;

4.13. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the YRKKH Contest;

4.14. You hereby understand that, upon completion of Submission, You shall not withdraw the Content from the YRKKH Contest for any reason whatsoever;

4.15. You hereby agree, acknowledge and understand that by making the Submission a per the terms herein, Star India does not make any guarantee with respect to accepting the same and /or making of a show/ program based on Your Content even after the same is accepted by Star India. Star India holds the sole and exclusive right to not proceed with the production and/or discontinue the production of a show/ program based on Your Content if Star India so decides for any reasons whatsoever. You hereby agree not to hold Star India and/or any of its employees, directors, consultants or representatives, liable in respect of or relating to the selection/ short listing of Content;

4.16. Star India reserves the right to discontinue the YRKKH Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever;

4.17. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. But, 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 herein;

4.18. Star India reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your personal information and/or Content or the Submission made by You (in part or whole) is not in compliance with the Terms and Conditions herein;

4.19. 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 call or internet session charged by the telecom/mobile operator etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

4.20. Star India shall not be responsible if any selected Participant is not available at their respective mobile numbers/ email id or the mobile numbers are unreachable at the time of the intimation call due to any reasons as a result of which, the Participant misses his/her chance. In this case, the Participant undertakes to not hold Star India responsible for the same;

4.21. Star India 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, in relation to the Your participation in the YRKKH Contest. You hereby agree that any such amount shall be solely borne by You;

4.22. You hereby understand that Star India makes no representation and/or warranties regarding YRKKH Contest or any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;

4.23. Limitations of liability: by submitting content on YRKKH Contest, you acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the YRKKH Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India and/or Star India entities be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
Without prejudice to the foregoing, in any case Star India’s entire liability under these terms and conditions shall not exceed the total monetary value of rupees hundred.

4.24. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this T &C by You, Star India shall be entitled to any and all remedies in law and/or equity;

4.25. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere Submission shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

4.26. All costs and expenses in relation to the YRKKH Contest and Your Submission shall be borne solely by the Participant (s). STAR India shall in no manner bear any responsibility or liability for any delay or other eventuality that results in the Participant (s) being unable to participate in the YRKKH Contest.

4.27. Warranty Disclaimer: You agree that Your use of the Website, upload and participation in YRKKH Contest shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with YRKKH Contest and Your use of the Website. Star India makes no warranties or representations about the accuracy or completeness of the content of this Website including the YRKKH Contest section or the content of any websites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Website including the YRKKH Contest section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website including the YRKKH Contest section, (iii) any unauthorized access to or use of our 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 our Website / YRKKH Contest section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website 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 via the Website/ YRKKH Contest section including loss of Content posted by You, 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.

4.28. You hereby acknowledge that in case any portion/clause of these Terms 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 T &C shall be valid and binding and of like effect as though such provision was not included herein;

4.29. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at Star India in connection with the YRKKH Contest;

4.30. You further understand and acknowledge that nothing herein obligates Star India to maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publically; or (b) has been made available to Star India by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Star India or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Star India from any third party;

4.31. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

4.32. You 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 and/or YRKKH Contest into public disrepute.

4.33. The T&C shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to the YRKKH Contest, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.

4.34. Subject to the provision of Paragraph 4.33 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 Mumbai, India.

4.35. You acknowledge that in case the YRKKH Contest and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India 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 seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the YRKKH Contest and/or participation of an Participant forthwith and such decision shall be final and binding.

4.36. The contents as detailed in these Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the You and Star India, in this connection.

4.37. You hereby acknowledge that You have fully read these Terms and Conditions and voluntarily, without coercion or any undue influence on the part of Star India and with complete understanding of all of the terms and conditions contained herein shall agree to the contents of these Terms and Conditions.

Master Chef India Contest

Terms & Conditions

The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest ( as defined below) as detailed herein for participation in the “Star Asianet Middle East Master Chef India Contest” (“Contest”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in the UAE (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited together with its affiliates, including but not limited to Star Asianet Middle East FZ LLC (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

Your act of participating in the Contest shall be deemed to be your absolute agreement to the rules and regulations, terms, Privacy Policy 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 accept these Terms and Conditions will disqualify your participation in the Contest.

The Contest shall be governed by the Terms and Conditions, and, by entering the Contest, each Participant acknowledges that he/she has read and understood, and unconditionally agrees to comply with and abide by these Terms and Conditions. The decisions of STAR on all matters relating to the Contest shall be final and binding in all respects.

The Privacy Policy available at the Website at www.startv.com shall govern all usage of any personal information and/or any other information as detailed in the Privacy Policy, including but not limited to, any information in relation to your participation in the Contest, gathered under, or pursuant to this Contest by STAR (if any).

STAR shall promote the Contest on the channels “S tar Plus Middle East”, “Star Bharat ME”, “Star Gold International” “Asianet ME” (“Channel(s)”) and on its Facebook Page at the https://www.facebook.com/STARPlusMiddleEast/ and https://www.facebook.com/AsianetME/ (“Facebook Page”)

The Contest shall commence on 19th December 2019 at 12:00 AM UAE and shall conclude on 9th January, 2019 at 11.59 pm UAE (“ Contest Period”).

(I) Participants Eligibility

 

To participate in the Contest the Participant(s) must comply with the below:

1. The Participant(s) must be citizens/resident of the Territory and of twenty-one (21) years of age or above at the start date of the Contest Period.

2. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract.

3. The Contest is not open to the employees (permanent or contract) and directors, including each of their immediate family members, of (i) STAR, its parent, subsidiary and affiliated companies (collectively, “ STAR Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and or entities connected with the promotion of the Contest (collectively, “Sponsors”).

4. STAR reserves the right to verify the eligibility of all Participants.

5. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s Entry(s) as null and void.

(II) Participation Mechanism:

 

1. The Participant will take video on their twist of any famous dish and send the video through transfer links along with his/her mobile number to: marketingme@startv.com (“Entry”).

2. Only the first Entry per Participant(s) shall be allowed and considered for the purpose of the Contest. For the sake of clarity, if a Participant(s) has/have submitted their first entry with the incorrect answer and subsequently with the correct answer, only the first Entry shall the considered for the Contest, the subsequent Entry shall be considered null and void.

3. An Entry will be deemed valid only on completion of the full details requested.

4. Any details submitted must be accurate and complete and are subject to proof upon request by STAR.

5. Participant(s) must enter the Contest on her own behalf and Entry(ies) by proxies will not be accepted.

6. The Entries received before the commencement or after the expiration of the Contest Period shall be void. Any incomplete and/or illegible entries will result in disqualification from entry into the Contest and the receipt of any prize.

7. STAR shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, STAR shall not be responsible for technical errors of any nature whatsoever that results in a Submission not being received. Any automated receipt of confirmation does not constitute proof of actual receipt.

8. Only eligible Submissions/Entries received during the Contest Period will be included in the Contest.

9. Submissions should state all the required information asked from the Participant(s). If the same is not complied with, then the Submission will not be considered and will be disqualified.

10. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirm that the Entry is in compliance with all applicable laws of the Territory and agrees to keep STAR, STAR Entities and/or Sponsors indemnified from any claim thereto.

11. The Participant(s) agrees that the Entry shall be free of any virus/Trojans/spyware/malware or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intend to harm and/or provide unauthorized access to the recipient’s computer and the data therein.

12. The Participant(s) represents and warrants that the persons appearing in the Entry are the Participant(s) and her relatives alone and are not a group of friends or acquaintances. The Participant(s) represents that the Entry is authentic and not fabricated for the purposes of the Contest.

(III) Selection Process and Gratification:

1. STAR shall within Fifteen (15) days after the expiry of the Contest Period shortlist one (1) Participant randomly who has has the best recipe (“Winner”). Such Winner shall be required to fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR.

 

2. The Winner will be contacted via email through which the Entry was submitted. Such Winner will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company, to verify the personal information provided by the Participant(s) including but not limited to age proof and address proof (eg. Passport/Resident VISA/ any other valid ID for verification) (“Documents) within next 48 (forty-eight) hours of contacting them. Each of the selected Winner(s) shall be required to furnish the necessary documentation in original to confirm the eligibility details, etc. In case the said Winner(s) is unable to furnish the original document(s) to verify the eligibility details, the said Winner(s) shall be disqualified from the Contest, based on the sole discretion of the Company. In the event, Winner fails to submit the Documents within the stipulated time, his/her participation shall be invalidated and he/she shall forfeit his/her chance to win the prize. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).

3. The communication to the Winner would be done within thirty (30) days from the end of the Contest Period. In the event such communication to Winner is postponed for whatsoever reasons, STAR will not be held responsible and there shall be no winner announcement done on any public forum or otherwise.

4. STAR shall not be responsible if the Winner does not respond to the message and as a result of which the Winner loses his/her chance to receive the prize.

5. In the event that STAR is of the opinion none of the Entries are eligible to be selected as a Winner, then STAR may exercise its discretion not to select any winning Entry

6. STAR shall make only one (1) attempt to reach the Winner. In case they do not revert, the selection shall be invalidated and STAR shall not be liable to that Winner in any manner whatsoever.

7. The Winner will get a gratification of a trip to fly down to Mumbai for an all-expense paid trip to the MasterChef India set and feature in the Company’s show “MasterChef India Contest” (“Prize”).

8. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract

9. The Winner shall make a declaration as to his physical and mental fitness to travel and shall indemnify STAR against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and warranties.

10. If the selected Winner are unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.

 

11. All decisions of STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed that the Participant(s) has waived their right to dispute any decision(s) made by STAR.

 

12. STAR reserves the right to withdraw the Prize should the selected Winner fail to comply with any of these Terms and Conditions and/or applicable laws or for any reason whatsoever.

 

13. STAR, STAR Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize, nor for any changes in dates or times or cancellations which may prevent the selected Winner from availing of the Prize offered.

 

14. Each Participant hereby acknowledges and agrees that STAR or STAR Entities shall not be held responsible for any acts or omissions on the part of the distributors while availing of the subscription of the channels and/or access to internet platform. It is solely the responsibility and discretion of the distributors in their respective Territory to distribute the channels to a particular Participant in any manner which they deem fit.

 

15. In case a Participant(s) and/or Winner fails to produce any documents required by STAR for the purpose of verification of complicate with these Terms and Conditions, such Participant(s) and/or Winner the shall stand disqualified without any liability to STAR.

 

16. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner and the Winner 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.

17. The Winner voluntarily agrees and grants the Company permission to tape, record the above mentioned Act and interactive session of the Entry (“Entry Video”) and use and /or Exploit the same in any manner whatsoever worldwide in perpetuity. It is further clarified all rights including but not limited to the Intellectual Property Rights in these Entry Videos shall vest with the Company worldwide in perpetuity.

Exploitation/Exploit” shall mean the exploitation of the Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by the Company in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by the Company in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works , making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. Where applicable, the capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Copyright Act(Cap. 63) as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

Intellectual Property ” means any and all current or future intellectual property rights, including, without limitation, patents, trademarks, trade names and domain names, service marks, rights to inventions, copyright (including in relation to performances or performed works) and related rights, rights in logos and get-up, rights in goodwill, unfair competition rights, rights in designs (whether held in physical or electronic format or otherwise howsoever), database rights, privacy rights, trade secrets, know-how and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals, reversions or extensions of, such rights and similar or equivalent rights or forms of protection in any part of the world;

Works” shall mean and include any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of receipt of the Prize by the Winner and any other Intellectual Property created/generated by the Participants during the course of participation in the Prize;

18. In consideration of being afforded the Prize, the Winner agrees, represents and warrants that all Intellectual Property in and to the Works shall remain the exclusive property of the Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Works, do not vest with the Company, by operation of law, the Participant on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Works including rights in any Exploitation thereof to THE COMPANY. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Works in relation to future medium or mode of exploitation of the Works is not held valid by operation of law, notwithstanding the assignment of such rights in favour of THE COMPANY, the Participant hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to THE COMPANY for such future medium or mode of exploitation of the Intellectual Property in and to the Works as may be developed in the future, for the entire world. Notwithstanding the above, the Participant hereby agrees that it shall assign or in any other manner transfer rights including the Intellectual Property in and to the Works for such means and modes of exploitation of the Works which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to THE COMPANY without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Works for the entire world and perpetuity to the Company (‘Offer’). The Participant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Works to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, the Company may Exploit the rights including the Intellectual Property in and to the Works at any time it chooses. The Participant(s) waive off their “Moral Rights” (or any analogous rights granted under the Copyright Act (Cap. 63)) with respect to the Works / participation in the Prize. Further, the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Works.

19. The Participant agree and acknowledge that the Channel /THE COMPANY shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Works in respect of their Entry uploaded on the Platform in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Prize or any ancillary event related to the Prize).

20. Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘Likeness’) to appear on and be used in connection with the promotion of the Program all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. THE COMPANY reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or THE COMPANY or the Channel without notice to the Participant and without any further compensation to the Participant.

21. The Participant acknowledges and understands that the acknowledging the Prize is at their own risk. THE COMPANY shall not be responsible for the Participant’s safety during the receipt of Prize, nor shall they be required to obtain any insurance in relation to the same for the Participant other than as required by applicable law. The Participant(s) acknowledge and understand that the participation of the Participant in the Prize is at her own risk.

22. STAR shall not be liable if the Winner misses receiving the Prize or for any loss/ damage to their person or property caused/incurred during transit to the venue to receive the Prize. The Winner shall keep STAR indemnified for any loss suffered as a result of the same.

23. STAR shall not be responsible for payment towards alcohol, cigarette, laundry, telephone etc consumed by the Winner.

24. The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at http://www.startv.com/legal-terms-policies/#contest-tandc (“Website”). The Winner hereby represent to the Company that her participation in the Contest is in compliance with all laws applicable her and she is not in any manner prohibited from participating herein by any law.

25. The Winner shall make a declaration as to his physical and mental fitness and shall indemnify STAR against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and warranties.

26. If the selected Winner are unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.

 

27. All decisions of STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed that the Participant(s) has waived their right to dispute any decision(s) made by STAR.

 

28. STAR reserves the right to withdraw the Prize should the selected Winner fail to comply with any of these Terms and Conditions and/or applicable laws or for any reason whatsoever.

 

29. STAR, STAR Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize, nor for any changes in dates or times or cancellations which may prevent the selected Winner from availing of the Prize offered.

 

30. Each Participant hereby acknowledges and agrees that STAR or STAR Entities shall not be held responsible for any acts or omissions on the part of the distributors while availing of the subscription of the channels and/or access to internet platform. It is solely the responsibility and discretion of the distributors in their respective Territory to distribute the channels to a particular Participant in any manner which they deem fit.

 

31. In case a Participant(s) and/or Winner fails to produce any documents required by STAR for the purpose of verification of complicate with these Terms and Conditions, such Participant(s) and/or Winner the shall stand disqualified without any liability to STAR.

 

32. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner and the Winner 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.

(IV) Additional Terms:

1. STAR 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) check the Terms and Conditions of the Contest on the website of STAR i.e. www.startv.com

2. STAR reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.

3. Under no circumstances will STAR, STAR Entities and/or the Sponsors 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.

4. The Winner hereby acknowledge and agree that the relationship between the Winner and STAR is not a confidential, fiduciary, or other special relationship.

5. The Winner hereby agree to be bound by the Terms and Conditions and/or by any subsequent revisions of the Terms and Conditions (“ Revised Terms”). STAR reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Terms.

6. All Submissions and/or Entries shall become the property of STAR and/or STAR Entities. By entering the Contest, the Winner grants STAR and STAR Entities unlimited use of their names, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.

7. For the sake of clarity, all rights, title and interest in Entry shall vest with the STAR and may be utilized by STAR at a later point in time, at its sole discretion. The Participant and/or the Winner hereby irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Entry to the STAR including but not limited to the right to make any adaptation, rights in any form of exploitation etc.

8. All ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges (including visa charges), expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the selected Winner.

9. By providing any personal information to STAR and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to STAR. If a Participant does not wish to have her information and/or likeness viewed by or disclosed to others, he/she should not enter the Contest.

10. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,

11. The Winner agrees that if due to any reason, whatsoever, beyond the control of STAR the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.

12. STAR 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 Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

13. The Winner 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 in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR failing which their selection shall be forfeited.

14. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, STAR 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 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 Winner during the Contest and/or enjoyment of the Prize.

15. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of STAR, in any manner whatsoever.

17. The Contest shall be governed by and construed in accordance with the applicable laws of India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai.

18. Limitations of Liability: By entering the contest, each Participant 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 star and/or star entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise

Kalakka Povadhu Yaaru Season 9

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Asianet Star Communications Private Limited. By voluntarily participating, you agree to be bound by these Terms and Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

The following terms and conditions (“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “ KALAKKA POVADHU YAARU SEASEON 9” (“Program”) and shall be binding on each participant (“Participant” “Contestant”, “Your” and/or “You”) residing in and is a citizen of India (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by ASCPL /Company (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and/or its network of channels and/or any other channel as deemed fit by ASCPL (hereinafter collectively referred to as “Channel”).

The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at http://www.startv.com/legal-terms-policies/#contest-tandc . By proceeding further, You are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law.

These Terms and Conditions shall be irrevocably binding on each Participant voluntarily participating in the Auditions. ASCPL will have access to and collect information and data shared by the Participant including Participant’s personal information for the purposes of the Auditions and/or Program. By participation in the Auditions, the Participant hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by ASCPL, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By participating in the Auditions, it is deemed that the Participant has read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Participant’s act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance 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 the Participant does not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify the Participant’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

 

DEFINITIONS

“Audition(s) ” means different Levels of selection process to be conducted at the Audition Centre(s) (defined below) inter alia in the mode and manner as detailed hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify to participate in further Levels for participating in the Program.

Audition Centre(s)” shall collectively mean the following centres/venues, at the sole discretion of the Company, wherein Auditions for the Program will be conducted:

(i) Venues located in the Tamil Nadu cities of Chennai, Coimbatore, Tirunelvelli, Madurai and/or any other city(ies)/venue(s) in the Territory of Tamil Nadu, as the Company may determine, where the Participants shall be required to attend Level 1 of the Auditions;

(ii) Each respective Audition Centres will have a Level 1 of Auditions as enumerated below;

(iii) Shortlisted Contestants of Level 1 and 2of all the respective Audition Centre(s) shall be eligible to participate in Level 3 of the Auditions in Chennai or at any venues or locations as decided by the company at its sole discretion.

Audition Period” in respect of auditions at Level 1, Level 2 shall mean audition the period for Auditions to be conducted in different cities in the Territory as stipulated and/or updated by the Company at its discretion on the website http://www.startv.com/legal-terms-policies/#contest-tandc (“Website”) from time to time required to be checked by the Participant(s) from time to time.

Company/ASCPL” means Asianet Star Communications Private Limited.

Participant(s)/Participant(s)” Means all person(s) aged between 18 (Eighteen) years and 80 (Eighty) years i.e. 18 (eighteen) years or above and 80 (eighty) years or below as of December 14, 2019, being an Indian citizen and resident of India and enters the Auditions /Program individually.

Exploitation/Exploit” shall mean the exploitation of the Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by ASCPL in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by ASCPL in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile/telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

Intellectual Property ” means and includes all performances, performers’ rights, 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.

Level(s)” shall mean collectively levels 1, 2 &3of the Auditions. The term “Level(s)” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number. The Company and/or the Production House, shall have the sole right to disqualify participants from further participating in the Auditions and in the Program. All such decision will be final and binding on the participant.

Program” means the Show(s) which shall be tentatively titled “KALAKKA POVADHU YAARU SEASEON 9”.

“Production House” means THALIR

"Show(s)" means each episode(s) of the Program including any Special Show(s).

Show Player(s)” means the selected Participant(s) who are selected through the process of the Audition(s) as enumerated below to participate in the Program.

Special Show(s)” means any episode/s of the Show recorded with Participant(s) who belong to a category other than that specified hereunder, which may include celebrities or children special, or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition.

Studio" means any venue/ location as deemed fit by the Company for filming of the Program.

Works” shall mean and include Footage (as defined below) any any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of Auditions/Program/Show or the Auditions and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions/Program/Show.

PRINCIPAL RULES

1. The Auditions are an integral part of the Program. The Auditions will be conducted on-ground in the Audition Centre(s) located in the Territory and interested Participant(s) shall be required to be present at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below.

 

2. The Company shall promote the Auditions through on-air (promos, astons, bugs etc.), print, radio, online, official social media pages/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Auditions, wherein the Participant(s) can get details of the Auditions, timings and venue(s) of Audition Centre.

3. Procedure to register

(a) To register and to participate in the Auditions, the interested Participant(s) shall:

i. have a unique registration code assigned to him/her at the Audition Centre (“Registration Number”);

ii. fill and execute a registration form or any other document(s) at the Audition Centre and duly submit all personal information including but not limited to documentation as required by the Company and/or Production House as may be required to be submitted by them on the registration form (“ Personal Information”) in a manner and form, as requested and /or prescribed therein (“Registration Form”);

 

iii. If selected for Level 2 of the Audition, the Participant(s) shall be required to fill and execute the declaration cum indemnity and/or any other document at the Audition Centre(s) e as may be required to be submitted by them on the registration form in a manner and form, as requested and /or prescribed therein (“Participation Agreement”).

(b) In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same or submit the necessary proofs, the said Participant(s) shall be disqualified by the Company. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Participant(s) on the Registration Form duly submitted by the Participant(s) at the Audition Centre] shall be considered a complete entry (“Entry”).

(c) Participant(s) undertake that all Personal Information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition Centre are true, correct, accurate and original. Any incomplete entry(ies) and /or Entries with incorrect format/information and/or inadequate information will be considered invalid and will be disqualified from participating in the Auditions. The Channel /Company shall be free at any point of time to contactand/or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the Entry and the Participant(s) shall unconditionally facilitate the same.

4. All entries at the respective Audition Centre(s) shall be on first come first serve basis between 9.00 am to 6.00 pm and/or or any other time as decided and communicated by the Company at its sole discretion. It is further clarified that the Company reserves the right to close the registration process at any of the Audition Centre(s), in any manner it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding and the Participant(s), shall not challenge /dispute such decisions. Any entry made after the Audition Period will not be considered for the Contest and shall be deemed null and void. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

5. The Auditions for the Program shall be conducted at the Audition Centre(s) in the manner as detailed below:

A. LEVEL 1

i. The Participant(s) will be asked to perform minimum 1 act and may be requested to perform additional by the Panel belonging to the comedy genre and/or revolving around the theme of comedy including but not limited to comedy narration, stand-up comedy act which may also include musical comedy or dance comedy, [“Act(s)”]. This Act shall be evaluated by the Company or its representatives and /or renowned experts/ appointed by the Company and/or by the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s).

ii. The top-rated Acts of the Participant(s) shall be evaluated and shortlisted by the Panel on the on the basis of the choice of Act, overall basis of his/her performance, personality, attitude, spontaneity, comedy skills and timing, entertainment factor, uniqueness, background story, slang, etc. or any such other criteria determined by the Company at its sole discretion.

iii. The Company and/or the Production House reserve the right to stop/interrupt the Participant(s) during the Act(s) and the Participant(s) shall have no objection to the same.

iv. The Panel shall have the sole authority to judge and rate the performance of all the Participants and their decision shall be final and binding on all Participants. Based on the evaluations by the Panel, the top-rated performances shall be shortlisted and the Participants shall be selected and eligible for participation in Level 2 of the Auditions to be conducted in the Audition Centre(s) in India.

v. All Participant(s) selected and shortlisted to participate in for Level 2 of the Auditions shall be informed about their selection by the Channel/Production House, at the venue of the respective Audition Centre itself. The Production House, shall communicate and announce the names of the shortlisted Participants at a time as decided by them at the venue of the Audition Centre, and it is the sole discretion and responsibility of all such Participants to be present at the time of such announcement and/or communication by the Company and/or the Production House. Such communication by the Production House and/or Company shall also give brief details of the next level of Audition – LEVEL 2 (to be held at the same venue of the respective Audition Centres in the respective cities) such as the date and time of the Auditions and other details as maybe required, etc. The Participant(s) maybe be required to give a confirmation of their participation presence at the Audition Centre(s) for Level 2 Auditions as the case may be.

B. LEVEL 2

i. Participant(s) shortlisted at Level 1 shall be required to be present in the Audition Centre(s) in India, as may be informed by the Company, to participate and perform in Level 2 Auditions, on specific dates and time as decided and communicated by the Company.

ii. Such Contestant(s) shall be asked to perform an Act of their choice to showcase their talent (“Act”) and be further interviewed by the Company and/ or Panel regarding his/her background, family history, initiation into comedy , comedy performances and/or experience, etc.

iii. The cost of arranging the requisite travel documents (including but not limited to valid passport, requisite visa, if applicable etc.) and the cost of travelling and accommodation and sundry other expenses of such Participant(s) shall be solely borne by Participant If the Participant(s) fails to attend the Audition at the venue of the respective Audition Centre on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company and/or the Production House shall be free to select any other deserving Participant at its own discretion.

iv. The Participant(s) will be solely responsible to bear all costs of travel, accommodation and all other expenses, should such Participants voluntarily wish to participate in any other Audition Centres. The Company, Production House, will not be involved in any such requests, logistical or other related issues.

v. The Participant(s) will be required to execute any and all legal documents not limited to Participant Agreements, as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1. For avoidance of doubt it is clarified that each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

vi. Further, the shortlisted Participant(s) may be required to perform additional Act(s) before the Panel as per Panel’s requirements. The performance of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of their comic timing , performance, personality, attitude, spontaneity, comedy skills, entertainment factor, uniqueness, background story, slang, versatility, style, overall performance, etc and such other criteria as may be determined by the Company in its sole discretion. For avoidance of doubt it is clarified that the decision of the Company and/or the Panel shall be final in this regard and neither the Participants nor any one on their behalf (shall have any objection to the same.

vii. The Company reserves the right to select any number of Contestant(s) from the Audition Center(s). The selected Contestants shall be eligible for the next level of selection i.e. Level 3 of the Auditions, to be held tentatively at the city of Chennai at a date and time as communicated by the Company though it’s designated third parties. The Contestants shall be informed about their selection for Level 3 of the Audition i.e., the televised auditions, either by the Company and /or its representatives which shall be tentatively held in the city of Chennai or such other city as may be decided/ communicated by the Company at its sole discretion. Such selected Contestant(s) shall be required to be present in or around the city of Chennai for the next Level 3 of selection at a day and time as specified by the Company and/or the Production House.

viii. All such Participant(s) selected and shortlisted to participate in Level 3 of the Auditions shall be informed about their selection by Production House and shall intimate the Participant(s) by an email and/or by telephone call or by any other mode of communication, as the Company may deem fit at its sole discretion. Such communication by the Production House and/or Company shall also give brief details of the next level of Audition – LEVEL 3, the date and time of the Auditions and other details as maybe required, etc.

ix. The Participants shall be required to compulsorily provide/ submit a written and/ or verbal confirmation of their participation within a stipulated time period, to proceed to the next Level 3 of the Auditions and participate further in the Program, in the form and manner as decided by the Company. Failure to provide confirmation of the Participant’s attendance for Level 3 within the stipulated time period and in the form and manner as required, shall automatically disqualify the selected Participants and such decision of the Company being final and binding.

C. LEVEL 3 (TELEVISED AUDITIONS/)

i. Participant(s) shall be required to be present in the Audition Centre in Chennai to participate and perform in Level 3 on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective shortlisted Contestant(s) in Level 3, who have gone through the similar selection process as the Contestant(s) from India. Such decision of the Company shall be final and binding upon all the Contestants.

ii. Such Contestant(s) may be trained by the Production House and/or the creative teams engaged by the Production House to and train and enhance the performances and talent of the shortlisted

iii. The Contestant(s) shall be evaluated by an esteemed panel of judges who shall be judging the performance of Participants in the Program and /or forming part of the Program (“Judges”) engaged by the Company at its sole discretion. The Participants shall be asked to thereafter perform Act(s) as per the theme / format of the Program and may be further interviewed by the Company and/ or Judges regarding his/her background, family history, singing training and/or experience, etc.

iv. The Judges shall evaluate the Contestants on their personality , comic timing , selection of Act , versatility, quick thinking, audience connect – interaction , content of Act , style, overall personality, stature of their performance, entertainment factor, uniqueness, etc., and such other criteria as may be determined by the Company in its sole discretion and basis the aforementioned parameters the Show Players shall be selected . It is clarified that the number of Show Players selected shall be solely at the Company’s discretion

v. The selected Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel locations to any place for the shoot of the Program, as may be informed by the Company from time to time.

vi. The selected Show Players will need to reside in any venue at Chennai decided by the Company at its sole discretion, during the shoot schedule of the Program.

vii. Upon successful completion of the contract and agreement with the Show Player(s) in relation to the arrangements for such Contestant(s), attendance at the Studio, the selected Show Player(s) must attend the Studio at the time and date communicated by the Company.

viii. In the event of the failure of any of the Show Player(s) from attending the Studio by the aforesaid time for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Show.

ix. The cost of travel and accommodation of such selected Contestant(s) from Level 2 of the respective Audition Centres shall be borne by the Company on actuals and upon submission of original bills etc. subject to the same falling within the fixed cost bracket as decided by the Company at its sole discretion and communicated to the Contestant(s) and subject to the Contestant(s) providing the Company with actual receipts/documentation evidencing such expenses. If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion in accordance with the Show requirement and all such decision shall be final and binding on the Contestants.

x. The Participant(s) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1 or Level 2, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1 or Level 2. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

xi. For avoidance of doubt it is clarified that the decision of the Company and/or the Judges shall be final in this regard and neither the Participants nor any one on their behalf shall have any objection to the same.

xii. The Company reserves the right to select any number of Contestant(s) from the Audition Center in Chennai, India as deemed fit in accordance with the Show requirement and all such decision shall be final and binding on the Contestants.

6. Participant(s) who have previously participated in reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Participant(s) agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter.

7. The Company reserves the right to extend the timing or close the gates of the Audition Centre(s), without prior notice to the Participant(s) and/or people who have turned up at the Audition Centre(s).

8. It is clarified that the Participant(s) shall carry their own music CD’s or tapes that may be required for all the Levels of the Auditions and/or shall be solely responsible to make all arrangements for facilitating their Act and the Company shall not be responsible to provide the same.

9. For avoidance of doubt it is clarified that the final selection of the Participant(s) made by the Channel/Company/Panel shall be final and binding on all the Participant(s) and in no event shall the Participant(s) dispute the decision made by the Channel/Company or its employees in connection to the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding.

10. The Company and /or the Production house and /or the Panel (as the case may be) reserve the right to stop/interrupt the performance of the Participant(s) at any given point during any of the Levels of the Auditions and the Participant(s) shall have no objection to the same nor shall they raise any objections against the same. It is further clarified that the Company and /or the Production House the Panel (as the case may be) are not obligated to watch the performance of the Participant(s) and /or the Act beyond a reasonable time period. For the purposes of this Auditions, reasonable period shall mean 30 (thirty) seconds or any time limit the Company/Production House may determine. The Participant shall abide by the decision of the panel /Company/Production House in this regard

GENERAL RULES

 

1. The Auditions is strictly open to Participant(s) between the age of 18 (Eighteen) years and 60 (Sixty) years, as of December 21, 2019 being an Indian citizen of and residing in India during the Audition Period and the Program, as per the respective applicable laws of India.

2. Employees of the Company, of the Production House, 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 and members of their immediate family; individuals not conversant in spoken Tamil or English; are ineligible to participate in the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, nationality including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s).

3. In the event the Participant is found to be in violation of any applicable laws at any point of time during the Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions.

4. Participant(s), as represent to the Company that the Participant is free and competent to enter the Auditions; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honoring any of the Terms and Conditions stated herein. The Company and/or the Production House, shall have the sole right to disqualify such un-attended participants from further participating in the Auditions and such decision will be final and binding on the participant.

5. Participant(s) hereby provides his/her consent for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy, and (ii) the following terms and conditions:

a. The Participant has read, understood and accepted the Privacy Policy and understand and agree that my Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy.

b. The Personal Information may include information inter alia name, date of birth, address, age, gender, marital status, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition and sexual orientation, images, videos.

c. The Personal Information is being collected by the Company/ Production House pursuant to the Terms and Conditions, in connection with the Auditions/Program and it is necessary for the Company/ Production House to collect the Personal Information for the Auditions Program and the uses set out below in (d) below.

d. The Personal Information will be used for the Auditions/Program, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by the Company, in respect of the Auditions/Program on the channel(s) owned by the Company and/or the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd.

e. The Personal Information will be shared by the Company with the Production House, the Panel, Judges and the public at large, in connection with the Program.

f. The Production House will be collecting and retaining the Personal Information on behalf of the Company.

g. The Company has informed the Participant of his/her rights to: (i) review his/her Personal Information for deficiencies and inaccuracies, and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify my entry and/or participation in the Auditions and /or Program, as deemed fit and necessary by the Company at its sole discretion.

h. All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel/Judges be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information.

i. The Company has provided the Participant, with the option to opt out of providing his/her Personal Information, and the Participant has not exercised such option.

 

6. The Participant(s) shall not make any claims against ASCPL, Channel, their directors, employees 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 their participation or non-participation in the Auditions or any related activity including any unauthorized access of the videos, etc. If the Participant is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.

7. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. The Participant(s) shall hold harmless the Channel, Company, 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), in any manner whatsoever in connection with the Program and/or any aspect of the Auditions and 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.

8. The Participant acknowledge that the Program is a reality-based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant(s) fully understand this aspect of the Program and shall neither hold the Production House/ASCPL liable for any such depiction nor shall make any claims in respect of the same against the Production House/ASCPL and/or the Channel or any of its representatives and/or the Jury.

9. The Company reserves all rights to make amendments to the Auditions Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant to check the Terms and Conditions for the Auditions on the Website and /or the platforms from time to time. ASCPL also reserves the right to cancel and/or postpone the Auditions/Program without any prior intimation to the Participant(s).

10. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/ Program. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Program. The Participant further confirms that the Participant is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz: heart problem, blood pressure problem, pregnancy, etc).

11. The Participant(s) will be required to furnish necessary supporting documentation in original (i.e, government endorsed identification proof such as school leaving certificate, college leaving certificate etc.) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant (s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or ASCPL/Production House in its sole and absolute discretion.

12. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant(s) and/or the public.

13. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.

14. The Channel/ASCPL reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and also ASCPL/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.

15. In case for whatever reason any Participant is not agreeable to travel, stay, etc. entirely at his/her own expense, the Company will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

16. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final, and binding and each Participant shall without limitation be bound by such decision of the Company.

17. The Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement regarding any event or any person alive or deceased or do anything in the nature of an endorsement/advertisement that may expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.

18. The Participant(s) shall not grant or publish any interviews, or share any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the names and identity of the selected Participant(s), Judges/Panel or the format of the Program or any aspect related to the Program or any information regarding the Company without Company’s prior written consent in each instance. The Participant shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company.

19. The Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Auditions /Program/ Show.

20. Non-conformance by any Participant for the directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then ASCPL will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

21. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company (“ Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Show/ Programs/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participants.

22. Notwithstanding a Participant's participation in the Show/ Auditions, there is no obligation on the part of the Company to broadcast any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.

23. Participant (s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot/filmed/recorded during the Auditions/Show or the Program 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 Participant (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

24. In consideration of being afforded an opportunity to participate in the Program/Auditions, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant hereby agree that the Participant(s) shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company. The Participant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

25. The Participant(s) waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s) further agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant acknowledges that the Entry submitted and /or videos submitted and/or contribution to the Materials does not qualify as a ‘performance’/ ‘live performance’ within the meaning of the Indian Copyright Act, 1957.

26. The Participant(s) agrees and acknowledges that the Channel /ASCPL/Production House shall have the sole and exclusive right to edit , alter, modify and or use any Footage or Materials in respect of their Entry uploaded on the Platform in any manner whatsoeverit may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

27. The Participant(s) shall make themselves available from time to time and co-operate with the Channel and/or ASCPL and participate in any activity and/or campaign and /or events (“ Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable/ any additional consideration to the Participant. Further, the Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.

28. Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘ Likeness’) to appear on and be used in connection with the promotion of the Program for all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. ASCPL reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or ASCPL or the Channel without notice to the Participant and without any further compensation to the Participant.

29. The Participant(s) agree that in consideration of being given opportunity to participate in the Auditions, they shall hold harmless the main sponsor (if any), Channel, ASCPL, its employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions 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 against the Production House and/or the Channel and/or ASCPL to claim any damages or reliefs or otherwise.

30. The Participant(s) agree to keep ASCPL, the Channel, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry including the Video(s), by ASCPL and /or any of its affiliate companies and/or channels.

31. The Participant(s) agrees that ASCPL shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant(s) during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. ASCPL/Company/Production House shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) and/or the parent/guardian of the Participant acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

32. Certain information relating to the Production House, ASCPL, the Program, Channel, will be disclosed to the Participant(s) by the Production House and/or ASCPL which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “ Confidential Information”). Participant(s) agree that Confidential Information whether disclosed orally or in writing, is the property of Production House/ASCPL, as the case may be, and is valuable, special and unique to the business of Production House/ASCPL, as the case may be. Participant(s) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.

33. Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.

34. All obligations, representations, warranties, grant of rights by Participant(s) who is below the age of eighteen (18) years as on December 14, 2019 shall be deemed to be provided by the Participant(s).

35. The 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.

36. Participant(s) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

37. The participation of the Participant the in the Auditions shall mean that the Participant(s) on behalf of the Participant(s) has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.

38. Notwithstanding the conflict of laws principle, these 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 Auditions and /or Entry and/or the Program, 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, 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.

39. Subject to the provision of 39 above, the Courts having exclusive 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 Chennai, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

"StarMoviesPlayAt7" Contest

Terms & Conditions

Please read the following Terms and Conditions very carefully before entering this ‘StarMoviesPlayAt7’ (“Contest”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your participation in this Contest to be held on the television channels Star Movies and Star Movies HD (“Channels”) from December 16, 2019 to January 12, 2020 (“Contest Period”) each day between the time band of 7 pm to 10 pm (“Contest Time”). The results of the Contest will be displayed on a leaderboard hosted on a real time basis (“Leaderboard”) during the Contest Period. The LeaderBoard shall be published on the official Twitter handle of ‘Star Movies’ at https://https://twitter.com/StarMoviesIndia (“Handle”). You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation as listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify Your participation in the Contest. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Contest. You hereby agree and understand that Star India will have access to and collect information and data shared by the Participant’s Personal Information (as defined below) submitted by the Participant(s). You hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Contest and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content (as defined below). Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Contest shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Contest in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content:

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Contest;

iii. The Participant should be well versed in the English language - both written and spoken;

iv. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Star India to develop on the Content;

v. The Participant should have valid proof of age and educational qualification when requested by Star India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

vi. The Participant should abide by all the applicable laws at all times.

vii. Permanent and/or contract employees and directors of Star India, its immediate family member(s), subsidiary and/or affiliated companies, licensors, advertising and/or promotion agencies and each of their immediate family members are not eligible to enter the Contest.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject the Content and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

It shall be the sole responsibility of the Participant(s) to familiarize themselves with the Terms & Conditions of the Contest, including amendments thereof from time to time. Star India reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participants; (ii) make amendments to the existing Terms & Conditions and/or Contest Period and/or withdraw, change, alter, amend the Terms & Conditions, without any notification(s) to the Participant; (iii) extend or curtail the Contest Period and /or suspend or abandon the same at any time, without any notification(s) to the Participant, and the Participant shall have no objection to the same whatsoever, nor shall the Participant make any claims /disputes in respect of the same. You further understand and acknowledge that You shall be solely responsible to visit the Website from time to time in order to be informed of any updates, revisions, curtailments, extensions, in the Terms and Conditions, and/or, any abandonment or termination or postponement of the Content, and abide by the same without any recourse to Company, its authorised representatives, and each of their employees, for any reason whatsoever.

1.2. Qualification and parameters of Content: Star India invites all the interested and eligible Participants to review the questions broadcast on the Channels on each day of the Contest Period during the Contest Time [“Contest Question(s)”] and respond to the Contest Question(s) by tweeting the correct answer in English language within the Contest Time on such day, from the respective Participant’s Twitter handle and in text not exceeding 280 characters and mandatorily using the hashtag ‘#StarMoviesPlayAt7’ (“Hashtag”) and tagging the Handle @starmoviesindia (‘Content’).

The Participant (s) should only submit Content which is:

i. Relevant to the Contest as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Contest.

ii. upload the Content on Twitter from their own Twitter handle, by using the Hashtag and tagging the Handle.

iii. original and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third part and/or privacy/personality rights.

iv. has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and /or any of its employees /directors /representatives;

v. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies.

vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights.

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement.

2. Contest Mechanism:

The Contest shall comprise of 7 (seven) Contest Questions per day of the Contest Period which will be telecast by Star India on the Channels during the Contest Time. The order and frequency of and for each Contest Question shall be at the sole discretion of Star India. It is the sole responsibility of the Participants to watch the Channel(s) from time to time in order to be informed of the Contest Question(s).

Stage 1. Submission

After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content from the Participant’s Twitter handle. Participant(s) must enter the Contest on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one Twitter account, Star India reserves the right to disqualify such Participant(s) from the Contest.

Stage 2. Internal Review

1. Content posted by the Participant will be subject to Star India’s internal review and only a Correct Entry (as defined below) shall be considered as a valid entry by Star India for the purpose this Contest. For the sake of clarity, a correct entry shall mean 1 (one) correct answer to any particular Contest Question together with the tag @starmoviesindia and hashtag #StarMoviesPlayAt7 (“Correct Entry”). Content without the tag or hashtag as specified above will be invalid and will not be considered as a Correct Entry. Content with both the tag and hashtag specified above, however having an incorrect answer to a particular Contest Question will be considered invalid. Star India shall allocate scores/points to each Participant posting Correct Entries in the Contest on the basis of parameters set out above. Each Correct Entry shall earn the Participant(s) 20 (twenty) points.

2. Any Entry submitted by a Participant prior or post the expiration of the Contest Period, will not be considered to be a ‘Correct’ Entry for the purposes of Contest, and will be deemed to be disqualified.

3. For avoidance of doubt it is clarified that the first correct answer tweet shall be considered as Correct Entry. Further, for each individual Contest Question, the Participant is required to tweet the Correct Entry separately. Single tweet answering multiple Contest Questions shall not be qualified as a Correct Entry Additionally, the Participant(s) agrees not to spam and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

4. Star India 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.

Stage 3. Result

1. At the end of each day of the Contest Period, basis the points/scores earned by all the Participants with Correct Entries to Contest Questions on that particular day, the Leaderboard on the Handle shall display the top 50 (fifty) participants and such Participants shall be chosen as winners for that particular day (“Daily Winners”). It is clarified that Daily Winners shall not exceed 50 (fifty) in number.

2. In the event of any 2 (two) or more Participants scoring equal basis the Correct Entries submitted by them (in the event of a tie), average time taken by each such Participant(s) to submit Correct Entries will be considered for recording a higher position on the Leaderboard.

3. The Leaderboard shall continue to host daily and weekly results during the Contest Time basis points earned by the Participants with Correct Entries on each day of the Contest Period. Daily Leaderboard will reset at zero at 12:01 on the next day. Weekly Leaderboard will reset to zero at 12:01AM on the next Monday. Basis the scores calculated on the Leaderboard on a cumulative basis at the end of each week, top 5 (five) names of the Participants having scored the highest aggregate score shall be declared as “Weekly Winners”. It is clarified that Weekly Winners shall not exceed 5 (five) in number.

4. Daily Winners shall be eligible to win a Prize (as defined herein below) and Weekly Winners shall be eligible to win the Grand Prize (as defined herein below).

5. It is however clarified that regardless of any Participant submitting Correct Entry(ies) in the manner specified in the Terms and Conditions and being declared as “Weekly Winner” multiple times on the Leaderboard during the Contest Period, such Participant shall be eligible to win the “Grand Prize” gratified to “Weekly Winners” only once during the Contest Period.

Stage 4. Contacting Winners

1. Such Daily Winners/Weekly Winners who fulfill all of the requirements set out in these Terms and Conditions including submission of valid Documents (defined herein below) to the satisfaction of Star India shall be eligible to win the Prize/Grand Prize.

2. The Daily Winners/Weekly Winners will be tagged by STAR through a tweet and shall be informed of winning the Daily Prize/Grand Prize. The Daily Winners/Weekly Winners shall additionally be asked to revert with their contact details before 6 pm of the next day. If the Participants fail to revert within such time, their Entry shall be invalidated and Star India shall forfeit his/her chance to win the Prize/Grand Prize.

3. Once Daily Winners/Weekly Winners revert with their contact details, STAR or its authorised representatives shall contact the Daily Winners/Weekly Winners via email/phone to submit (including but not limited to) scanned copies of their identity proof, age proof, etc. (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“Documents”) within 24 (twenty-four) hours. In the event, any Daily Winners/Weekly Winners fail to submit the Documents within the time specified above, his/her participation shall be invalidated and Star India shall forfeit his/her chance to win the Prize/Grand Prize.

4. Star India shall make only one (1) attempt to reach the Daily Winners/Weekly Winners eligible to win the Prize/Grand Prize. In the event such Daily Winners/Weekly Winners, fail to respond within the time mentioned above, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize/Grand Prize to such Daily Winners/Weekly Winners in any manner whatsoever. Subsequently, Star may be free to select any other Participant(s) on the Leaderboard as the Daily Winners/Weekly Winners, as the case maybe, who have qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Daily Winners/Weekly Winners.

5. Upon successful communication and acceptance of the Prize/Grand Prize by the Daily Winners/Weekly Winners within the timelines as mentioned above and in accordance with these Terms and Conditions, STAR shall verify the Documents submitted by the Winner(s) and may requisition additional documents. The Daily Winners/Weekly Winners agree to adhere to such requests to successfully complete identity verification procedure. Upon successful completion of such procedure, the Daily Winners/Weekly Winners shall be entitled to Prize /Grand Prize as specified below.

Stage 5: Daily Winners, Weekly Winners, Prize and Grand Prize

The Daily Winners shall be entitled to win gifts/gift vouchers of such brand(s) as may be chosen by STAR at its sole discretion, of price not exceeding INR 300 (Rupees Three Hundred only) (“Prize”). The Weekly Winners shall be entitled to win gifts/gift vouchers of such brand(s) as may be chosen by STAR at its sole discretion, of price not exceeding INR 15,000 (Rupees Fifteen Thousand only) (“Grand Prize”). It is clarified that all taxes in relation to the Prize/Grand Prize shall be borne solely by the Daily Winners/Weekly Winners, without any recourse to Star India.

ALL STATUTORY TAXES INCLUDING BUT NOT LIMITED TO GIFT TAX ETC. ALONG WITH INSURANCE IF APPLICABLE SHALL BE SOLELY BORNE BY THE DAILY WINNERS/WEEKLY WINNERS IN RELATION TO THE PRIZE/GRAND PRIZE. IN THE EVENT THE DAILY WINNERS/WEEKLY WINNERS DECLINE TO PAY AND BEAR THE APPLICABLE TAXES AND THE INSURANCE, THE PRIZE/GRAND PRIZE WILL THEN BE AWARDED TO THE NEXT PARTICIPANT ELIGIBLE TO BE QUALIFIED AS THE DAILY WINNERS/WEEKLY WINNERS AS DECLARED BY STAR INDIA. HOWEVER, IN THE EVENT, SUCH PARTICIPANT REFUSES TO PAY AND BEAR THE APPLICABLE TAXES AND INSURANCE, THEN STAR INDIA SHALL NOT BE OBLIGATED AWARD THE PRIZE/ GRAND PRIZE TO ANY PARTICIPANT(S) OF THE CONTEST. STAR INDIA SHALL NOT BE RESPONSIBLE FOR THE PAYMENT OF ANY APPLICABLE TAXES AND/OR INSURANCE IN RELATION TO THE PRIZE/ GRAND PRIZE.

Stage 6: Delivery of Prize/Grand Prize

1. Star India shall either email (on email ID shared by the Participant(s)) the voucher comprising the Prize/Grand Prize, as applicable, to the Daily Winners/Weekly Winners or courier the same to the address (in India only) as provided and confirmed by the Daily Winners/Weekly Winners through the Documents as submitted. It is clarified that all costs of courier incurred for the dispatch of the Prize/Grand Prize shall be borne solely by Star India.

2. Upon dispatch of the Prize/Grand Prize, in case during transit, if any loss/damage etc. is caused / incurred, Star India will not be liable for any such defect/loss/damage etc. Star India shall not be responsible if the delivery is not possible due to reasons including but not limited to incorrect address provided by the Participant, package being unclaimed, etc. Further, 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 the Daily Winner/Weekly Winner is unreachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Daily Winners/Weekly Winners.

3. Other Terms

A. The Daily Winners/Weekly Winners agree and confirm that the Prize/Grand Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Daily Winners/Weekly Winners participating and winning the Contest, as the case may be, and that the Daily Winners/Weekly Winners shall not be entitled to any further gratification at any time. It is clarified that the Prize/Grand Prize is non-transferable and may not be exchanged for cash. If the Prize/Grand Prize is not claimed or otherwise within the stipulated timelines as mentioned under these Terms, the Prize/Grand Prize will be forfeited and may be awarded to an alternate winner(s) unless otherwise stated, at Star India’s sole discretion. All Prize(s)/Grand Prize are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In the event the Daily Winners/Weekly Winners do not accept or agree to the terms as stated herein, the Prize/Grand Prize shall remain with Star India, who on its own discretion may offer the same to the next eligible winner. Star India will not entertain any requests or claims to check/ audit/ challenge the logic of factors relevant for determining the winners. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Daily Winners/Weekly Winners and the Daily Winners/Weekly Winners cannot exchange the Prize/Grand Prize for a gift of similar value. The Daily Winners/Weekly Winners shall not sell, license or commercialize the Prize/Grand Prize in any way.

B. Star India shall not be responsible or liable for any change in the Prize/Grand Prize. In the event any Prize/Grand Prize becomes suspended or unavailable due to any reason, Star India reserves the right to add or modify the Prize/Grand Prize at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Daily Winners/Weekly Winners agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize/Grand Prize. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize/Grand Prize and the Daily Winners/Weekly Winners agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize/Grand Prize. The Daily Winners/Weekly Winners agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize/Grand Prize and/or anything in connection to the Prize/Grand Prize and/or the enjoyment of the Prize/Grand Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize/Grand Prize shall be borne by the Daily Winners/Weekly Winners and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

C. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, loss, outrage, dissatisfaction, death, mental trauma caused to the Participant(s) and/or the Daily Winners/Weekly Winners in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize/Grand Prize.

D. Star India reserves the right to forfeit the Prize/Grand Prize in the event it is found by Star India that any information including but not limited to Documents provided by the Participant(s) and/or the Daily Winners/Weekly Winners is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Daily Winners/Weekly Winners and/or Participant commits any breach of the Terms and Conditions. Star India shall have the right to declare another Participant(s) as the Daily Winners/Weekly Winners and transfer the Prize/Grand Prize to that person.

E. 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 data or information.

F. The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use exploit and/or utilize the Content during the Contest, as it may deem fit at its sole discretion. In consideration of being giving an opportunity to participate in the Contest, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. The format of the contest is Intellectual Property of Star India and any of the content of the same shall not be used by any third party. Star India reserves the right to deny any Participant(s) from participating in the Contest 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 deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India. Also for the sake of abundant clarity, at no point in time will Star India be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

4. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

4.1. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content uploaded/ submitted by You. Nothing in law, contract or otherwise restricts You from submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

4.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;

4.3. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);

4.4. You have not prior to the submission of the Content approached or submitted or pitched the Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons , broadcasters , production houses , media companies and /or Star India and /or any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever The Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

4.5. The details and any other information given by You in connection with the Entry and/or submission of the Content is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

4.6. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data or information.

4.7. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

4.8. The Content shall not include any advertisements or solicitation of any business/es;

a. You undertake to ensure that the submission of Content is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Content): that belongs to another person and which You do not have right to;

b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

c. that harm minors in any way;

d. that infringes any patent, trademark, copyright or other proprietary rights;

e. that violates any privacy laws for the time being in force;

f. that violates any law for the time being in force;

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

i. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

j. that 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

k. For the avoidance of doubt, the Participant(s) agrees that Company has the right to remove any such material/Entry breaches the provisions of these Terms & Conditions without limiting the Company’s rights and remedies.

4.9. You hereby hold harmless and indemnify Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by Star India or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to Star India and/or possible acceptance of the Content by Star India; (v) if any representation, warranty or Personal Information submitted by You turns to be untrue, false and in accurate; and (vi) 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 Winner/Contest Winner and/or the material submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize/Grand Prize. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

5. General Rules

5.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content per se shall not be deemed to constitute acceptance by Star India and nothing herein shall be deemed to impose an obligation on Star India to accept and /or exploit and/or utilize the Content. You recognise that other persons may have submitted to Star India. or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Star India shall have the right to use, independent of You and /or your submission of Content.

5.2. An external third party digital agency may provide MIS/ report of user-wise tweets to Star India and Star India may initiate the assessment based on the same reports. Star India and/or the said external third party 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 “Tweet/Post/Submit” button. 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 in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company 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 subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

5.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of the Company, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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. You agree and declare that You have 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 Your participation in the Contest and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, 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 Content including any form of photographs, stills, literary works made by the Participant(s) or compilation and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

5.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

5.5. For the purposes of this Contest, by uploading and /or submitting/ his /her tweet on the Twitter platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter shall be resolved directly with Twitter, without any recourse to Star India.

5.6. The upload or submission of tweet will result in the use and consumption of data for which data charges as charged by participant’s internet/ telecom operator may apply. It will be participant’s responsibility to understand and enquire charges as may be applicable with your telecom operator. In case of using Twitter while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the participant.

5.7. The Participant will be solely responsible for complying with the terms stipulated by Twitter in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform(s) and/or on account of the Participant’s failure to comply with the terms imposed by such platform(s).

5.8. All the decisions relating to the Contest including but not limited to determination of Winner(s), Leader board, Number of Winners, Correct Entries submitted by the Participant(s), etc. shall be final and binding on all the Participant(s) and the same shall not be challenged or disputed by the Participant(s).

5.9. In the event any of the Entries submitted by the Participant(s) are deleted or are unavailable and/or the Participants’ Twitter Account is unavailable and/or suspended due to any reasons, the decisions made by Star India shall be final and binding on all the Participant(s).

5.10. You acknowledge and agree that the tweets submitted by you shall be made available for viewing, rating and reviewing. By providing any personal information to Star India, as part of the Entry, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their likeness or personal information furnished to Star India;

5.11. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter,amend the Mechanism of this Contest detailed under Paragraph 2 above without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the Website from time to time in order to be informed of the latest version of the T&C;

5.12. Star India will not entertain any claims/questions/queries with respect to the authenticity and/or correctness of any questions and answers for the questions asked during the Rounds of the Contest. Star India’s decision on the correctness or incorrectness is final and binding on all the participants.

5.13. You agree and understand that the decision of Star India with respect to the Content submitted by You will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

5.14. 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 of the Content and/or qualification of an Participant (s), Star India shall not be held liable either directly and/or indirectly in any event, and the decision of Star India shall be final and binding on You;

5.15. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

5.16. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Contest;

5.17. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

5.18. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets submitted by you.

5.19. The Participant(s)/ Winner(s) agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms & Conditions, the Contest, the Gratification and/or any other aspect related to the Contest.

5.20. 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 the Contest is delayed or postponed or cancelled;

5.21. Star India reserves the right to discontinue the Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

5.22. Star India 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 & Conditions set out herein or as may be revised by Star India from time to time. The decision of Star India in this regard shall be final and binding upon the Participant(s)/ Winner(s).

5.23. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. 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 You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, perpetual, sub licensable license to the Intellectual Property and Materials to Star India for use in the entire world in any media deemed fit, to the extent the assignment of Intellectual Property and Materials is invalid by operation of law;

5.24. Star India reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your personal information and/or Content (in part or whole) is not in compliance with the Terms and Conditions herein;

5.25. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, in the network and/or the cost of the call or internet session charged by the telecom/mobile operator etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

5.26. Star India shall not be responsible if any selected Participant is not available at their respective mobile numbers/ email id or the mobile numbers are unreachable at the time of the intimation call due to any reasons as a result of which, the Participant misses his/her chance. In this case, the Participant undertakes to not hold Star India responsible for the same;

5.27. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to Your participation in the Contest and You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

5.28. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive 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 forums in India to claim any damages or reliefs;

5.29. You hereby understand that Star India makes no representation and/or warranties regarding the Contest or any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;

5.30. Limitation of liability: By submission of the Content, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

5.31. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this T & C by You, Star India shall be entitled to any and all remedies in law and/or equity;

5.32. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

5.33. The Participant acknowledges and confirms that neither Star India licensors nor any of the Star India licensor’s affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize/Grand Prize, gratification or merchandise provided to the Participant.

5.34. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Contest shall be at Your 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 Contest. Star India makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platform including this section, (iii) any unauthorized access to or use of our 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 accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website 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 via the social media platforms/ Contest section including loss of Content posted by You, 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.

5.35. Star India are 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 in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.

5.36. While all attempts will be made to protect the data relating to the Contest from loss and/or corruption, participants agree and acknowledge that all systems are prone to failure and hacking attempts. Star India will not be responsible for any damage resulting from the loss of data or action taken by Star India on account of the same. Star India will not be responsible to make good any loss or dissatisfaction suffered by the viewer(s) or participant(s) on account of such loss.

5.37. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate and win Prize(s) of the Contest is through participation as described in these Terms & Conditions. Any person claiming that he/she can help you win the Prizes of the Contest for a consideration is defrauding you.

5.38. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You 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, including at the Themed Dinner otherwise Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

5.39. You hereby acknowledge that in case any portion/clause of these Terms 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 T & C shall be valid and binding and of like effect as though such provision was not included herein;

5.40. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at Star India in connection with this Contest; and agree to make no public press announcements or information for publication without the explicit approval of Star India.

5.41. You further understand and acknowledge that nothing herein obligates Star India to maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publically; or (b) has been made available to Star India by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Star India or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Star India from any third party;

5.42. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

5.43. You 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.

5.44. The Contest shall be null and void in any jurisdiction where prohibited by law.

5.45. The T&C shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Contest, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.

5.46. Subject to the provision of Paragraph 4.40 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 Mumbai, India.

5.47. You acknowledge that in case the Contest and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India 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 seven (7) days, then Star India shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

5.48. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

5.49. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

5.50. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

5.51. You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Program is voluntary and out of You free will and consent, without any monetary compensation whatsoever.

5.52. You acknowledge and agree that upload and submission of your tweets does not necessarily entitle You to win a Prize.

5.53. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to you. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) gives his/her consent to Company and/or any other agency on behalf of Company to make the footage of the participation in the Promotional Activity The Winner(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 Winner(s) shall vest with Company and be owned by the Company, including but not limited to all intellectual property rights in and to such footage worldwide and in perpetuity and Company may exploit the same in any manner and in any media whatsoever at any time throughout the world, without any additional compensation payable to the Winner(s).

5.54. Star India recommends the Participant to maintain privacy of his/her personal details and not mention the phone number or any other personal details on the social media platform.

5.55. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

5.56. 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 You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the You and Star India, in this connection.

5.57. You hereby acknowledge that You have 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. In case of any queries in relation to this Contest, you can write to hello@startv.com. Star India shall endeavour to reply to the same within a reasonable time.

Wife Chethilo Life

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited. By voluntarily participating, You agree to be bound by these Terms and Conditions and represent that you satisfy all the eligibility requirements set out herein below.

The following terms and conditions (“Terms and Conditions ”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the couple based game show titled “Wife Chethilo Life” (“Program/Show”) and shall be binding oneach participant (“Participant”, “Contestant”, “Your” “Your Partner” and/or “You”) residing and a citizen of India (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Auditions hosted by Star India Private Limited (“STAR/Company”) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and /or its network of channels and /or any other channel as deemed fit by STAR (hereinafter collectively referred to as “Channel”).

The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at https://www.startv.com/legal-terms-policies/ (“Website/ Platform”). By proceeding further You and Your partner are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable to You and You are not in any manner prohibited from participating herein by any law.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Auditions. The Privacy Policy shall govern all usage of any Personal Information ( defined below) 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 gathered by STAR under or pursuant to the Auditions and in relation to your participation in the same. You agree and acknowledge that the Personal Information submitted by you hereunder shall be collected , stored and used by Star in any manner deemed fit by it at its discretion. Your act of voluntary participating in the Auditions in the manner as detailed below shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If you do not agree to be bound by or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

By participating in the Auditions, it is deemed that the Participant has read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy.

DEFINITIONS

Audition(s) ” shall mean different levels of selection process to be conducted at the Audition Centre(s) (defined below) inter alia in the mode and manner as detailed and set out hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify and pass for participating in the Program.

Audition Centre” shall mean any tentative locations in Hyderabad, Vishakapatnam, Vijayawada, Tirupathi, Rajahmundry, Nellore, Karimnagar, Warangal, Kurnool and/or any other city/location, as decided and finalized by the Company at its sole discretion where Level 1 of Auditions (as mentioned below) will be conducted and the shortlisted contestants of Level 1 of all the respective Audition Centre(s) shall be eligible to participate in Level 2 of the Auditions in Hyderabad or at any venues or locations as decided by the Company at its sole discretion.

Audition Period” in respect of auditions at Level 1, Level 2 shall mean the period stipulated and /or updated by the Company at its discretion on the Website or such other modes of announcement made by the Company as deemed fit, from time to time which is required to be checked by the Participant(s) from time to time, and/or communicated to the Participant(s) shortlisted at Level 1. Tentative Audition Centre(s) and Audition Period for Level 1 shall be as follows, which may change from time to time at the sole discretion of Company and the Participant is required to keep updated by checking the website or such other modes of announcement made by the Company as deemed fit, from time to time:

Sl. No.

Audition Centre(s)

Audition Period

1

Hyderabad – Saradhi Studios

22nd December, 2019

2

Vishakapatnam

4th & 5th January, 2020

3

Vijayawada

4th & 5th January, 2020

4

Tirupathi

TBC

5

Rajahmundry

TBC

6

Nellore

TBC

7

Karimnagar

TBC

8

Warangal

TBC

9

Kurnool

TBC

"Company" means Star India Private Limited, the owner and right holder of the Program and the entity hosting the Auditions.

Contestant(s)/Participant(s)": Means any natural person(s) who is a legally married couple between the age group of twenty one (21) years and 35 (thirty five) years, as on ……….. December, 2019, being an Indian citizen and resident of India and conversive in Telugu Language and enters the Auditions /Program with spouse in accordance with the terms detailed below.

Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

Intellectual Property” means and includes all performances, performers’ rights, 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.

Level(s)” shall mean collectively levels 1 and 2 of the Auditions. The term “Level” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.

Materials” shall mean and include Footage (defined below), Entries, and footage of Promotional Material (defined below)including any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Contestants during the course of Auditions /Program/Show or the Auditions and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions/ Program/Show. For the sake of clarity, the Photo(s) submitted by the Participants shall not be a part of the Materials.

Program” means the televised couple based game show (defined below) which is titled “Wife Chethilo Life”.

Production House” means Suma Filmy Arts, a proprietorship concern, being Ms. Suma Kanakala a proprietrix.

"Show(s)" means each episode(s) of the Program including any Special Show(s).

Show Player(s)” means the selected Participant(s) who are selected through the process of the Audition to participate in the Program.

Special Show(s)” means any episode/s of the Show /Program recorded with Participant(s) who belong to a category other than that specified hereunder, which may include celebrities or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition.

Studio" means any location deemed fit by the Company for filming of the Program.

PRINCIPAL RULES

1. The Auditions are an integral part of the Program. The Auditions will be conducted on-ground in the Audition Centre(s) located in the Territory and interested Contestant(s) shall be required to be present at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below and is open only for legally married couples and ready to participate along with his/her spouse with the age group and criteria as mentioned herein.

2. The Company shall promote the Auditions through on-air (promos, Astons, bugs etc)., print, radio, online, official social media pages/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Auditions, wherein the Contestant(s) can get details of the Auditions, timings and venue(s) of Audition Centre.

3. Procedure to Register :

i. Sharing Personal Information

 

a. To register and to participate in the Auditions, the interested Participant (s) shall:

i. have a unique registration code assigned to him/her at the Audition Centre(s) (“Registration Number”);

ii. Fill and execute a registration form or any other document(s) at the Audition Centre(s) and duly submit all personal information including but not limited to date of birth, full name, gender, age, email ID, contact number(s), the name of their state/city where they reside, marriage photo with spouse, recent photo with spouse and/or any other information/documentation as sought by the Company and/or the Production House, at its discretion during the Audition Period as may be required to be submitted by them on the registration form (“Personal Information”) in a manner and form, as requested and/or prescribed therein (“Registration Form”);

iii. If selected for Level 2 of the Auditions, the Participant(s) shall be required to fill and execute the declaration cum indemnity and/or any other document at the Audition Centre(s) as may be required to be submitted by them on the registration form in a manner and form, as requested and/or prescribed therein (“Participation Agreement”).

b. In case the said Contestant(s) is unable to attend the auditions along with his/her spouse or furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same or submit the necessary proofs, the said Contestant(s) shall be disqualified by the Company. For the purposes of this Auditions, the Registration Number and the Registration Form bearing the signature of the Contestant(s) (both wife & husband signature) on the Registration Form duly submitted by the Contestant(s) at the Audition Centre(s) shall be considered as a complete entry (“Entry”).

c. Contestant(s) undertake that all Personal Information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition Centre are true, correct, accurate and original. Any incomplete entry(ies) and/or Entries with incorrect format/formation and/or inadequate information and/or false / unauthenticated / fabricated entry(ies) will be considered invalid and will be disqualified from participating in the Auditions. The Company shall be free at any point of time to contact and/or communicate with the Contestant(s) for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the Entry and the Contestant(s) shall unconditionally facilitate the same.

d. If at any point of time the Company finds that the Personal Information shared by the Participant is found to be false and /or unauthenticated and /or fabricated, then STAR shall have the right to forthwith disqualify such Participant from further participation and his /her Entry shall immediately be considered to be null and void.

e. The Participant(s) agrees and undertakes that all Personal Information, provided by him/her at the time of registration is true, correct, and accurate. The Participant(s) hereby represents, covenants and declares that (i) marriage photo(s) of the couple & recent photo(s) of the couple are original, (ii) the photo(s) does not and will not constitute any infringement of copyright or any right of privacy, or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurts the religious sentiments of people worldwide or be defamatory of any person deceased or alive or blasphemous in its content and that he/she fully owns and controls all rights and interests including all intellectual property rights in the Photo(s), such material and all rights therein and that no other person or party has right or interest in the Photo(s) as a partner or otherwise howsoever (iii) the Photo(s) shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever. The Participant further agrees and confirms that the Company is entitled to reject the Entry of the Participant in the event that the details submitted by the Participant at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.

f. The Participant agrees and undertakes that the EntryPhoto(s) submitted by him /her is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, objectionable, disparaging etc.

g. The Participant(s) further agree and undertake that he /she shall not host, display or share any information that belong to another person and to which the Participant(s) do not have any right to;

a. is grossly harmful, harassing, blasphemous, pornographic, pedophilic, 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;

b. harm minors in any way;

c. infringes any patent, trademark, copyright or other proprietary rights;

d. violates any law for the time being in force;

e. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

f. impersonates another person;

g. 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. For avoidance of doubt, Participant agrees that STAR has the right to remove any such material/Entry which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.

h. Entries at the respective Audition Centre(s) shall be on first come first serve basis between 10.00 am to 6.00 pm and/or any other time as decided and communicated by the Company at its sole discretion. It is further clarified that the Company reserves the right to close the registration process at any of the Audition Centre(s), in any manner it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding and the Contestant(s) shall not challenge/dispute such decisions. Any Entry received after the Audition Period will not be considered for the Auditions and shall be deemed null and void. The Company shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever . It shall be the Participant’s sole responsibility to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein.

4. The selection and shortlisting process for the Auditions shall be conducted as detailed below for each Level of the Auditions. For the sake of clarity, a Participant cannot enter the Auditions without undergoing the process at each Level:

A. LEVEL 1

i. Subject to the Participant(s) having made a valid Entry, all the Photo(s) fulfilling the criteria set out herein shall be viewed and rated by a panel comprising of the representatives of the Company and/ or any representatives of the Production House and/or renowned experts appointed by the Company and/or by the Production House, as selected and determined by the Company in its sole discretion (“Panel”). This Panel shall personally interview the Participant(s) and rate the Photo(s), communication skills, personality, confidence, overall performance, etc. or any other criteria determined by the Company / the Production House in its sole discretion. The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s). The Participant(s) shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.

ii. The Panel shall have the sole authority to judge and rate the Photo(s) and performance of all the Participants and their decision shall be final and binding on all Participants. Based on the evaluations of the Photo(s), interviews by the Panel, the top rated performances shall be shortlisted and the Participants(s) shall be selected and eligible for participation in Level 2 of the Auditions.

iii. All Participant(s) selected and shortlisted for Level 2 shall be personally intimated about their selection vide an email and/or telephone or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant(s) shall be solely responsible for checking the email/calls received from the Company.

iv. It is further clarified that the Company is free and entitled to at its sole discretion in any manner it may deem fit, publish any of the Photo(s) of the Participant(s) who have submitted valid Entries during the Period in any mode and manner at the sole discretion of the Company. For avoidance of doubt it is clarified that it shall not be mandatory for the Company to publish the Photo(s) of all the Participants having submitted valid Entries. No correspondence and/or phone calls shall be entertained in this regard.

v. The cost of travel and lodging of such Participant(s) to Audition Center for Level 1 Auditions shall be borne by the Participant(s) only, without any recourse to the Company.

vi. The Company shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant(s) shall unconditionally promptly facilitate the same.

vii. The Company reserves the right to select any number of Contestant(s) from the Level 1.

B. LEVEL 2

i. Participant(s) shortlisted at Level 1 shall be required to be present in the Audition Centre in Hyderabad or any other location / city as deemed fit by the Company at its sole discretion to participate and perform in Level 2 Auditions on specific dates and time as decided and communicated by the Company. Such Contestant(s) shall be required to perform acts revolving around the theme of games including but not limited to showcasing their individual talent, etc (“Act”) and shall be further personally interviewed by the Company and/ or Panel.

ii. The cost of travel and lodging of such Participant(s) to Audition Center for Level 2 Auditions shall be borne by the Participant(s) only, without any recourse to the Company. If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.

iii. The Participant(s) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents in and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information (defined above) provided by the Participant(s) in Level 1. For avoidance of doubt it is clarified that each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

iv. Further, the shortlisted Participant(s) from Level 1 shall be required to perform an Act as mentioned herein above before the Judges as per their requirements. The Participant voluntarily agrees and grants the Company and /or the Production House permission to tape , record this interactive session forming part of Level 1 & Level 2 of the Auditions (“ Audition Video”) and use and /or Exploit the same in any manner whatsoever worldwide in perpetuity. It is further clarified all rights including but not limited to the Intellectual Property Rights in these Audition Videos shall vest with STAR worldwide in perpetuity.

v. The performance of these Participant(s) and the Audition Videos collectively shall be evaluated by the Judges on the basis of the personality, confidence, overall performance, compatibility & chemistry, energy in participation, etc. and such other criteria as may be determined by the Company in its sole discretion. For avoidance of doubt it is clarified that the decision of the Company and/or the Judges shall be final in this regard and the Participants shall not have any objection to the same.

vi. The Contestant(s) shall be evaluated by an esteemed panel comprising of representatives from the Company or Production House and /or any prominent actor as finalized by the Company at its sole discretion (“Judges”). The Judges shall be judging the performance and Acts of Participants in the Program and /or forming part of the Program (“Judges”) engaged by the Company at its sole discretion.

vii. The Judges and/or Company shall, based on the acts performed by the Contestants in Level 2, select Show Player(s) for the Program. The selected Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company from time to time.

viii. Company and /or the Production House reserve the right to stop/interrupt the Contestant(s) during the Act and the Contestant(s) shall have no objection to the same.

ix. The selected Show Players will need to reside in any place in India decided by the Company at its sole discretion, during the shoot schedule of the Program

x. Upon successful completion of the contract and agreement with the Show Player(s) in relation to the arrangements for such Contestant(s) attendance at the Studio, the selected Show Player(s) must attend the Studio at the time and date communicated by the Company.

xi. In the event of the failure of any of the Show Player(s) from attending the Studio by the aforesaid time for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Show

xii. Such selected Show Player(s) shall be required to mandatorily attend the grooming and act presentation training sessions /workshops conducted by the Company at such time and place as the Company may deem fit.

5. Participant(s) who have previously participated in any shows /programs and /or appeared /featured in any television programs (of any genre) or have entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation to the Company. The Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Contestant(s) agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter.

6. The Company reserves the right to extend the timing or close the gates of the Audition Centre(s), without prior notice to the Contestant(s) and/or people who have turned up at the Audition Centre(s). Such decision of the Company shall be final and binding on all the Participants.

7. Irrespective of whether the Participant(s) have been disqualified and /or eliminated at any of the Levels of the Auditions and fail to proceed further or if their Entries have been disqualified at any Levels of the Auditions, the Company and /or the Channel shall continue to have the right to Exploit and /or publish the Audition Videos and/or Photo(s) submitted by them as part of their Entries on the Website and /or any digital platforms owned by the Company and /or its affiliate worldwide in perpetuity.

8. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Channel/Company /jury/Panel/Judges shall be binding on all the Contestant(s) and in no event shall the Contestant(s) dispute the decision made by the Channel/Company or its employees in connection to the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection process to qualify for the Contest/Program, the decision of the Company shall be final and binding.

9. The Company and /or the Production house and /or the jury and /or the Panel and /or the Judges (as the case may be) reserve the right to stop/interrupt the performance of the Contestant(s) at any given point during any of the Levels of the Auditions and the Contestant(s) shall have no objection to the same nor shall they raise any objections against the same. It is further clarified that the Company and /or the Production House and /or the jury and /or the Panel and /or the Judges (as the case may be) are not obligated to watch the performance of the Contestant(s) and /or the Act beyond a reasonable time period. For the purposes of this Contest, reasonable period shall mean 30 (thirty) seconds. The Participant shall abide by the decision of the panel and/or Judges/Company/Production House in this regard.

GENERAL RULES

1. The Auditions are strictly open only to legally married couples between the age group of twenty one (21) years and 35 (thirty five) years as on ………… December, 2019, and requires that the Participant(s) must be a citizen and resident of India and conversive in Telugu Language and willing to perform in the Program with spouse.

2. Employees of the Company, of the Production House, 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 and members of their immediate family; individuals not conversant in spoken Telugu or English; are ineligible to enter the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant(s) incase a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s).

3. In the event the Participant is found to be in violation of any applicable laws at any point of time during the Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions.

4. Participant represent to the Company that the Participant is free and competent to enter the Auditions; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein.

 

5. Participant(s), hereby provides his/her consent for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy, and (ii) the following terms and conditions:

 

a. The Participant has read, understood and accepted the Privacy Policy and understand and agree that the Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy

b. The Personal Information may include information inter alia name, date of birth, address, age, gender, marital status, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition and sexual orientation, images, videos etc

c. The Personal Information is being collected by the Company/ Production House pursuant to the Terms and Conditions, in connection with the Auditions/Program and it is necessary for the Company/ Production House to collect the Personal Information for the Auditions Program and the uses set out below in (d) below.

d. The Personal Information will be used for the Auditions/Program, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by the Company, in respect of the Auditions/Program on the channel(s) owned by the Company and/or the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd or any other third parties.

e. The Personal Information will be shared by the Company with the Production House, the Panel, Judges and the public at large, in connection with the Program.

f. The Production House will be collecting and retaining the Personal Information on behalf of the Company.

g. The Company has informed the Participant his/her rights to: (i) review his/her Personal Information for deficiencies and inaccuracies and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify your entry and/or participation in the Auditions and /or Program, as deemed fit and necessary by the Company at its sole discretion.

h. All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel/Judges be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information

6. The Participant shall not make any claims against STAR, Channel, their directors, employees 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 their participation or non-participation in the Auditions or any related activity including any unauthorized access of the Video etc. If the Participant is found to be ineligible, or if he /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.

7. Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant (s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. The Participant (s) shall hold harmless the Channel, Production House, Company, 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), in any manner whatsoever in connection with the Program and/or any aspect of the Auditions and 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.

8. Participant acknowledge that the Program is a couple based game show, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant fully understand this aspect of the Program and shall neither hold the Production House/STAR liable for any such depiction nor shall make any claims in respect of the same against the Production House/Star and/or the Channel or any of its representatives and/or the Jury.

9. Company reserves all rights to make amendments to the Auditions Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant to check the Terms and Conditions for the Auditions on the Website and /or the Platforms from time to time. STAR also reserves the right to cancel and/or postpone the Auditions/Program without any prior intimation to the Participant.

10. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/Program. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions and/or Program. The Participant further confirm that he /she is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).

11. Participant (s) is required to furnish necessary supporting documentation in original (i.e., birth certificate, school leaving certificate or passport) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions and/or Levels. The Participant(s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or STAR in its sole and absolute discretion.

12. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions , without any prior intimation to the Participant and/or the public. The Company further reserves the right to, at its discretion any time during the telecast of the Program re-introduce the Auditions either on-ground or digital for the purpose of introducing new Participants for participating /competing in the Program.

13. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.

14. The Channel/STAR India reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and also STAR India/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.

15. In case for whatever reason any Participant is not agreeable to travel, stay, etc. entirely at his/her own expense, the Company will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

16. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding and each Participant shall without limitation be bound by such decision of the Company.

17. Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement of any event or any person alive or deceased, material, or anything of an advertising nature and will not expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.

18. Participant(s) shall not grant or publish any interviews, any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the Participants, names and identity of the selected Show Players, Judges or the format of the Program or any aspect related to the Program or any information regarding the Company without Company’s prior written consent in each instance. The Participant shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company.

19. Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant (s) shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Auditions /Program/ Show.

20. Non-conformance by any Participant of the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then STAR will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

21. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company (“Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Show/ Programs/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participants.

22. Notwithstanding a Participant 's participation in the Show/ Auditions there is no obligation on the part of the Company to broadcast any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.

23. Participant (s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot during the Auditions/Show or the Program 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 Participant (“ Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

24. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company (‘Offer’). The Participant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

25. The Participant(s) waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s) agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant acknowledge that the Entry submitted and /or Videos submitted and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.

26. The Participant agree and acknowledge that the Channel / STAR shall have the sole and exclusive right to edit,alter, modify and or use any Footage or Materials in respect of their Entry uploaded on the Platform in any manner whatsoeverit may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

27. The Participant shall make themselves available from time to time and co-operate with the Channel and/or STAR and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable to the Participant. Further, the Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.

28. Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘Likeness’) to appear on and be used in connection with the promotion of the Program all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or STAR or the Channel without notice to the Participant and without any further compensation to the Participant.

29. The Participant agree that in consideration of being given opportunity to participate in the Auditions ,they shall hold harmless the main sponsor (if any), Channel, STAR its employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions 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 against the Production House and/or the Channel and/or STAR to claim any damages or reliefs or otherwise.

30. The Participant agree to keep STAR India, the Channel, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry including the Video, Profile by STAR and /or any of its affiliate companies and/or channels.

31. The Participant agrees that STAR shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. STAR shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk

32. Certain information relating to the Production House, STAR, the Program, Channel, will be disclosed to the Participant(s) by the Production House and/or STAR which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/STAR, as the case may be, and is valuable, special and unique to the business of Production House/Star India, as the case may be. Participant(s) shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.

33. Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.

34. If any party or person has any complaints and /or claims including but limited to copyright violation /infringement in respect of the Video(s), then please email your query to hello@startv.com.

Your email, which must bear your digital signature or a signed written complaint should include the following information:

i. Your contact information;

ii. A description of your work that you believe has been infringed;

iii. Details of the allegedly infringing Video’s specific URL;

iv. Other relevant information required by the Company to assess the complaint.

Company shall take all reasonable measures, including removing the alleged infringed Video within 2 (two) working days from date of receipt of your email. You agree and acknowledge that the Company's responsibility in relation to infringed Video is limited to removing them post receipt of your claims /complaints in accordance with this Terms and Conditions uploaded on the Website and the Company shall not be responsible or liable for any other damages or losses incurred by you or any other person claiming through or on behalf of you, of any nature whatsoever.

35. The Participant acknowledge 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.

36. Participant acknowledge that their representations, warranties, indemnities, grant of rights in the Entry including Video, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

37. Participant agree and acknowledge that all the Personal Information shared by the Participant through the Auditions shall be collected, used and stored by the Company and/or the Production House and use the same in any manner whatsoever.

38. The participation of the Participant the in the Auditions shall mean that the Participant has read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.

39. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, 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 Hyderabad, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant Couple(s) who has raised the dispute.

40. Subject to the above provision, the Courts having exclusive 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 Hyderabad, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

 

“Dabangg 3” Movie Contest

Contest - Terms & conditions

The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest ( as defined below) as detailed herein for participation in the “Dabangg 3” (“Contest”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in the UAE (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited together with its affiliates, including but not limited to Star Asianet Middle East FZ LLC (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

Your act of participating in the Contest shall be deemed to be your absolute agreement to the rules and regulations, terms, Privacy Policy 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 accept these Terms and Conditions will disqualify your participation in the Contest.

The Contest shall be governed by the Terms and Conditions, and, by entering the Contest, each Participant acknowledges that he/she has read and understood, and unconditionally agrees to comply with and abide by these Terms and Conditions. The decisions of STAR on all matters relating to the Contest shall be final and binding in all respects.

The Privacy Policy available at the Website at www.startv.com shall govern all usage of any personal information and/or any other information as detailed in the Privacy Policy, including but not limited to, any information in relation to your participation in the Contest, gathered under, or pursuant to this Contest by STAR (if any).

STAR shall promote the Contest on the channels “Star Plus Middle East”, “Star Gold International” and “ Asianet ME” (“Channel(s)”) and on its Facebook Page at the https://www.facebook.com/STARPlusMiddleEast/ and https://www.facebook.com/AsianetME/ (“Facebook Page”)

The Contest shall commence on 10th Dec, 2019 at 12:00 AM UAE and shall conclude on 14th Dec, 2019 at 11.59 pm UAE (“ Contest Period”).

(I) Participants Eligibility

To participate in the Contest the Participant(s) must comply with the below:

1. The Participant(s) must be individual citizens/resident of the Territory and of twenty (21) years of age or above at the start date of the Contest Period.

2. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract.

3. The Contest is not open to the employees (permanent or contract) and directors, including each of their immediate family members, of (i) STAR, its parent, subsidiary and affiliated companies (collectively, “ STAR Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and or entities connected with the promotion of the Contest (collectively, “Sponsors”).

4. STAR reserves the right to verify the eligibility of all Participants.

5. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s Entry(s) as null and void.

(II) Participation Mechanism:

1. A question related to the movie Dabangg 3 with three answer options – two incorrect and one correct shall appear on the Facebook Page. The question with the three answer options shall be flashed at any time during the Contest Period as such number of times decided by STAR.

2. To enter the Contest, Participants must watch the Channel(s) during the Contest Period and pick the correct answer to the question during Contest Period. To send in their entries, Participant(s) will SMS “STAR the correct option A, B or C to 7871 (“Entry”).

3. SMS charges as charged by the network provider shall apply. STAR shall not be responsible for the cost of the SMS charged by the respective network provider(s) and shall be borne by the Participant(s) alone.

1. Only the first Entry per Participant(s) shall be allowed and considered for the purpose of the Contest. For the sake of clarity, if a Participant(s) has/have submitted their first entry with the incorrect answer and subsequently with the correct answer, only the first Entry shall the considered for the Contest, the subsequent Entry shall be considered null and void.

2. An Entry will be deemed valid only on completion of the full details requested along with the answer to the question.

3. Any details submitted must be accurate and complete and are subject to proof upon request by STAR.

4. Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted.

5. The Entries received before the commencement or after the expiration of the Contest Period shall be void. Any incomplete and/or illegible entries will result in disqualification from entry into the Contest and the receipt of any prize.

6. STAR shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, STAR shall not be responsible for technical errors of any nature whatsoever that results in a Submission not being received. Any automated receipt of confirmation does not constitute proof of actual receipt.

7. Only eligible Submissions/Entries received during the Contest Period will be included in the Contest.

8. Submissions should state all the required information asked from the Participant(s). If the same is not complied with, then the Submission will not be considered and will be disqualified.

9. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirm that the Entry is in compliance with all applicable laws of the Territory and agrees to keep STAR, STAR Entities and/or Sponsors indemnified from any claim thereto.

10. The Participant(s) agrees that the Entry shall be free of any virus/Trojans/spy or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intend to harm and/or provide unauthorized access to the recipient’s computer and the data therein.

11. The Participant(s) represents and Dabangg 3 rants that the persons appearing in the Entry are the Participant(s) and his/her relatives alone and are not a group of friends or acquaintances. The Participant(s) represents that the Entry is authentic and not fabricated for the purposes of the Contest.

(III) Selection Process and Gratification:

1. STAR shall within Two (2) days after the expiry of the Contest Period shortlist Fifteen (15) Participants (randomly who has answered the question correctly (“Winner”). Such Winner shall be required to fulfil all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR

2. The Winner will be contacted on the phone number through which the Entry was submitted. Such Winner will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company, to verify the personal information provided by the Participant(s) including but not limited to age proof and address proof (eg. Passport/Resident VISA/ any other valid ID for verification) (“Documents) within next 48 (forty-eight) hours of contacting them. Each of the selected Winner(s) shall be required to furnish the necessary documentation in original to confirm the eligibility details, etc. In case the said Winner(s) is unable to furnish the original document(s) to verify the eligibility details, the said Winner(s) shall be disqualified from the Contest, based on the sole discretion of the Company. In the event, Winner fails to submit the Documents within the stipulated time, his/her participation shall be invalidated and he/she shall forfeit his/her chance to win the prize. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).

3. The communication to the Winner would be done within thirty (30) days from the end of the Contest Period. In the event, such communication to Winner is postponed for whatsoever reasons, STAR will not be held responsible and there shall be no winner announcement done on any public forum or otherwise.

4. STAR shall not be responsible if the Winner are not available at the email id provided by them and as a result of which the Winner loses his/her chance to receive the prize.

5. In the event that STAR is of the opinion none of the Entries are eligible to be selected as a Winner, then STAR may exercise its discretion not to select any winning Entry.

6. STAR shall make only one (1) attempt to reach the Winner. In case they do not revert, the selection shall be invalidated and STAR shall not be liable to that Winner in any manner whatsoever.

7. The Winner shall be required to be present in such location as required by the Company to receive four movie tickets for the movie Dabangg 3. (“ Prize”).

8. The Winner shall be solely responsible for his/her travel to and from the movie theatre at its sole cost without any recourse to STAR. The Winner shall be responsible for and shall bear any other costs, expenses and charges not specified as being included in the Prize description informed to the Winner from time to time.

9. STAR shall not be liable if the Winner misses the Movie or for any loss/ damage to their person or property caused/incurred during transit to the venue to receive the Prize. The Winner shall keep STAR indemnified for any loss suffered as a result of the same.

10. STAR shall not be responsible for payment to Dabangg 3 ds alcohol, cigarette, laundry, telephone etc consumed by the Winner.

11. The Winner shall make a declaration as to his physical and mental fitness and shall indemnify STAR against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and Dabangg 3 ranties.

12. If the selected Winner are unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.

13. All decisions of STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed that the Participant(s) has waived their right to dispute any decision(s) made by STAR.

14. STAR reserves the right to withdraw the Prize should the selected Winner fail to comply with any of these Terms and Conditions and/or applicable laws or for any reason whatsoever.

15. STAR, STAR Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize, nor for any changes in dates or times or cancellations which may prevent the selected Winner from availing of the Prize offered.

16. Each Participant hereby acknowledges and agrees that STAR or STAR Entities shall not be held responsible for any acts or omissions on the part of the distributors while availing of the subscription of the channels and/or access to internet platform. It is solely the responsibility and discretion of the distributors in their respective Territory to distribute the channels to a particular Participant in any manner which they deem fit.

17. In case a Participant(s) and/or Winner fails to produce any documents required by STAR for the purpose of verification of complicate with these Terms and Conditions, such Participant(s) and/or Winner the shall stand disqualified without any liability to STAR.

18. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner and the Winner 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.

(IV) Additional Terms:

1. STAR 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) check the Terms and Conditions of the Contest on the website of STAR i.e. www.startv.com

2. STAR reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.

3. Under no circumstances will STAR, STAR Entities and/or the Sponsors 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.

4. The Winner hereby acknowledge and agree that the relationship between the Winner and STAR is not a confidential, fiduciary, or other special relationship.

5. The Winner hereby agree to be bound by the Terms and Conditions and/or by any subsequent revisions of the Terms and Conditions (“ Revised Terms”). STAR reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Terms.

6. All Submissions and/or Entries shall become the property of STAR and/or STAR Entities. By entering the Contest, the Winner grants STAR and STAR Entities unlimited use of their names, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.

7. For the sake of clarity, all rights, title and interest in Entry shall vest with the STAR and may be utilized by STAR at a later point in time, at its sole discretion. The Participant and/or the Winner hereby irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Entry to the STAR including but not limited to the right to make any adaptation, rights in any form of exploitation etc.

8. All ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges (including visa charges), expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the selected Winner.

9. By providing any personal information to STAR and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to STAR. If a Participant does not wish to have his/her information and/or likeness viewed by or disclosed to others, he/she should not enter the Contest.

10. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,

11. The Winner agrees that if due to any reason, whatsoever, beyond the control of STAR the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.

12. STAR 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 Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

13. The Winner 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 in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR failing which their selection shall be forfeited.

14. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, STAR 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 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 Winner during the Contest and/or enjoyment of the Prize.

15. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of STAR, in any manner whatsoever.

17. The Contest shall be governed by and construed in accordance with the applicable laws of India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai.

18. Limitations of Liability: By entering the contest, each Participant 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 a 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 star and/or star entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise

“The ‘Good’ in ‘Goodbye’”

Terms & Conditions

Please read the following Terms and Conditions very carefully before participating in the activity “The ‘Good’ in ‘Goodbye’” (“Activity ”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Activity, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/‘ T&Cs’) govern Your participation in this Activity to be held on the Star World’s’ Twitter handle at twitter.com/StarWorldIndia (“Official Twitter Handle”) at 12:00 AM on December 10, 2019 to 11:59 PM on December 12, 2019 (“ Activity Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘You’ / ‘ Your’) agree and confirm that the Participants have voluntarily participated in the Activity and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound by or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Activity. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify You from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Activity. You hereby agree and understand that Star India will have access to and collect personal information and data shared by the Participants (“ Personal Information”). The Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Activity and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content. Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Activity shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Activity in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time. Star India may promote the Activity on various social media platforms, television, etc.

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content:

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Activity;

iii. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Star India to develop on the Content;

iv. The Participant should have proof of age and educational qualification when requested by STAR India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

v. The Participant should abide by all the applicable laws at all times.

vi. Employees and representatives of Star India and their immediate family member(s) and affiliates/group companies of Star India shall be eligible to participate in this Activity.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject the Content and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the Activity Post (defined below) shared by Star India on the Official Twitter Handle i.e. audio-visual video or post/call out requesting the followers to leave a “good-bye message” for the judges of Masterchef Australia (“ Activity Post”) and respond within the Activity Period in English language by way of a comment using the Hashtag (as defined below) [hereinafter referred to as “Content”]. It is hereby clarified that the Content submitted by the Participant on the Official Twitter Handle shall not exceed 280 (Two Hundred and Eighty) characters.

The Participant(s) should only submit Content which satisfies the following criterion:

i. Relevant to the Activity as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Activity.

ii. upload the Content on the Official Twitter Handle from their own Twitter handle by using the hashtag #StarWorldGoodInGoodbye (“Hashtag”) and such account should not belong to any third party.

iii. be original and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third party and/or privacy/personality rights;

iv. has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and/or any of its employees /directors /representatives;

v. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies;

vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights;

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement.

2. Activity Mechanism:

Stage 1: Submission :

2.1. After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content from the Participant’s Twitter handle. The Participant(s) must enter the Activity on his/her own behalf and Content submitted by proxies will not be accepted. For avoidance of doubt, it is clarified that for the purpose of participating in the Activity, the Participant(s) may upload as many post(s)/tweet(s) as they desire but only post(s)(tweet(s) received before the close of the Activity Period shall be considered valid for the Activity. The Participant(s) agrees not to spam and/or tweet the same post multiple times, (however re-tweet of the original Activity Post/Content shall be counted as valid Entries to the contest). In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Activity. In the event of multiple Entries (defined below) received from a Participant(s), all the Entries received by such Participant (before the close of the Activity Period) shall be considered for the purpose of this Activity.

2.2. The Participants’ adherence to the eligibility criteria provided hereinabove, responding to the Activity Post by way of a comment/tweet/post and using the correct Hashtag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag and/or which is not original or which is repetition or if the Participant(s) does not satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity. 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 data or information.

2.3. The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use, exploit and/or utilize the Content during or after the Activity Period, as it may deem fit at its sole discretion. Star India may create a photograph gallery/video containing the Content and/or any part thereof during or after the Activity Period, as it may deem fit at its sole discretion. Star India will be free to exploit, display, publish and use such the Content, as it may deem fit at its sole discretion and in any manner whatsoever. In consideration of being given an opportunity to participate in the Activity, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) shall be solely responsible to obtain consent(s) from the respective third party(ies) for the individual(s), location(s), event(s), etc. which form part of the Content and Star India shall not be responsible in any manner whatsoever. The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. Star India reserves the right to deny 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 deny the Participant(s) entry in the Activity, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.

Stage 2: Internal Review and Result :

After receiving Your submission of the Content in relation to the Activity, Star India will internally review the Content received on the Official Twitter Handle and for each correct Entry received and for every re-tweet of such Correct Entry, Star India will give 1 (one) meal to such underprivileged person(s), as may be identified by STAR’s verified and empanelled Non-Governmental Organisation (NGO). The final number of correct Entries received on the Official Twitter Handle and the number of meals proposed to be given to underprivileged person(s) shall be announced by STAR on the official social media handles of STAR.

The Participant(s) agree and confirm that by participating in the Activity or shortlisting of their Entries for the purpose of the Activity, the Participant(s) will not be eligible for any gratification, monetary or otherwise, by STAR or any other party. This Activity is being conducted by STAR purely to further a social cause and to provide meals to the underprivileged persons. STAR shall not be responsible for any claims in relation to non-receipt of gratification/prizes/gifts or any other award.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

3.1. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content uploaded/ submitted by You. Nothing in law, contract or otherwise restricts You from submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;

3.3. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);

3.4. You have not prior to the submission of the Content approached or submitted or pitched the Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies and /or Star India and /or any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever. The Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

3.5. The details and any other information given by You in connection with the Entry and/or submission of the Content is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

3.6. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data.

3.7. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

3.8. The Content shall not include any advertisements or solicitation of any business/es;

a. You undertake to ensure that the submission of Content is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Content): that belongs to another person and which You do not have right to;

b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

c. that harm minors in any way;

d. that infringes any patent, trademark, copyright or other proprietary rights;

e. that violates any privacy laws for the time being in force;

f. that violates any law for the time being in force;

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

i. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

j. that 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by Star India or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to Star India and/or possible acceptance of the Content by Star India and (v) if any representation, warranty or Personal Information made by You turns to be untrue, false and/or inaccurate (vi) 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 Content forming part of the Entry and/or the Activity during the Activity Period. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

3.10. You acknowledge and confirm that Star India’s licensors and/or any of its affiliates are not in any manner whatsoever associated with the Activity. This Activity is in no way sponsored, endorsed or administered by Star India’s licensors or any of their respective affiliates. The Participant(s) unconditionally and irrevocably release and discharge Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Activity.

4. General Rules:

4.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content per se shall not be deemed to constitute acceptance by Star India and nothing herein shall be deemed to impose an obligation on Star India to accept and/or exploit and/or utilize the Content. You recognise that other persons may have submitted to Star India or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Star India shall have the right to use, independent of You and /or your submission of Content.

4.2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency 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 “Tweet/Post/Submit” button. 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 and/or its affiliates. Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. 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 subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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. You agree and declare that You have 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 Your participation in the Activity and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by Star India, 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 Content including any form of photographs, stills, literary works made by the Participant(s) or compilation, and any other Intellectual Property created/ generated by the Participants during the course of the Activity.

4.3. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

4.4. For the purposes of this Activity, by uploading and/or submitting his/her tweet/post on the Twitter, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform will be deemed invalid and will be disqualified from the Activity without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter shall be resolved directly with the platform without any recourse to Star India.

4.5. The upload or submission of posts/tweets will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using the respective social media accounts while roaming in different circle/zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.

4.6. You acknowledge and agree that the posts/tweets submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Twitter, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform(s) and/or on account of the Participant’s failure to comply with the terms imposed by such platform(s).

4.7. By providing any Personal Information to Star India, as part of the Entry, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their likeness or Personal Information furnished to Star India;

4.8. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing Terms and Conditions or withdraw, change, alter, amend the Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the website(s) from time to time in order to be informed of the latest version of the Terms and Conditions;

4.9. You agree and understand that the decision of Star India with respect to the Content submitted by You will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

4.10. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity and/or qualification of an Participant(s), STAR India not be held liable either directly and/or indirectly and in any event, and the decision of STAR India shall be final and binding on You;

4.11. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to Your participation in this Activity. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

4.12. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Activity;

4.13. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

4.14. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets/posts submitted by You.

4.15. 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 the Activity is delayed or postponed or cancelled;

4.16. Star India reserves the right to discontinue the Activity at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

4.17. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. 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 You, in consideration of Your participating in the Activity, hereby grant a royalty free, exclusive, perpetual, sub-licensable license to Star India for use in the entire world in any media deemed fit;

4.18. Star India reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your Personal Information and/or Content (in part or whole) is not in compliance with the Terms and Conditions herein;

4.19. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, in the network and/or the cost of the call or internet session charged by the telecom/mobile operator etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

4.20. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Activity. You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.21. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive 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 forums in India to claim any damages or reliefs;

4.22. You hereby understand that Star India makes no representation and/or warranties regarding the Activity or any matter in connection therewith other than those expressly given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied;

4.23. Limitation of Liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Activity shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India’s entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees One Hundred.

4.24. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of these Terms and Conditions by You, Star India shall be entitled to any and all remedies in law and/or equity;

4.25. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

4.26. The Participant acknowledges and confirms that neither the Star India’s licensors nor any of their affiliates are in any manner whatsoever associated with the Activity.

4.27. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Activity shall be at Your 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 or the content of any websites linked in relation to the Activity and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platforms including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platforms including this section, (iii) any unauthorized access to or use of our 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 accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website 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 via the social media platforms/ Activity section including loss of Content posted by You, 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.

4.28. Star India 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 in any manner whatsoever, in relation to the Activity and/or any matters arising out of the Terms and Conditions.

4.29. No purchase or payment of any consideration is necessary to enter the Activity. The only way to participate in the Activity is through participation as described in these T&C. Any person claiming that he/she can help You participate in the Activity and/or win any prizes for a consideration is defrauding You.

4.30. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You 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. Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

4.31. You hereby acknowledge that in case any portion/clause of these Terms 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;

4.32. You hereby irrevocably agree to and will maintain confidentiality in respect of any response and/or official communication that is provided to You 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.

4.33. You further understand and acknowledge that nothing herein obligates Star India to maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publicly; or (b) has been made available to Star India by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Star India or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Star India from any third party;

4.34. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

4.35. You 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.

4.36. The Activity shall be null and void in any jurisdiction where prohibited by law.

4.37. The Terms and Conditions shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Activity, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.

4.38. Subject to the provision of Paragraph 4.37. 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 Mumbai, India.

4.39. You acknowledge that in case the Activity and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India 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 seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Activity and/or the participation of an Participant forthwith and such decision shall be final and binding.

4.40. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Activity. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

4.41. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

4.42. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

4.43. You hereby acknowledge that Your voluntary participation in the Activity and /or Your contribution towards the Activity is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.

4.44. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

4.45. Star India recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

4.46. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

4.47. 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 You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the You and Star India., in this connection.

4.48. You hereby acknowledge that You have 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.

In case of any queries in relation to this Activity, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

'Masterchef Rooftop Dinners' Activity

Contest - Terms & conditions

Please read the following Terms and Conditions very carefully before participating in the “Masterchef Rooftop Dinners” activity (“Activity”) conducted by Star India Private Limited (“Star India/Us/ We”) for its general entertainment channel, Star World. By participating in the Activity, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (“Terms and Conditions”/ “T&Cs”) govern Your Participation in this Activity. The Participant hereby consents (“Participant(s)”/ “You”/ “Your”) that the Participant has voluntarily participated in the Activity, subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules for Participation and General Rules for Participation listed herein below. By proceeding further, the Participant(s) is representing to the Company that the participation in the Activity is in compliance with all laws applicable and the Participant(s) is not in any manner prohibited from participating in the Activity by any law.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Activity. You hereby agree and understand that Star India will have access to and collect information and data including but not limited to Personal Information (as defined below) submitted by the Participant(s). The Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”).

By participating in this Activity in the manner as stated hereunder, it is deemed that the Participant(s) has read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) does not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not participate in the Activity. Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify You from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Activity shall be governed by the Terms and Conditions stated herein below and the Participant(s) is requested herein to unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Activity in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not Register:

i. The Participant(s) should be an Indian citizen residing in the cities of Mumbai, Delhi and Bangalore only;

ii. The Participant(s) should have completed 18 (eighteen) years of age to be eligible to participate in the Activity. However, only the Participants who have attained the legal permissible drinking age as per applicable state law are permitted to consume alcoholic beverages at the Venue(s). All Participants shall carry the age proof at the Venues (defined below);

iii. The Participant(s) should not have a criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Activity;

iv. The Participant(s) should abide by all the applicable laws at all times;

v. Permanent and/or contract employees and directors of Star India, its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “Star Entities”) and each of their immediate family members are not eligible to enter the Activity.

In the event the Participant(s) fulfils all the criteria above, then You may participate in the Activity in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject Your participation in the Activity at any point of time in the event the above criteria or any part thereof is not satisfactory or it does not meet the qualifications or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.1A Activity Mechanism:

The Activity will be conducted at multiple locations (“Venues”) as determined by Star India in the cities of Mumbai, Delhi and Bangalore. The Activity will be hosted at the Venues on the dates as stipulated by Star India. The Venues may serve a curated menu which will include complimentary food and beverages, at the discretion of Star India.

The Activity is scheduled to start on 5th December, 2019 and end on 13th December, 2019 (“Activity Period”).

The Participants’ adherence to the eligibility criteria provided hereinabove shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) does not satisfy the eligibility criteria provided hereinabove, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity.

The Participant(s) should adhere to the terms, conditions, rules and regulations of the respective Venues. Rights of admissions are applicable as per the respective Venues and the Participant(s) is not guaranteed entry in the Venues or their participation in the Activity. At the Venues, the Participant(s) should act in good taste and Your behavior shall not be unlawful, misleading, discriminatory, fraudulent, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws;

You hereby understand and agree that Star India and/ or the Venues, at its sole discretion, reserves the right to prevent You from partaking in the Activity if You do not adhere to the above stated requirements. By participating in the Activity, it shall be construed that You have waived Your right to raise any dispute with regard to the Activity and/or any decision of Star India, in any manner whatsoever.

1.2. 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.

1.3. The Participant(s) hereby acknowledges and agrees that Star India has the right to record your participation in the Activity at the Venues (“Footage”), use, Exploit (as defined below) and/or utilize the Footage, in any manner as it may deem fit at its sole discretion. The Footage may include photographs, video recordings or other actions of the Participant(s) that will be recorded at the Venues during the Activity and Star India will be free to exploit, display and use such Footage during any on ground event, as it may deem fit at its sole discretion.

1.4. In consideration of being giving an opportunity to participate in the Activity, the Participant(s) hereby assigns all rights, title and interest in and to the Footage in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Footage, creatively in any manner as deemed fit by Star India.

1.5. Star India reserves the right to deny any Participant(s) from participating in the Activity if the Participant(s) is 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 deny the Participant(s) entry in the Activity, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.

2. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

2.1. Nothing in law, contract or otherwise restricts You from participating in the Activity or part thereof;

2.2. The details and any other information given by You in connection with the submission of information at the Venues or otherwise is original, true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

2.3. Your conduct at Venues during the Activity will not be defamatory of any person, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

2.4. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iii) if any representation, warranty or Personal Information made by You turns to be untrue, false and in accurate. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

3. General Rules of Participation:

3.1. Star India shall not be responsible in the event the invitation is not received due to any technical error of any nature whatsoever. Any response or 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 the invitation due to a technical error and/or defect in the functioning of the website or 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 subscribers/ Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India.

3.2. The Participant(s) hereby authorizes, permits, and grants consent to Star India, its affiliates) and/or their authorized representatives to record, take photographs Your image/ Likeness (as defined later), Footage or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) in any other manner as Star India may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, AVOD, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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. You agree and declare that You have 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 Your participation in the Activity.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant(s) relating to or in the footage owned by Star India, 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 Footage including any other form of literary works made by the Participant(s) or compilation and any other Intellectual Property created/ generated by the Participants during the course of the Activity.

3.3. The Participant(s) do hereby release in favour of and assign to Star India all rights including but not limited to the intellectual property rights in and to any footage having the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

3.4. For the purposes of this Activity, the Participant(s) agrees and undertakes to be unconditionally bound by the respective terms and conditions of the respective Venues. It is further clarified that such Venues specified hereinabove reserve the sole and exclusive right to make any amendments to its terms and conditions, at its discretion, and the Venues reserve the right to disqualify any Participant in the event of non-compliance with the Venues’ rules and regulations and applicable terms and conditions. Such decision of the Venues shall be final and binding on the Participant(s). The Participant(s) hereby agrees that any dispute arising between the Participant(s) and Venue(s) shall be resolved directly by the Participant(s), without any recourse to Star India.

3.5. The Participant(s) hereby allows the face, image, biographical data, name, signature, voice, photographs of the Participant(s) and the family/relatives/friends/colleagues of the Participant(s) (‘Likeness’) to appear on and be used in connection with the activity, all means of exploitations, distribution including, but not limited to, the press, internet, television. Star India reserves the right to use, in any manner whatsoever, in part or in whole the Likeness. By providing any Personal Information to Star India and during the Activity, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their Likeness or personal information furnished to Star India.

3.6. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit the T&Cs available at the section of the website of Star India http://www.startv.com/legal-terms-policies/#wpp from time to time in order to be informed of the latest version of the T&C.

3.7. You agree and understand that the decision of Star India with respect to the Materials will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

3.8. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity and/or qualification of a Participant(s), STAR India shall not be held liable either directly and/or indirectly and in any event, and the decision of STAR India shall be final and binding on You;

3.9. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participant(s) in any manner whatsoever, in relation to the Activity;

3.10. 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 the Activity is delayed or postponed or cancelled

3.11. Star India reserves the right to discontinue the Activity at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant(s) whatsoever without prior notice to the Participant(s);

3.12. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. 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, You in consideration of Your participating in the Activity, hereby grant a royalty free, exclusive, irrevocable, perpetual, freely sub licensable license to Star India for use of Materials in the entire world in any media deemed fit, to the extent the assignment of the Materials is not valid by operation of law;

3.13. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches in the network and/or the cost of the call or internet session (i.e., cellular data pack charges) charged by the telecom/mobile operator/internet service provider etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

3.14. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), gratification, prizes, applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to Your participation in the Activity.

3.15. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive 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 forums in India to claim any damages or reliefs;

3.16. You hereby understand that Star India makes no representation and/or warranties regarding the Activity or any matter in connection therewith other than those expressly given in these T&C’s and hereby expressly disclaims all other warranties, expressed or implied;

3.17. Limitation of liability: By participating in the Activity, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with the Activity shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India’s maximum aggregate liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

3.18. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of these Terms and Conditions by You, Star India shall be entitled to any and all remedies in law and/or equity.

3.19. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere participation in the Activity shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

3.20. You acknowledge and confirm that neither Star India licensors nor any of the respective Star India licensor’s affiliates are in any manner whatsoever associated with the Activity.

3.21. Participant(s) agree, understand and acknowledge that there is no prize/gratification for participating in the Activity.

3.22. Warranty Disclaimer: You agree that Your participation in the Activity shall be at Your 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 and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies, (ii) personal injury or property damage, of any nature whatsoever, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission (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 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.

3.23. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory of India, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

3.24. You hereby acknowledge 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;

3.25. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You 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.

3.26. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

3.27. You 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.

3.28. You have the rights to: (i) review your Personal Information (defined below) 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 Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend my Personal Information, Star India shall be entitled to disqualify your entry and/or participation in the Activity, as deemed fit and necessary by Star India at its sole discretion.

3.29. The Terms and Conditions shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Activity, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by You.

3.30. Subject to the provision of Paragraph 3.29 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 Mumbai, India.

3.31. You acknowledge that in case the Activity and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any act of God or event beyond the reasonable control of Star India 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 seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Activity and/or the participation of an Participant(s) forthwith and such decision shall be final and binding.

3.32. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Activity. Star India reserves the right to disqualify Your participation at the sole discretion of Star India.

3.33. 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 You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between You and Star India., in this connection.

3.34. You hereby acknowledge that Your voluntary participation in the Activity and /or Your contribution towards the Program is voluntary and out of You free will and consent, without any monetary compensation whatsoever.

3.35. You hereby acknowledge that You have 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.

3.36. In case of any queries in relation to this Activity, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

Mardaani 2 Contest

Terms & Conditions

The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest ( as defined below) as detailed herein for participation in the “Mardaani 2 Contest” (“Contest”) and shall be binding oneach participant (“Participant”, “Your” and/or “You”) residing in the UAE (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited together with its affiliates, including but not limited to Star Asianet Middle East FZ LLC (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

Your act of participating in the Contest shall be deemed to be your absolute agreement to the rules and regulations, terms, Privacy Policy 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 accept these Terms and Conditions will disqualify your participation in the Contest.

The Contest shall be governed by the Terms and Conditions, and, by entering the Contest, each Participant acknowledges that he/she has read and understood, and unconditionally agrees to comply with and abide by these Terms and Conditions. The decisions of STAR on all matters relating to the Contest shall be final and binding in all respects.

The Privacy Policy available at the Website at www.startv.com shall govern all usage of any personal information and/or any other information as detailed in the Privacy Policy, including but not limited to, any information in relation to your participation in the Contest, gathered under, or pursuant to this Contest by STAR (if any).

STAR shall promote the Contest on the channels “Star Plus Middle East”, “Star Gold International” andAsianet ME” (“Channel(s)”) and on its Facebook Page at the https://www.facebook.com/STARPlusMiddleEast/ and https://www.facebook.com/AsianetME/ (“Facebook Page”)

The Contest shall commence on 5th Dec, 2019 at 12:00 AM UAE and shall conclude on 12th Dec, 2019 at 11.59 pm UAE (“ Contest Period”).

(I) Participants Eligibility

 

To participate in the Contest the Participant(s) must comply with the below:

1. The Participant(s) must be individual citizens/resident of the Territory and of twenty (21) years of age or above at the start date of the Contest Period.

2. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract.

3. The Contest is not open to the employees (permanent or contract) and directors, including each of their immediate family members, of (i) STAR, its parent, subsidiary and affiliated companies (collectively, “ STAR Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and or entities connected with the promotion of the Contest (collectively, “Sponsors”).

4. STAR reserves the right to verify the eligibility of all Participants.

5. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s Entry(s) as null and void.

(II) Participation Mechanism:

 

1. A question related to the movie Mardaani 2 with three answer options – two incorrect and one correct shall appear on the Facebook Page. The question with the three answer options shall be flashed at any time during the Contest Period as such number of times decided by STAR.

2. To enter the Contest, Participants must watch the Channel(s) during the Contest Period and pick the correct answer to the question during Contest Period. To send in their entries, Participant(s) will SMS “STAR the correct option A, B or C to 7871 (“Entry”).

3. SMS charges as charged by the network provider shall apply. STAR shall not be responsible for the cost of the SMS charged by the respective network provider(s) and shall be borne by the Participant(s) alone.

1. Only the first Entry per Participant(s) shall be allowed and considered for the purpose of the Contest. For the sake of clarity, if a Participant(s) has/have submitted their first entry with the incorrect answer and subsequently with the correct answer, only the first Entry shall the considered for the Contest, the subsequent Entry shall be considered null and void.

2. An Entry will be deemed valid only on completion of the full details requested along with the answer to the question.

3. Any details submitted must be accurate and complete and are subject to proof upon request by STAR.

4. Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted.

5. The Entries received before the commencement or after the expiration of the Contest Period shall be void. Any incomplete and/or illegible entries will result in disqualification from entry into the Contest and the receipt of any prize.

6. STAR shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, STAR shall not be responsible for technical errors of any nature whatsoever that results in a Submission not being received. Any automated receipt of confirmation does not constitute proof of actual receipt.

7. Only eligible Submissions/Entries received during the Contest Period will be included in the Contest.

8. Submissions should state all the required information asked from the Participant(s). If the same is not complied with, then the Submission will not be considered and will be disqualified.

9. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirm that the Entry is in compliance with all applicable laws of the Territory and agrees to keep STAR, STAR Entities and/or Sponsors indemnified from any claim thereto.

10. The Participant(s) agrees that the Entry shall be free of any virus/Trojans/spy or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intend to harm and/or provide unauthorized access to the recipient’s computer and the data therein.

11. The Participant(s) represents and Mardaani 2 rants that the persons appearing in the Entry are the Participant(s) and his/her relatives alone and are not a group of friends or acquaintances. The Participant(s) represents that the Entry is authentic and not fabricated for the purposes of the Contest.

(III) Selection Process and Gratification:

1. STAR shall within Two (2) days after the expiry of the Contest Period shortlist Fifteen (15) Participants (randomly who has answered the question correctly (“Winner”). Such Winner shall be required to fulfil all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR

 

2. The Winner will be contacted on the phone number through which the Entry was submitted. Such Winner will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company, to verify the personal information provided by the Participant(s) including but not limited to age proof and address proof (eg. Passport/Resident VISA/ any other valid ID for verification) (“Documents) within next 48 (forty-eight) hours of contacting them. Each of the selected Winner(s) shall be required to furnish the necessary documentation in original to confirm the eligibility details, etc. In case the said Winner(s) is unable to furnish the original document(s) to verify the eligibility details, the said Winner(s) shall be disqualified from the Contest, based on the sole discretion of the Company. In the event, Winner fails to submit the Documents within the stipulated time, his/her participation shall be invalidated and he/she shall forfeit his/her chance to win the prize. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).

3. The communication to the Winner would be done within thirty (30) days from the end of the Contest Period. In the event, such communication to Winner is postponed for whatsoever reasons, STAR will not be held responsible and there shall be no winner announcement done on any public forum or otherwise.

4. STAR shall not be responsible if the Winner are not available at the email id provided by them and as a result of which the Winner loses his/her chance to receive the prize.

5. In the event that STAR is of the opinion none of the Entries are eligible to be selected as a Winner, then STAR may exercise its discretion not to select any winning Entry.

6. STAR shall make only one (1) attempt to reach the Winner. In case they do not revert, the selection shall be invalidated and STAR shall not be liable to that Winner in any manner whatsoever.

7. The Winner shall be required to be present in such location as required by the Company to receive four movie tickets for the movie Mardaani 2. (“ Prize”).

8. The Winner shall be solely responsible for his/her travel to and from the movie theatre at its sole cost without any recourse to STAR. The Winner shall be responsible for and shall bear any other costs, expenses and charges not specified as being included in the Prize description informed to the Winner from time to time.

9. STAR shall not be liable if the Winner misses the Movie or for any loss/ damage to their person or property caused/incurred during transit to the venue to receive the Prize. The Winner shall keep STAR indemnified for any loss suffered as a result of the same.

10. STAR shall not be responsible for payment to Mardaani 2 ds alcohol, cigarette, laundry, telephone etc consumed by the Winner.

11. The Winner shall make a declaration as to his physical and mental fitness and shall indemnify STAR against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and Mardaani 2 ranties.

12. If the selected Winner are unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.

 

13. All decisions of STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed that the Participant(s) has waived their right to dispute any decision(s) made by STAR.

 

14. STAR reserves the right to withdraw the Prize should the selected Winner fail to comply with any of these Terms and Conditions and/or applicable laws or for any reason whatsoever.

 

15. STAR, STAR Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize, nor for any changes in dates or times or cancellations which may prevent the selected Winner from availing of the Prize offered.

 

16. Each Participant hereby acknowledges and agrees that STAR or STAR Entities shall not be held responsible for any acts or omissions on the part of the distributors while availing of the subscription of the channels and/or access to internet platform. It is solely the responsibility and discretion of the distributors in their respective Territory to distribute the channels to a particular Participant in any manner which they deem fit.

 

17. In case a Participant(s) and/or Winner fails to produce any documents required by STAR for the purpose of verification of complicate with these Terms and Conditions, such Participant(s) and/or Winner the shall stand disqualified without any liability to STAR.

 

18. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner and the Winner 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.

(IV) Additional Terms:

1. STAR 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) check the Terms and Conditions of the Contest on the website of STAR i.e. www.startv.com

2. STAR reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.

3. Under no circumstances will STAR, STAR Entities and/or the Sponsors 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.

4. The Winner hereby acknowledge and agree that the relationship between the Winner and STAR is not a confidential, fiduciary, or other special relationship.

5. The Winner hereby agree to be bound by the Terms and Conditions and/or by any subsequent revisions of the Terms and Conditions (“ Revised Terms”). STAR reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Terms.

6. All Submissions and/or Entries shall become the property of STAR and/or STAR Entities. By entering the Contest, the Winner grants STAR and STAR Entities unlimited use of their names, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.

7. For the sake of clarity, all rights, title and interest in Entry shall vest with the STAR and may be utilized by STAR at a later point in time, at its sole discretion. The Participant and/or the Winner hereby irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Entry to the STAR including but not limited to the right to make any adaptation, rights in any form of exploitation etc.

8. All ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges (including visa charges), expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the selected Winner.

9. By providing any personal information to STAR and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to STAR. If a Participant does not wish to have his/her information and/or likeness viewed by or disclosed to others, he/she should not enter the Contest.

10. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,

11. The Winner agrees that if due to any reason, whatsoever, beyond the control of STAR the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.

12. STAR 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 Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

13. The Winner 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 in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR failing which their selection shall be forfeited.

14. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, STAR 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 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 Winner during the Contest and/or enjoyment of the Prize.

15. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of STAR, in any manner whatsoever.

17. The Contest shall be governed by and construed in accordance with the applicable laws of India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai.

18. Limitations of Liability: By entering the contest, each Participant 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 a Mardaani 2 ded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and a Mardaani 2 ds 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 star and/or star entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise

Agnihotra 2 Contest

Terms & Conditions

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 titled “Agnihotra 2 Contest (‘Contest’) which will be hosted by Star India Pvt. Ltd. (“Star India”) for the purpose of promotion and viewer engagement of its channel ‘ Star Pravah’ (“Channel”) and its program, “Agnihotra 2” (“Pravah Program”). 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 India for all matters relating to the Contest shall be final and binding in all respects.

Star India 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 Website (defined below), 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 defense in any proceeding with regard to the Contest.

To participate in the Contest, the Participant may be required to disclose his/ her personal information to Star India from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). Star India is committed to protecting the privacy and the confidentiality of the Personal Information received. Star India uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such information dealt in the manner laid down in the Privacy Policy of Star India available at http://www.startv.com/legal-terms-policies/#contest-tandc (‘Website’).

Any information gathered through these Terms and Conditions shall be subject to our Privacy Policy which is available at our Website 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 Star India 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 STAR India (if any).

I. Principal Rules

  1. Star India shall announce the Contest via promos and astons on the Channel and other channels of Star India, Newspaper ads, Radio, Outdoor and Digital or through any other medium of exploitation which shall be at the sole discretion of Star India.
  1. The Contest shall commence from December 2nd, 2019 at 10pm Indian Standard Time (“IST”) and shall conclude on December 4th, 2019 at 11:59pm IST (“ Contest Period”) on the Channel. Star India 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. Star India 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 1 (one) multiple choice question, based on the program in Marathi language titled “Agnihotra 2” ( Pravah Program”) which shall be triggered multiple times on the Channel during the Contest Period (“ Daily Question”). It is clarified that the Daily Questions will remain unchanged for the entire duration of the Contest Period.
  3. 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 the Daily Question during the Daily Contest Period, by sending SMS in the following format: AG1/AG2/AG3 to 56263 (“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 Star India after Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by Star India. It is further clarified that SMS sent by the Participant to an incorrect number or without the requisite characters or correct alphabets or numeric/s in the order specified or SMS sent after 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 SMS and the Participant (s) receiving a thank you message stating “ Thank you! We will inform you if your entry has been selected. Your participation confirms that you agree to contest T&Cs and Privacy Policy of the Contest ”. Any automated receipt confirmation does not constitute proof of actual receipt. Providing the correct Answer for the Daily Question during the Contest Period by the Participant(s) through SMS 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 SMS for Daily Question during the Contest Period and such submission of Answer(s) shall not make him /her ineligible from participating in the Contest and shall not render his /her Entry invalid however only the first valid Entry registered with Star India will be taken into consideration. Answer/s Entries (i.e. SMS) received after the Contest Period 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. For the purposes of this Contest, the Participant(s) who are subscribers of Airtel, Vodafone, Idea, Reliance Communications and Tata Teleservices shall be able to participate in the Contest.
  1. It is clarified that all costs incurred by the Participant(s) to participate in the Contest including but not limited to sending SMS shall be solely borne by the Participant(s) without any recourse to Star India. Cost applicable for the SMS sent by the Participant(s). The cost charged to the Participant(s) by the respective network provider(s) shall be as follows:

Operator

Costs

Airtel ROI

Rs. 3/ Sms

Airtel TN & Chennai

Rs. 5/ Sms

Vodafone

Rs. 3/ Sms

Idea

Rs. 3/ Sms

BSNL

Rs. 3/ Sms

Jio

Rs. 3/ Sms

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

11. 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.

12. It shall be deemed that the person in whose name the mobile number is registered (from which the SMS is sent) shall be construed to have sent the Answers/Entry(ies) for the Contest.

13. Star India and/or the Channel shall not be responsible for the cost of SMS charged by the respective network provider(s) shall be borne by the Participant(s) alone.

14. It is clarified that to qualify to win the Prize, the Participant shall be required to provide correct Answer(s) the Daily Question(s) triggered during the Contest Period

15. Star India 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 Star India and/or the Channel in this regard shall be binding upon the Participant(s).

16. At the end of the Contest Period, every Participant(s) on the basis of the having made a valid Entry and his/her providing correct Answer(s) to the Daily Question(s) triggered during the Contest Period shall be shortlisted by Star India from all the Entries received at its sole discretion and subsequently out of these shortlisted Participant(s), STAR India shall by way of random selection at its discretion, from the aforementioned shortlisted Participant(s )select and declare 1 (one) winner (“Winner”). For the entire contest Period the total number of Winners shall not exceed a total number of 1(one) Winner. The Winner shall be entitled to gratification in the form of a Hirejadit gold plated Ganpati idol having value not exceeding INR 50,000/- ( Indian National Rupees Fifty thousand only) as decided and finalized by Star India in any manner deemed fit by Star India at its discretion .(“Prize”).It is further clarified that Star India shall at its sole discretion select the Winner and allocate the Prizes amongst the qualifying Entries by way of a random selection based on the criterion mentioned herein. The Winners shall be declared in January 2020 as per the discretion of Star India. It is clarified that the decision of Star India on all these details shall be final and binding on all Winners.

17. The winner will be announced in the Agnihotra 2 episode aired in the last week of January 2020, the repeat telecast of these episodes will also have the winner announcement. The Winner’s name will also be showcased on social media (Including Facebook, Instagram etc.) of Star Pravah after they have been announced on Channel. The Winner shall be announced on the Channel and /or Website or any other medium as Star India may deem fit and necessary. 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 correct Answer(s) to the Daily Questions during the Contest Period shall be entitled to the Prize. It is further clarified that save and except the Prize stated hereinabove, the Winner shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

18. The Winner shall be contacted by Star India on the mobile/ phone number through which Entry had been submitted to Star India informing them that they have been selected as the Winner of the Contest. The Winner shall be required to submit to Star India self-attested scanned copies of their identity, age and address proof which shall be a valid passport copy, pan card copy, driver’s license, last two months bill for the mobile number registered with Star India (from which the Participant has submitted his/her Entry in the Contest) (“Winner’s Documents”). The Winner shall be required to submit the Winner’s Documents to Star India within seven (07) days from the date of the telephonic communication received from Star India by the Winner.

19. Star India 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/ phone number as shall be registered with Star India. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, Star India shall make maximum 1 (one) attempt to call the Winner. In case the Winner is unavailable on all the attempts, the selection of that Winner shall be invalidated and Star India shall at its sole discretion select another winner as the Winner from amongst the Participant(s) who have made valid Entry during the Contest Period as per the criteria set out hereinabove. For the avoidance of doubt such choice of new Winner by Star India shall be final and binding. Star India 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 and such decision shall be final and binding.

20. In the event the said Winner fails to adhere to the instructions of Star India and/or fails to submit all the requisite identification documents as more particularly mentioned herein, then his/her selection shall be invalidated and Star India shall not be liable to that Winner in any manner whatsoever and shall be free to select another suitable Winner as per the criterion mentioned herein and the Participant shall have no objection to the same.

21. On Star being satisfied as to the Winner’s Documents being correct and genuine it shall again contact the Winners (whose Winner’s Documents are correct and genuine) on mobile number / contact number informing the Winners that they are entitled for the Prize Only 1 (one) attempt shall be made to get in touch with the Winners and if the Winner is unavailable on the mobile number/ contact number then the Winner shall stand to lose his/her chance to claim the Prize.

22. Star India and/or the Channel reserves the right to decide the Winners of the Contest.

23. It is clarified hereby that Star India shall have a discretionary right to postpone/ cancel/change the details of the Prize and its gratification for reasons of unavoidable circumstances.

24. 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 Daily Prize won is personal to the Winner and the Winner cannot transfer the Daily Prize to any other person.

25. Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winner in relation to the Prize.

26. The decision of Star India 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 Star India and/or the Channel.

27. 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 Daily Prize.

28. The final selection of the Winners shall be made by Star India 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 Star India 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 Star India shall be final and binding.

29. The Participant/ Winner shall not in any circumstances make any claims against Star India 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 Rules and Regulations, the corresponding Entries will be disqualified.

30. The Participants/ Winner(s) shall at all times comply with the applicable laws, the Terms and Conditions on which this Contest is hosted.

31. 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 Star India and/or Star India 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.

32. Star India 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 Star India from time to time. Star India 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 Star India:

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.

33. The decision of Star India 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 Star India 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.

34. 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 Star India. 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 Star India for use in the entire world in any media and form as Star India may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to Star India 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.

35. Neither Star India and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and the Winner agrees not to hold Star India and/or the Channel and its employees, responsible with regards thereof.

36. By participating in the Contest, it is construed that the Participant(s)/ Winners has read and understood these Principle Rules including the General Rules stated below and has agreed to abide by the same.

37. 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/Star India, 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 Star India shall be final.

2. The Participant(s) interested in participating in the Contest must be above the age of 18 (eighteen) years and a resident of Maharashtra 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.

3. Proof of age, if requested, of the Participant(s) must be submitted to STAR India (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 STAR India to confirm the eligibility of the Participant(s). Star India 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 Star India 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. Star India 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 Star India 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, Star India reserves the right at its sole discretion to change the SMS 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 Star India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the SMS mechanism for submitting the Entry/ Answer including without limitation system failure in the mechanism of recording SMS 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 SMS 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 Star India.

11. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against Star India, 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 SMS 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 Star India 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 Star India or will be incorporated in the Program or will find a mention in the Program and/ or on the Channel.

15. Star India 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. Star India 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. Star India reserves the right to forfeit the Prize in the event it is found by Star India or it has a reason to believe that any information provided by the Winner(s) including Personal Information is wrong, incorrect, fraudulent or misleading. STAR India 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 Star India shall be final and binding.

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

19. Star India 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 Star and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize and/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 Star India 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 STAR India 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 and /or his / her family members within themselves and /or with any celebrities, media or any third party or any representative of STAR India or any related series of sound recordings and video recordings which have been shot 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 STAR India 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 STAR India worldwide in perpetuity and STAR India 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 Star India 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 Star India 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. Star India 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 Star India 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, Star India 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, Star India 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 and such decision of Star India shall be final and binding.

26. Further, 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 the Winner(s) is not reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which Star India is unable to intimate the Winner(s).

27. Neither Star nor its employees have given a guarantee regarding the quality of the Prize and the Winner(s) agree not to hold Star and/or the Channel and its employees, responsible with regards thereof. It is clarified that Star 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. Star India 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 Star India 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, Star, 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 SMS 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. Star India 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 Star India, 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 Star India 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 Star India 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 Star India 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 SMS and/or Prize and/or the Contest 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, and the proceedings shall be conducted in the 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 37 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 Mumbai, India.

"Masterchef Experiences" Activity

Terms & Conditions

Please read the following Terms and Conditions very carefully before participating in the “ Masterchef Experiences” activity (“Activity”) conducted by Star India Private Limited (“ Star India/Us/ We”) for its general entertainment channel, Star World. By participating in the Activity, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (“Terms and Conditions”/ “ T&Cs”) govern Your Participation in this Activity. The Participant hereby consents (“ Participant(s)”/ “You”/ “Your”) that the Participant has voluntarily participated in the Activity, subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules for Participation and General Rules for Participation listed herein below. By proceeding further, the Participant(s) is representing to the Company that the participation in the Activity is in compliance with all laws applicable and the Participant(s) is not in any manner prohibited from participating in the Activity by any law.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Activity. You hereby agree and understand that Star India will have access to and collect information and data including but not limited to Personal Information ( as defined below) submitted by the Participant(s). The Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”).

By participating in this Activity in the manner as stated hereunder, it is deemed that the Participant(s) has read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) does not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not participate in the Activity. Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify You from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Activity shall be governed by the Terms and Conditions stated herein below and the Participant(s) is requested herein to unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Activity in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

 

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not Register:

i. The Participant(s) should be an Indian citizen residing in the cities of Mumbai, Delhi and Bangalore only;

ii. The Participant(s) should have completed 18 (eighteen) years of age to be eligible to participate in the Activity. However, only the Participants who have attained the legal permissible drinking age as per applicable state law are permitted to consume alcoholic beverages at the Venue(s). All Participants shall carry the age proof at the Venues (defined below);

iii. The Participant(s) should not have a criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Activity;

iv. The Participant(s) should abide by all the applicable laws at all times;

v. Permanent and/or contract employees and directors of Star India, its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “Star Entities”) and each of their immediate family members are not eligible to enter the Activity.

In the event the Participant(s) fulfils all the criteria above, then You may participate in the Activity in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject Your participation in the Activity at any point of time in the event the above criteria or any part thereof is not satisfactory or it does not meet the qualifications or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.1A Activity Mechanism:

The Activity will be conducted at multiple locations (“ Venues”) as determined by Star India in the cities of Mumbai, Delhi, Hyderabad and Bangalore. The Activity will be hosted at the Venues on the dates as stipulated by Star India. The Venues may serve a curated menu which will include complimentary food and beverages, at the discretion of Star India.

The Activity is scheduled to start on 30th November, 2019 and end on 19th December, 2019 (“Activity Period”).

 

The Participants’ adherence to the eligibility criteria provided hereinabove shall be considered as a complete and valid entry (“ Entry”). For the avoidance of doubt, if the Participant(s) does not satisfy the eligibility criteria provided hereinabove, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity.

The Participant(s) should adhere to the terms, conditions, rules and regulations of the respective Venues. Rights of admissions are applicable as per the respective Venues and the Participant(s) is not guaranteed entry in the Venues or their participation in the Activity. At the Venues, the Participant(s) should act in good taste and Your behavior shall not be unlawful, misleading, discriminatory, fraudulent, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws;

You hereby understand and agree that Star India and/ or the Venues, at its sole discretion, reserves the right to prevent You from partaking in the Activity if You do not adhere to the above stated requirements. By participating in the Activity, it shall be construed that You have waived Your right to raise any dispute with regard to the Activity and/or any decision of Star India, in any manner whatsoever.

1.2. 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.

1.3. The Participant(s) hereby acknowledges and agrees that Star India has the right to record your participation in the Activity at the Venues (“ Footage”), use, Exploit (as defined below) and/or utilize the Footage, in any manner as it may deem fit at its sole discretion. The Footage may include photographs, video recordings or other actions of the Participant(s) that will be recorded at the Venues during the Activity and Star India will be free to exploit, display and use such Footage during any on ground event, as it may deem fit at its sole discretion.

1.4. In consideration of being giving an opportunity to participate in the Activity, the Participant(s) hereby assigns all rights, title and interest in and to the Footage in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Footage, creatively in any manner as deemed fit by Star India.

1.5. Star India reserves the right to deny any Participant(s) from participating in the Activity if the Participant(s) is 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 deny the Participant(s) entry in the Activity, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.

2. Representations, Warranties and Indemnities By You:

 

You hereby represent, undertake and warrant as follows:

2.1. Nothing in law, contract or otherwise restricts You from participating in the Activity or part thereof;

2.2. The details and any other information given by You in connection with the submission of information at the Venues or otherwise is original, true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

2.3. Your conduct at Venues during the Activity will not be defamatory of any person, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

2.4. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iii) if any representation, warranty or Personal Information made by You turns to be untrue, false and in accurate. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

3. General Rules of Participation:

3.1. Star India shall not be responsible in the event the invitation is not received due to any technical error of any nature whatsoever. Any response or 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 the invitation due to a technical error and/or defect in the functioning of the website or 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 subscribers/ Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India.

3.2. The Participant(s) hereby authorizes, permits, and grants consent to Star India, its affiliates) and/or their authorized representatives to record, take photographs Your image/ Likeness (as defined later), Footage or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) in any other manner as Star India may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, AVOD, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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. You agree and declare that You have 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 Your participation in the Activity.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant(s) relating to or in the footage owned by Star India, 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 Footage including any other form of literary works made by the Participant(s) or compilation and any other Intellectual Property created/ generated by the Participants during the course of the Activity.

3.3. The Participant(s) do hereby release in favour of and assign to Star India all rights including but not limited to the intellectual property rights in and to any footage having the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

3.4. For the purposes of this Activity, the Participant(s) agrees and undertakes to be unconditionally bound by the respective terms and conditions of the respective Venues. It is further clarified that such Venues specified hereinabove reserve the sole and exclusive right to make any amendments to its terms and conditions, at its discretion, and the Venues reserve the right to disqualify any Participant in the event of non-compliance with the Venues’ rules and regulations and applicable terms and conditions. Such decision of the Venues shall be final and binding on the Participant(s). The Participant(s) hereby agrees that any dispute arising between the Participant(s) and Venue(s) shall be resolved directly by the Participant(s), without any recourse to Star India.

3.5. The Participant(s) hereby allows the face, image, biographical data, name, signature, voice, photographs of the Participant(s) and the family/relatives/friends/colleagues of the Participant(s) (‘ Likeness’) to appear on and be used in connection with the activity, all means of exploitations, distribution including, but not limited to, the press, internet, television. Star India reserves the right to use, in any manner whatsoever, in part or in whole the Likeness. By providing any Personal Information to Star India and during the Activity, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their Likeness or personal information furnished to Star India.

3.6. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit the T&Cs available at the section of the website of Star India http://www.startv.com/legal-terms-policies/#wpp from time to time in order to be informed of the latest version of the T&C.

3.7. You agree and understand that the decision of Star India with respect to the Materials will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

3.8. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity and/or qualification of a Participant(s), STAR India shall not be held liable either directly and/or indirectly and in any event, and the decision of STAR India shall be final and binding on You;

3.9. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participant(s) in any manner whatsoever, in relation to the Activity;

3.10. 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 the Activity is delayed or postponed or cancelled

3.11. Star India reserves the right to discontinue the Activity at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant(s) whatsoever without prior notice to the Participant(s);

3.12. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. 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, You in consideration of Your participating in the Activity, hereby grant a royalty free, exclusive, irrevocable, perpetual, freely sub licensable license to Star India for use of Materials in the entire world in any media deemed fit, to the extent the assignment of the Materials is not valid by operation of law;

3.13. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches in the network and/or the cost of the call or internet session (i.e., cellular data pack charges) charged by the telecom/mobile operator/internet service provider etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

3.14. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), gratification, prizes, applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to Your participation in the Activity.

3.15. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive 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 forums in India to claim any damages or reliefs;

3.16. You hereby understand that Star India makes no representation and/or warranties regarding the Activity or any matter in connection therewith other than those expressly given in these T&C’s and hereby expressly disclaims all other warranties, expressed or implied;

3.17. Limitation of liability: By participating in the Activity, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with the Activity shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India’s maximum aggregate liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

3.18. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of these Terms and Conditions by You, Star India shall be entitled to any and all remedies in law and/or equity.

3.19. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere participation in the Activity shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

3.20. You acknowledge and confirm that neither Star India licensors nor any of the respective Star India licensor’s affiliates are in any manner whatsoever associated with the Activity.

3.21. Participant(s) agree, understand and acknowledge that there is no prize/gratification for participating in the Activity.

3.22. Warranty Disclaimer: You agree that Your participation in the Activity shall be at Your 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 and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies, (ii) personal injury or property damage, of any nature whatsoever, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission (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 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.

3.23. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory of India, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

3.24. You hereby acknowledge 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;

3.25. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You 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.

3.26. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

3.27. You 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.

3.28. You have the rights to: (i) review your Personal Information (defined below) 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 Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend my Personal Information, Star India shall be entitled to disqualify your entry and/or participation in the Activity, as deemed fit and necessary by Star India at its sole discretion.

3.29. The Terms and Conditions shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Activity, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by You.

3.30. Subject to the provision of Paragraph 3.29 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 Mumbai, India.

3.31. You acknowledge that in case the Activity and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any act of God or event beyond the reasonable control of Star India 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 seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Activity and/or the participation of an Participant(s) forthwith and such decision shall be final and binding.

3.32. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Activity. Star India reserves the right to disqualify Your participation at the sole discretion of Star India.

3.33. 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 You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between You and Star India., in this connection.

3.34. You hereby acknowledge that Your voluntary participation in the Activity and /or Your contribution towards the Program is voluntary and out of You free will and consent, without any monetary compensation whatsoever.

3.35. You hereby acknowledge that You have 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.

3.36. In case of any queries in relation to this Activity, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

*****

Super Singer Junior Season 7

Terms and Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Asianet Star Communications Private Limited. By voluntarily participating, You agree to be bound by these Terms and Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

The following terms and conditions (“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “SUPER SINGER JUNIOR SEASON 7” (“Program”) and shall be binding on each participant (“Participant”, “Contestant”, “Your” and/or “You”) residing in and is a citizen of India (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by ASCPL /Company (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and/or its network of channels and/or any other channel as deemed fit by ASCPL (hereinafter collectively referred to as “Channel”).

The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at http://www.startv.com/legal-terms-policies/#contest-tandc . By proceeding further You and/or Your natural/legal guardian on Your behalf of the Participant are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law.

These Terms and Conditions shall be irrevocably binding on each Participant voluntarily participating in the Auditions. ASCPL will have access to and collect information and data shared by the Participant including Participant’s and/or Participants’ natural/legal guardian’s personal information for the purposes of the Auditions and/or Program. By participation in the Auditions, the Participant and/or natural/legal guardian of the Participant hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by ASCPL, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By participating in the Auditions, it is deemed that the Participant and/or natural/legal guardian of the Participant has read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Participant’s act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be the Participant’s and/or the parent’s/ natural/legal guardian’s of the Participant absolute acceptance 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 the Participant and/or natural/legal guardian of the Participant does not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify the Participant’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

 

DEFINITIONS

“Audition(s) ” means different Levels of selection process to be conducted at the Audition Centre(s) (defined below) inter alia in the mode and manner as detailed hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify to participate in further Levels for participating in the Program.

Audition Centre(s)” shall collectively mean the following centres/venues, at the sole discretion of the Company, wherein Auditions for the Program will be conducted:

(i) Venues located in the Tamilnadu cities of Chennai, Salem, Thiruppur, Kancheepuram, Cuddalore, Tanjavur, Madurai, Ramanthapuram, Thirunelveli, Dindukal, Pallak, Banglore, Vellore, and/or any other city(ies)/venue(s) in the Territory of Tamilnadu, as the Company may determine, where the participants shall be required to attend Level 1 of the Auditions;

(ii) Each respective Audition Centres will have a Level 1 of Auditions as enumerated below;

(iii) Shortlisted Contestants of Level 1 of all the respective Audition Centre(s) shall be eligible to participate in Level 2 of the Auditions in Chennai or at any venues or locations as decided by the company at its sole discretion

Audition Period” in respect of auditions at Level 1, Level 2 shall mean audition the period for Auditions to be conducted in different cities in the Territory as stipulated and/or updated by the Company at its discretion on the website http://www.startv.com/legal-terms-policies/#contest-tandc (“Website”) from time to time required to be checked by the Participant(s) from time to time.

Company/ASCPL” means Asianet Star Communications Private Limited.

Contestant(s)/Participant(s)” Means all person(s) aged between 06 (Six) years and 15 (Fifteen) years i.e. 6 (six) years or above and 15 (fifteen) years or below as of November 23, 2019, being an Indian citizen and resident of India and enters the Auditions /Program individually.

Exploitation/Exploit” shall mean the exploitation of the Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by ASCPL in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by ASCPL in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile/telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

Intellectual Property ” means and includes all performances, performers’ rights, 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.

Level(s)” shall mean collectively levels 1 and 2 of the Auditions. The term “Level(s)” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number. It is hereby clarified, that all Participants shall be accompanied only by the natural (parent) / legal guardian at the venues of the Audition Centers and at all Levels of the Auditions, i.e. 1 and 2 and the Program, as the case maybe. The Company and/or the Production House, shall have the sole right to disqualify such un-attended minor participants from further participating in the Auditions and in the Program. All such decision will be final and binding on the minor participant and for any other persons, including the natural parent and legal guardian of the participants.

Program” means the Show(s) which shall be tentatively titled “SUPER SINGER JUNIOR SEASON 7”.

“Production House” means Media Masons.

"Show(s)" means each episode(s) of the Program including any Special Show(s).

Show Player(s)” means the selected Contestant(s) who are selected through the process of the Audition(s) as enumerated below to participate in the Program.

Special Show(s)” means any episode/s of the Show recorded with Contestant(s) who belong to a category other than that specified hereunder, which may include celebrities or children special, or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition.

Studio" means any venue/ location as deemed fit by the Company for filming of the Program.

Works” shall mean and include Footage (as defined below) any any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of Auditions/Program/Show or the Auditions and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions/Program/Show.

PRINCIPAL RULES

1. The Auditions are an integral part of the Program. The Auditions will be conducted on-ground in the Audition Centre(s) located in the Territory and interested Contestant(s) shall be required to be present at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below.

2. As the Contestant(s) are below the age of majority as per applicable laws in the Territory, any 1 (one) natural/legal guardian of such Contestant(s) shall accompany the Contestant(s) for all the levels of the Auditions and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier).

 

3. The Company shall promote the Auditions through on-air (promos, astons, bugs etc.), print, radio, online, official social media pages/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Auditions, wherein the Contestant(s) can get details of the Auditions, timings and venue(s) of Audition Centre.

4. Procedure to register

(a) To register and to participate in the Auditions, the interested Contestant(s) shall:

i. have a unique registration code assigned to him/her at the Audition Centre (“Registration Number”);

ii. fill and execute a registration form or any other document(s) at the Audition Centre and duly submit all personal information including but not limited to documentation as required by the Company and/or Production House as may be required to be submitted by them on the registration form (“ Personal Information”) in a manner and form, as requested and /or prescribed therein (“Registration Form”);

 

iii. If selected for Level 2 of the Audition, the Contestant’s and/or natural/legal guardian of such Contestant(s) shall be required to fill and execute the declaration cum indemnity and/or any other document at the Audition Centre(s) e as may be required to be submitted by them on the registration form in a manner and form, as requested and /or prescribed therein (“Participation Agreement”).

(b) In case the said Contestant(s) and/or natural/legal guardian of such Contestant(s) is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same or submit the necessary proofs that the Contestant is a minor, the said Contestant(s) shall be disqualified by the Company. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Contestant(s) [and and/or signature of his/her parents on the Registration Form duly submitted by the Contestant(s) at the Audition Centre] shall be considered a complete entry (“Entry”).

(c) Contestant(s) and/or natural/legal guardian of such Contestant(s) undertake that all Personal Information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition Centre are true, correct, accurate and original. Any incomplete entry(ies) and /or Entries with incorrect format/information and/or inadequate information will be considered invalid and will be disqualified from participating in theAuditions. The Channel /Company shall be free at any point of time to contact and/or communicate with the Contestant(s) and/or natural/legal guardian of such Contestant(s) for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the Entry and the Contestant(s) shall unconditionally facilitate the same.

5. All entries at the respective Audition Centre(s) shall be on first come first serve basis between 9.00 am to 2.00 pm and/or or any other time as decided and communicated by the Company at its sole discretion. It is further clarified that the Company reserves the right to close the registration process at any of the Audition Centre(s), in any manner it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding and the Contestant(s) and/or natural/legal guardian of such Contestant(s), shall not challenge /dispute such decisions. Any entry made after the Audition Period will not be considered for the Contest and shall be deemed null and void. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

6. The Auditions for the Program shall be conducted at the Audition Centre(s) in the manner as detailed below:

A. LEVEL 1

i. The Contestant(s) will be asked to perform a minimum 1 (one) singing act and maximum 4 (four) singing acts [“Act(s)”]. This Act shall be evaluated by the Company or its representatives and /or renowned experts/singers/music composers appointed by the Company and/or by the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s) and natural/legal guardian of the Participant(s).

ii. The top rated Acts of the Participant(s) shall be evaluated and shortlisted by the Panel on the overall basis of his/her performance, personality, technique, entertainment factor, uniqueness, singing knowledge, calibre, voice quality etc. or any such other criteria determined by the Company at its sole discretion.

iii. The Company and/or the Production House reserve the right to stop/interrupt the Contestant(s) during the Act(s) and the Contestant(s) and/or natural/legal guardian of such Contestant(s) shall have no objection to the same.

iv. The Panel shall have the sole authority to judge and rate the performance of all the Participants and their decision shall be final and binding on all Participants and their natural/legal guardian. Based on the evaluations by the Panel, the top-rated performances shall be shortlisted and the Participants shall be selected and eligible for participation in Level 2 of the Auditions to be conducted in the Audition Centre(s) in India.

v. All Participant(s) selected and shortlisted to participate in for Level 2 of the Auditions shall be informed about their selection by the Production House, may intimate the natural/legal guardian of the Participant) at the venue of the respective Audition Centre itself. The Production House, shall communicate and announce the names of the shortlisted Participants at a time as decided by them at the venue of the Audition Centre, and it is the sole discretion and responsibility of all such Participants and/or of the natural/legal guardian of the Participant to be present at the time of such announcement and/or communication by the Company and/or the Production House. Such communication by the Production House and/or Company shall also give brief details of the next level of Audition – LEVEL 2 (to be held at the same venue of the respective Audition Centres in the respective cities) such as the date and time of the Auditions and other details as maybe required, etc. The Contestants(s) or the natural/legal guardian maybe be required to give a confirmation of their participation presence at the Audition Centre(s) for Level 2 Auditions as the case may be.

B. LEVEL 2

i. Participant(s) and natural/legal guardian of the Participant(s) shortlisted at Level 1 shall be required to be present in the Audition Centre(s) in Chennai, as may be informed by the Company, to participate and perform in Level 2 Auditions, on specific dates and time as decided and communicated by the Company at its discretion.

ii. Such Contestant(s) shall be asked to perform a singing act of their choice to showcase their talent (“Act”) and be further interviewed by the Company and/ or Panel regarding his/her background, family history, singing training and/or experience, etc.

iii. The cost of arranging the requisite travel documents (including but not limited to valid passport, requisite visa, if applicable etc.) and the cost of travelling and accommodation and sundry other expenses of such Participant(s) shall be solely borne by Participant and natural/legal guardian of the Participant(s). If the Participant(s) fails to attend the Audition at the venue of the respective Audition Centre on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid. The Company reserves the right to introduce other prospective Contestant/Participants from any country in India or outsides India in Level 2, who have gone through the similar selection process as the Contestant(s)/Participants from India. Such decision of the Company shall be final and binding upon all the Contestants/Participants.

iv. The Participant(s) and natural/legal guardian of the Participant(s) will be solely responsible to bear all costs of travel, accommodation and all other expenses, should such Participants voluntarily wish to participate in any other Audition Centres during the Audition Period. The Company, Production House, will not be involved in any such requests, logistical or other related issues.

v. The Participant(s) and natural/legal guardian of the Participant(s) will be required to execute any and all legal documents not limited to Participant Agreements, as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1. For avoidance of doubt it is clarified that each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

vi. Further, the shortlisted Participant(s) may be required to perform an Act before the Panel as per Panel’s requirements. The performance of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of their voice quality, versatility, style, overall performance, song selection, , entertainment factor, uniqueness, etc. and such other criteria as may be determined by the Company in its sole discretion. For avoidance of doubt it is clarified that the decision of the Company and/or the Panel shall be final in this regard and neither the Participants nor any one on their behalf (including his /her legal guardian) shall have any objection to the same.

vii. Basis the parameters / criteria set out above, the Company reserves the right to select Contestant(s) from the Audition Center(s).

viii. The selected Show Player(s) and natural/legal guardian of the Show Players(s) shall have to ensure that they will make themselves available for all shoot dates and travel locations to any place for the shoot of the Program, as may be informed by the Company from time to time.

ix. The selected Show Players and natural/legal guardian of the Show Players(s) will need to reside in any place in Chennai decided by the Company at its sole discretion, during the shoot schedule of the Program.

x. Upon successful completion of the contract and agreement with the Show Player(s) and natural/legal guardian of the Show Players(s) in relation to the arrangements for such Contestant(s), attendance at the Studio, the selected Show Player(s) must attend the Studio at the time and date communicated by the Company.

xi. In the event of the failure of any of the Show Player(s) from attending the Studio by the aforesaid time for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Show.

7. Participant(s) who have previously participated in singing based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract through their natural/legal guardian or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Contestant(s) agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter.

8. The Company reserves the right to extend the timing or close the gates of the Audition Centre(s), without prior notice to the Contestant(s) and natural/legal guardian of the Contestant(s) and/or people who have turned up at the Audition Centre(s).

9. It is clarified that the Contestant(s) and natural/legal guardian of the Contestant(s) shall carry their own music CD’s or tapes or any musical instrument that may be required for all the Levels of the Auditions and/or shall be solely responsible to make all arrangements for facilitating their Act and the Company shall not be responsible to provide the same.

10. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Channel/Company /jury/Panel/Judges shall be final and binding on all the Contestant(s) and natural/legal guardian of the Contestant(s) and in no event shall the Contestant(s) and natural/legal guardian of the Contestant(s) dispute the decision made by the Channel/Company or its employees in connection to the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection process to qualify for the Contest/Program, the decision of the Company shall be final and binding.

11. The Company and /or the Production house and /or the jury and /or the Panel and /or the Judges (as the case may be) reserve the right to stop/interrupt the performance of the Contestant(s) at any given point during any of the Levels of the Auditions and the Contestant(s) and natural/legal guardian of the Contestant(s) shall have no objection to the same nor shall they raise any objections against the same. It is further clarified that the Company and /or the Production House and /or the jury and /or the Panel and /or the Judges (as the case may be) are not obligated to watch the performance of the Contestant(s) and /or the Act beyond a reasonable time period. For the purposes of this Auditions, reasonable period shall mean 30 (thirty) seconds. The Participant and natural/legal guardian of the Participant(s) shall abide by the decision of the panel and/or Judges/Company/Production House in this regard

GENERAL RULES

 

1. The Auditions is strictly open to Participant(s) between the age of 06 (Six) years and 15 (Fifteen) years, as of November 23, 2019 being an Indian citizen of and residing in India during the Audition Period and the Program, as per the respective applicable laws of India.

2. Employees of the Company, of the Production House, 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 and members of their immediate family; individuals not conversant in spoken Tamil or English; are ineligible to participate in the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, nationality including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s).

3. In the event the Participant and natural/legal guardian of the Participant(s) is found to be in violation of any applicable laws at any point of time during the Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions. It is the onus of the natural guardian /legal guardian to ensure that the participation of such minor Participant is as per the applicable laws of the country of which they are citizens and residents of. In case it is found to be otherwise by the Company then immediately such minor Participant shall be disqualified.

4. Participant and/or the natural/legal guardian of a Participant, as represent to the Company that the Participant is free and competent to enter the Auditions; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein. It is hereby clarified that all Participants shall be accompanied only by the natural parent/ legal guardian at the venues of the Audition Centers and at Levels of the Auditions, i.e. 1 and 2. The Company and/or the Production House, shall have the sole right to disqualify such un-attended participants from further participating in the Auditions and such decision will be final and binding on the participant and for any other person including the natural parent and legal guardian of the participant.

5. Participant and/or the natural/legal guardian of a Participant, hereby provides his/her consent for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy, and (ii) the following terms and conditions:

a. The Participant has read, understood and accepted the Privacy Policy and understand and agree that my Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy.

b. The Personal Information may include information inter alia name, date of birth, address, age, gender, marital status, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition and sexual orientation, images, videos.

c. The Personal Information is being collected by the Company/ Production House pursuant to the Terms and Conditions, in connection with the Auditions/Program and it is necessary for the Company/ Production House to collect the Personal Information for the Auditions Program and the uses set out below in (d) below.

d. The Personal Information will be used for the Auditions/Program, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by the Company, in respect of the Auditions/Program on the channel(s) owned by the Company and/or the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd.

e. The Personal Information will be shared by the Company with the Production House, the Panel, Judges and the public at large, in connection with the Program.

f. The Production House will be collecting and retaining the Personal Information on behalf of the Company.

g. The Company has informed the Participant and the natural/legal guardian of a Participant of his/her rights to: (i) review his/her Personal Information for deficiencies and inaccuracies, and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify my entry and/or participation in the Auditions and /or Program, as deemed fit and necessary by the Company at its sole discretion.

h. All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel/Judges be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information.

i. The Company has provided the Participant and the natural/legal guardian of a Participant, with the option to opt out of providing his/her Personal Information, and the Participant has not exercised such option.

 

6. The Participant and natural/legal guardian of the Participant(s) shall not make any claims against ASCPL, Channel, their directors, employees 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 their participation or non-participation in the Auditions or any related activity including any unauthorized access of the videos, etc. If the Participant is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.

7. ASCPL shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company 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 subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Submit/Post” button. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

8. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant(s) and natural/legal guardian of the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. The Participant(s) and natural/legal guardian of the Participant(s) shall hold harmless the Channel, Company, 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), in any manner whatsoever in connection with the Program and/or any aspect of the Auditions and 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.

9. The Participant and/or the natural/legal guardian of a Participant, acknowledge that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant and/or the natural/legal guardian of a Participant, fully understand this aspect of the Program and shall neither hold the Production House/ASCPL liable for any such depiction nor shall make any claims in respect of the same against the Production House/ASCPL and/or the Channel or any of its representatives and/or the Jury.

10. The Company reserves all rights to make amendments to the Auditions Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant and natural/legal guardian of the Participant(s) to check the Terms and Conditions for the Auditions on the Website and /or the platforms from time to time. ASCPL also reserves the right to cancel and/or postpone the Auditions/Program without any prior intimation to the Participant and natural/legal guardian of the Participant(s).

11. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/ Program. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Program. The Participant and natural/legal guardian of the Participant(s) further confirms that the Participant is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).

12. The Participant(s) and natural/legal guardian of the Participant(s) will be required to furnish necessary supporting documentation in original (i.e., government endorsed identification proof such as school leaving certificate, college leaving certificate etc.) and/or any other documentary proof as may be required by the Company to – We confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant (s) and natural/legal guardian of the Participant (s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or ASCPL in its sole and absolute discretion. In case of a legal guardian ,the said person will need to furnish all paperwork and also produce the relevant order /decree of the court whereby he /she has been appointed as “Legal Guardian” of the Participant below the age of majority as per applicable laws in the Territory.

13. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and natural/legal guardian of the Participant(s) and/or the public.

14. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.

15. The Channel/ASCPL reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant and natural/legal guardian of the Participant(s). Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and natural/legal guardian of the Participant(s) and also ASCPL/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.

16. In case for whatever reason any Participant and natural/legal guardian of the Participant (s) is not agreeable to travel, stay, etc. entirely at his/her own expense, the Company will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

17. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding and each Participant and natural/legal guardian of the Participant(s) shall without limitation be bound by such decision of the Company.

18. The Participant(s) and natural/legal guardian of the Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement regarding any event or any person alive or deceased, or do anything in the nature of an endorsement/advertisement that may expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.

19. The Participant(s) and /or legal /natural guardians on behalf of Participants, shall not grant or publish any interviews, or share any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the names and identity of the selected Show Players, Judges or the format of the Program or any aspect related to the Program or any information regarding the Company without Company’s prior written consent in each instance. The Participant and natural/legal guardian of the Participant(s) shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company.

20. The Participant(s) and natural/legal guardian of the Participant (s) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Auditions /Program/ Show.

21. Non-conformance by any Participant and/or by the natural/legal guardian of the Participant, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then ASCPL will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

22. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company (“ Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Show/ Programs/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participants and natural/legal guardian of the Participant(s).

23. Notwithstanding a Participant's participation in the Show/ Auditions, there is no obligation on the part of the Company to broadcast any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.

24. Participant (s) and natural/legal guardian of the Participant(s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot/filmed/recorded during the Auditions/Show or the Program 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 Participant (“ Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

25. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants and the natural/legal guardian of the Participants in case they are minors on behalf of the Participants(s) agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant and /or natural guardian/legal guardian of the Participant(s) on behalf of the Participant(s), on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant and /or natural guardian of the Participant(s) on behalf of the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant or the natural guardian on the behalf of minor Participants hereby agree that neither the Participant(s) nor his/ natural guardian shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company. The Participant and /or natural/legal guardian of the Participant(s) on the Participant(s)’ behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

26. The Participant(s) through their natural/legal guardian waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s) and the natural/legal guardian of the Participant(s) further agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant or the natural/legal guardian on behalf of a minor Participant acknowledges that the Entry submitted and /or videos submitted and/or contribution to the Materials does not qualify as a ‘performance’/‘live performance’ within the meaning of the Indian Copyright Act, 1957.

27. The Participant and natural/legal guardian of the Participant(s) agrees and acknowledges that the Channel /ASCPL shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Materials in respect of their Entry uploaded on the Platform in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

28. The Participant and natural/legal guardian of the Participant(s) shall make themselves available from time to time and co-operate with the Channel and/or ASCPL and participate in any activity and/or campaign and /or events (“ Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable/ any additional consideration to the Participant. Further, the Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.

29. Participant(s) and the natural/legal guardian of the Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘ Likeness’) to appear on and be used in connection with the promotion of the Program for all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. ASCPL reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or ASCPL or the Channel without notice to the Participant and natural/legal guardian of the Participant(s) and without any further compensation to the Participant and natural/legal guardian of the Participant (s).

30. The Participant and natural/legal guardian of the Participant (s) agree that in consideration of being given opportunity to participate in the Auditions, they shall hold harmless the main sponsor (if any), Channel, ASCPL, its employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions 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 against the Production House and/or the Channel and/or ASCPL to claim any damages or reliefs or otherwise.

31. The Participant and natural/legal guardian of the Participant(s) agree to keep ASCPL, the Channel, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry including the Video(s), by ASCPL and /or any of its affiliate companies and/or channels.

32. The Participant and the natural /legal guardian, agrees that ASCPL shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant and natural/legal guardian of the Participant(s) acknowledges and understands that the participation in the Auditions is at their own risk. ASCPL shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) and/or the parent/guardian of the Participant acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

33. Certain information relating to the Production House, ASCPL, the Program, Channel, will be disclosed to the Participant(s) and natural/legal guardian of the Participant (s) by the Production House and/or ASCPL which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Participant(s) and natural/legal guardian of the Participant (s) agree that Confidential Information whether disclosed orally or in writing, is the property of Production House/ASCPL, as the case may be, and is valuable, special and unique to the business of Production House/ASCPL, as the case may be. Participant(s) and natural/legal guardian of the Participant (s) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.

34. Participant(s) and natural/legal guardian on behalf of the Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.

35. All obligations, representations, warranties, grant of rights in relation to a Participant who is below the age of eighteen (18) years as on November 23, 2019 shall be deemed to be provided by the natural/legal guardian of the Participant.

36. The Participant and natural/legal guardian on behalf of the 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.

37. Participant and natural/legal guardian on behalf of the Participant(s) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

38. The participation of the Participant the in the Auditions shall mean that the Participant and natural/legal guardian on behalf of the Participant (s) has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.

39. Notwithstanding the conflict of laws principle, these 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 Auditions and /or Entry and/or the Program, 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, 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.

40. Subject to the provision of 39 above, the Courts having exclusive 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 Chennai, India. The Participant and natural/legal guardian of the Participant(s) agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

Me Honaar Superstar

TERMS AND CONDITIONS

Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited. By voluntarily participating, you agree to be bound by these Terms and Conditions. In the event you are a Nominator (defined below), you represent and warrant that you have obtained consent of the Participant prior to nominating his/her name for the Program, in accordance with the Terms and Conditions below. If you are a Nominator, these Terms and Conditions shall apply to you mutatis mutandis.

The following terms and conditions (“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “Me Honaar Superstar” (“Program”) and shall be binding on each Participant (defined below), residing and a citizen of the territory of India, (hereinafter referred to as “Territory”) who voluntarily desire to participate in the Auditions hosted by Star India Private Limited (“STAR/Company”) on “pravah.startv.com”, (“Website”/ “Platform”)for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and /or its network of channels and/or any other channel as deemed fit by STAR (hereinafter collectively referred to as “Channel”).

The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at https://www.startv.com/legal-terms-policies/#sss7f ” .By proceeding further, You are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable to You and You are not in any manner prohibited from participating herein by any law.

These Terms and Conditions shall be irrevocably binding on each Participant(s). The Privacy Policy shall govern all usage of any Personal Information (defined below) 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 gathered by STAR under or pursuant to the Auditions and in relation to your Participation in the same. The act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be your absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If You do not agree to be bound by or cannot comply with any of the Terms and Conditions, please do not continue. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein to unconditionally accept and agree to comply with and abide by the same.

DEFINITIONS

“Digital Auditions” means Level 1 of the selection process of the Auditions as detailed herein, to be conducted inter alia in the manner as set out hereunder during the Digital Auditions Period (defined below), which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.

“Digital Auditions Period” shall mean the period commencing from 15 th November, 2019 and concluding on 31st December, 2019 (both dates inclusive) for participation in the Digital Auditions.

“On Ground Audition(s)” means different levels comprising of Level 2 and Level 3 of the selection process of the Auditions as detailed hereunder, to be conducted inter alia at the Audition Center(s) during the On-ground Auditions Period, which the Participant(s) is required to qualify to participate in the Program.

“Audition(s)” shall mean and comprise of both the Digital Auditions and the On Ground Auditions held at the Audition Centre collectively to be conducted inter alia in the mode and manner as detailed and set out hereunder during the Audition Period, which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.

“On-Ground Audition Period” in respect of auditions at Level 2 and Level 3 shall mean the period stipulated and /or updated by the Company at its discretion on the Website from time to time required to be checked by the Participant(s) from time to time.

“Audition Centre/s” shall mean (i) any tentative locations in Maharashtra, India in the cities of Mumbai, Kolhapur, Aurangabad and Nagpur where the inter alia Participant(s) whose Video(s) (defined below) are shortlisted at Level 1 will be required to make themselves available for the Level 2 of the Auditions and (ii) any tentative locations in the city of Mumbai, where at the discretion of the Company, the Contestants shortlisted at Level 2 need to make themselves available for Level 3 of the Auditions, as per the selection mechanism. The details of the exact locations shall be finalized by the Company at its discretion and communicated to the Participant from time to time during the Audition Period .

“Audition Period” shall collectively mean the Digital Auditions Period and the On-Ground Audition Period.

“Company” means STAR India Private Limited, the owner and rightsholder of the Program and the entity hosting the Program.

“Contestant(s)/Participant(s)": Means any natural person(s) who is (i) between the age of twenty one (21) years and sixty (60) years, i.e. twenty one (21) years or above and sixty (60) years or below as of November 1, 2019 being a citizen and resident of India and enters the Auditions /Program individually.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

“Intellectual Property” means and includes all performances, performers’ rights, 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.

“Level(s)” shall mean collectively levels 1, 2 and 3 of the Auditions or such increased or decreased number of levels as determined by the Company at its sole discretion. The term “Level” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.

“Materials” shall mean and include Footage (defined below), Entries, and footage of the Promotional Material (defined below) including any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Contestants during the course of Auditions and/or Program and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions and/or Program.

“Nominator(s)” shall mean and include any friend and/or family member of the Contestant who wishes to nominate the Contestant to take part in the Audition process after obtaining prior consent of such Contestant.

“Program” means the televised singing talent reality Show (defined below) which is tentatively titled “Me Honaar Superstar”.

“Production House” means Endemol India Private Limited

“Show(s)” means each episode(s) of the Program including any Special Show(s).

“Show Player(s)” means the selected Participant(s) who are selected through the process of the Audition to participate in the Program.

“Special Show(s)” means any episode/s of the Program recorded with the Participant(s) who belong to a category other than that specified hereunder, which may include celebrities or children special, or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition.

“Studio” means any location deemed fit by the Company for filming of the Program.

PRINCIPAL RULES

1. The Digital Auditions are an integral part of the Program. The Digital Auditions will be conducted in the Digital Auditions Period on “WebsitePlatform, which may be accessed by the interested Contestant(s) or Nominator(s) (if applicable) through any device including but not limited to limited to laptops, desktops, mobile phones, handheld devices, communication devices and tablets.

2. Procedure to Register:

i. Sharing Personal Information

a. To register and to participate in the Digital Auditions, the interested Participant (s) or Nominator(s) (if applicable) shall log on to the Website/Platform and enter his/her mobile number and click on ‘get OTP’. The Participant or the Nominator (as applicable) will then receive a One Time Password (“OTP”) on the mobile number provided by the Participant or Nominator. Participant or the Nominator (as applicable) will input the OTP on the Website/Platform in order to begin the registration process. Once the mobile number is registered and an OPT is created for the same , then no further entry from the same number will be accepted. Thereinafter the Participant or the Nominator (as applicable) will be required to provide the following personal details including but not limited to full name, gender, age, email ID, contact number(s), the name of their country/state/city where they reside, and/or any other information/documentation as sought by the Company, at its discretion during the Audition Period (“Personal Information”) in a manner and form, as requested and /or prescribed on the Website/Platform. For avoidance of doubt, the Nominator (A) shall also be required to upload their own details on the Website/Platform in the form and manner required by the Star, as a nominator along with that of the Participant; and (B) the Nominator will cause the Participant to agree to and accept these Terms and Conditions; failing which such Participant shall be disqualified and shall not be allowed to participate in the Auditions. Star further reserves the right to call upon the Nominator to procure prior written consent from the Participant, in the manner and form approved by Star; failing which such Participant shall be disqualified and shall not be allowed to participate in the Auditions.

b. Once the interested Participant has completed filing details of his Personal Information, he/she may click on “Submit”.

c. Once submission is completed, the interested Participant may upload his/her Video(s) on the Website/Platform, in the manner prescribed below.

ii. Video Upload Functionality

a. Once the Participant(s) or the Nominator(s) (as applicable) has shared the Personal Information (as required above), he/she shall be required to upload the Videos of the Participant(s).

b. For the said purpose the interested Participant(s) shall be required to record minimum 1 (one) video and maximum 3 (three) videos of him/her singing comprising of a minimum duration of 60 (sixty) seconds and maximum duration of 90 (ninety) seconds [hereinafter referred to as “Video(s)”].

c. Each Video should be audible, having a good audio/sound as also video quality.

d. Once the recording of the Video(s) is completed, the Participant or the Nominator (with the prior consent of the Participant) may upload the Video(s) on the Website/Platform by following the instructions and as per the terms specified on such Website/Platform.

e. All Video(s) shall be uploaded in the format and manner including but not limited to MOV, MPEG4, AVI, WMV, MPEGPS, FLV, 3GPP, WebM or any other format as prescribed from time to time during the Audition Period.

f. The Participant or the Nominator (as applicable) shall be required to fill out the common questionnaire and upload the Video(s). Following which the Participant or the Nominator (as applicable) will be required to agree to the terms and conditions as set out herein before submitting the application.

iii. If at any point of time the Company finds that the email ID shared by the Participant/Nominator on the Website/Platform is false and/or unauthenticated, then STAR shall have the right to forthwith disqualify such nomination and/or Participant from further participation and his/her Entry (defined below) shall immediately be considered to be null and void.

iv. For the purposes of Digital Auditions, by uploading and/or submitting his/her Videos on the Website including through the Nominator, , the Participant agrees and undertakes to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of the Website, as the case may be. It is further clarified that the Website reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same from time to time without any recourse to the Company. Any Video(s) uploaded on the Website in any other format other than that prescribed by the Website or Video(s) having an unclear audio or video quality will be deemed invalid and will be disqualified from qualification in the Digital Auditions without any prior intimation by the Company. Such decision of the Company shall be final and binding on the Participant(s)..

v. The Participant will be solely responsible for complying with the terms stipulated by the Website, as the case may be and shall not at any time hold the Company responsible for any inability on the part of the Participant/Nominator to submit/ upload the Video(s) on account of any restrictive terms imposed by the Website and/or on account of the Nominator’s/Participant’s failure to comply with the terms imposed by the Website.

vi. The Participant(s) or the Nominator (if applicable) agrees and undertakes that all Personal Information, provided by them at the time of registration is true, correct, and accurate.

vii. The Participant(s) or the Nominator (if applicable) by sharing the Videos uploaded hereby represents, covenants and declares that (i) the Video(s) is/are original and performed/enacted by the Participant(s) (ii) the Video(s) do not and will not constitute any infringement of copyright or any right of privacy, or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurt the religious sentiments of people worldwide or be defamatory of any person deceased or alive or blasphemous in its content and that he/she fully owns and controls all rights and interests including all intellectual property rights in the Video(s), such material and all rights therein and that no other person or party has right or interest in the Video(s) as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Video(s) shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever. The Video(s) do not contain any confidential information; (iv) the Video(s) is/are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant(s) has not/have not granted any rights in the Video(s) to the prejudice of any rights granted to the Company hereunder (vi) the Video(s) is/are not in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Video(s) (including any underlying literary and musicals works) for the purpose of the Auditions have been secured by the Participant(s) in accordance with the existing Terms and Conditions and applicable laws without any recourse to Star. In the event the publishing of the Video(s) is assessed to be prohibited in any manner and/or considered to be inappropriate due to moral, political or religious reasons or any reason whatsoever, the Website may at its discretion edit/ remove/cut the contentious portion and re-publish such Video(s) or reject the Video(s) altogether and the Participant agrees not to object to the same. The Participant(s) acknowledge that the Company shall in no manner be liable if the Video(s) or any part thereof has been edited/removed/cut by the Website or if any contentious portion has been edited/removed/cut and re-published . The Participant(s) or the Nominator (if applicable) must ensure that no false and/or misleading statements are made by him/her/Participant and that he/she/Participant does not refer to any commercial product and/or service in any of the Video(s).  The Participant or the Nominator (if applicable) further agrees and confirms that the Company is entitled to reject the Entry (defined below) of the Participant in the event that the details submitted by the Participant or the Nominator (if applicable) at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.

viii. The Participant agrees and undertakes that the Entry/Video(s) submitted by him /her and/or the Nominator are in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.

ix. The Participant(s) or the Nominator (if applicable) further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update or share any information and /or upload or submit Video(s) that —

a. belong to another person and to which the Participant(s)/Nominator(s)/ do not have any right to;

b. is grossly harmful, harassing, blasphemous, pornographic, pedophilic, 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;

c. harm minors in any way;

d. infringes any patent, trademark, copyright or other proprietary rights;

e. violates any law for the time being in force;

f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g. impersonates another person;

h. contains software viruses, Trojans, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, including harming recipient’s computers/system/servers etc.;

i. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, Participant agrees that STAR has the right to remove any such Material/Entry/ Video(s) for any reasons whatsoever, including for breach or alleged breach any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.

x. For purposes of the Auditions, logging onto the Website/Platform, furnishing the Personal Information in the mode and manner as prescribed, mandatorily uploading minimum 1 (one) Video on the Website shall be considered as a complete and valid entry (“Entry” or “Entries”). It may be clarified that once the Video(s) are uploaded on the Website/Platform by a Participant/Nominator, he/she shall not be entitled to re-submit any information, including but not limited to any Video(s) and/or Personal Information submitted by him/her for the first time shall be considered final and valid Entry for the purpose of the Audition. For the avoidance of doubt, if the Participant(s)/Nominator fails to upload minimum 1 (one) Video or provides incorrect Personal Information or fails to furnish Personal Information in the manner prescribed or if the Video(s) submitted is less than the minimum duration prescribed or more than the maximum duration stated herein, then the applicable Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Auditions. The Channel /Company shall be free at any point of time to contact and/or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant(s) shall unconditionally facilitate the same. Any incomplete Entry and/or Entries with incorrect format, broken/bad web link, inadequate Personal Information, invalid email ID, or which consist of content, which contains any of the elements specified in sub-clause (ix) above, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Auditions.

xi. Entries received after the Digital Audition Period will not be considered for the Digital Auditions and shall be deemed null and void. The Company shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever. It shall be the Participant’s sole responsibility or the Nominator (if applicable) to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and in accordance with the Terms and Conditions prescribed herein.

3. Notwithstanding anything to the contrary, Star reserves the right to cancel/abandon the Digital Auditions at Star’s sole discretion and modify/suspend and/or cancel any of the levels below or any element/round/part thereof. Further, Star may at its sole discretion, proceed directly with Level 2 auditions as set out below.

4. The selection and shortlisting process for the Auditions shall be conducted as detailed below for each Level of the Auditions. For the sake of clarity, a Participant cannot enter the Auditions without undergoing the process at each Level:

A. LEVEL 1

i. Subject to the Participant(s)/Nominator(s) having made a valid Entry, all the Video(s) fulfilling the criteria set out herein shall be viewed and evaluated by the Company or its representatives/nominees which may include musicians/performers appointed by the Company and/or by the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s). The the Participant(s) shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.

ii. The Contestant(s) shall be evaluated and shortlisted by the Panel on the overall basis of his/her performance, grace, personality, technique, selection of act, ideas, entertainment factor, uniqueness, etc. or any such other criteria determined by the Company at its sole discretion.

iii. The Panel shall have the sole authority to judge and rate the Videos and performance of all the Participants and their decision shall be final and binding on all Participants. Based on the evaluations of the Videos by the Panel, the top rated performances shall be shortlisted and the Participants shall be selected and eligible for participation in Level 2 of the Auditions to be conducted in the Audition Centre(s) in India.

iv. All Participant(s) selected and shortlisted for Level 2 shall be intimated about their selection and/or Company may intimate the Participant vide an email and/or telephone or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant shall be solely responsible for checking the email/calls received from the Company. Such communication by the Company shall also give brief details of the next level of audition – LEVEL 2, address of the respective Audition Centre, date and time of the Auditions, etc. The Contestants(s) shall be required to give a confirmation of their presence at the Audition Centre(s) for Level 2 Auditions upon receiving an email or tele-call, as the case may be. The Company shall not be responsible in any manner, in the event the Participant is unable to receive any such communication regarding the Participant’s selection for any reason whatsoever including due to breakdown of machinery, network failure etc.

v. For avoidance of doubt it is clarified that it shall not be mandatory for the Company to publish Video(s) of all the Participants having submitted valid Entries. No correspondence and/or phone calls shall be entertained in this regard.

B. LEVEL 2

i. Participant(s) shortlisted at Level 1 shall be required to be present in the Audition Centre(s) in India, as may be informed by the Company, to participate and perform in Level 2 Auditions, on specific dates and time as decided and communicated by the Company.

ii. Such Contestant(s) shall be asked to perform a song of their choice to showcase their talent (“Act”) and be further interviewed by the Company and/ or Panel regarding his/her background, family history, singing experience, personal information, etc.

iii. The cost of arranging the requisite travel documents (including but not limited to valid passport, requisite visa, etc.) and the cost of travelling & lodging of such Participant(s) shall be solely borne by Participant. If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other Participant at its own discretion. Company shall not be liable for Participant’s failure/inability to appear on such time and date indicated by the Company, for any reasons whatsoever.

iv. The Participant(s) will be required to execute any and all deeds and documents as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1, if any) and also furnish the documents as sought and as required by the Company from time to time, including to verify the Personal Information provided by the Participant(s) in Level 1. For avoidance of doubt it is clarified that each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

v. Further, the shortlisted Participant(s) shall be required to perform an Act before the Panel as per their requirements of Star. The performance of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of their versatility, style, overall personality, stature of their performance, song selection, screen presence, ideas, entertainment factor, uniqueness, etc. and such other criteria as may be determined by the Company in its sole discretion. For avoidance of doubt it is clarified that the decision of the Company and/or the Panel shall be final in this regard and neither the Participants nor any one on their behalf (shall have any objection to the same.

vi. The Company reserves the right to select any number of Contestant(s) from the Audition Center(s). The selected Contestants shall be eligible for the next level of selection; Level 3. The Contestants shall be informed about their selection for the next round, i.e. which shall be tentatively held in the city of Mumbai or such other city as may be decided/ communicated by the Company at its sole discretion.

vii. Such selected Contestant(s) shall be required to be present in or around Mumbai for the next level of selection on the day and time specified by the Company.

C. LEVEL 3 (TELEVISED AUDITIONS)

i. Participant(s) shortlisted at Level 2 shall be required to be present in the Audition Centre in Mumbai to participate and perform in Level 3 Auditions located in Mumbai, India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective Contestant(s) from any country in India or outsides India in Level 2, who have gone through the similar selection process as the Contestant(s) from India. Such decision of the Company shall be final and binding upon all the Contestants.

ii. Such Contestant(s) shall be asked to perform a song of their choice to showcase their talent (“Act”) and may be further interviewed by the Company and/ or Panel regarding his/her background, family history, singing experience, etc. Company shall not be liable for Participant’s failure/inability to appear on such time and date indicated by the Company, for any reasons whatsoever.

iii. The cost of travel and lodging of such Contestant(s) shall be borne by the Company on actuals subject to the same falling within the fixed bracket decided by the Company at its sole discretion and communicated to the Contestant(s) and subject to the Contestant(s) providing the Company with actual receipts/documentation evidencing such expenses. If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other Participant at its own discretion.

iv. The Participant(s) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1 or Level 2, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1 or Level 2. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

v. Level 3 will be held in Mumbai. The Contestant(s) shall be evaluated by an esteemed panel of judges who shall be judging the performance of Participants in the Program and /or forming part of the Program (“Judges”) engaged by the Company at its sole discretion

vi. Further, the shortlisted Participant(s) shall be required to perform an Act before the Panel as per their requirements. The performance of these shortlisted Participant(s) shall be evaluated by the Judges on the basis of their versatility, style, voice quality, overall personality, stature of their performance, song selection, screen presence, ideas, entertainment factor, uniqueness, etc. and such other criteria as may be determined by the Company in its sole discretion. For avoidance of doubt it is clarified that the decision of the Company and/or the Judges shall be final in this regard and neither the Participants nor any one on their behalf shall have any objection to the same.

vii. The Judges will judge the Contestant(s) on the basis of the Acts performed in front of them

viii. The Company shall select Show Player(s) from amongst the Contestant(s) selected for the Level 3. The selected Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company from time to time.

ix. The selected Show Players will need to reside in any place in India decided by the Company at its sole discretion, during the shoot schedule of the Program.

x. Upon successful completion of the contract and agreement with the Show Player(s) in relation to the arrangements for such Contestant(s) attendance at the Studio, the selected Show Player(s) must attend the Studio at the time and date communicated by the Company.

i. In the event of the failure of any of the Show Player(s) from attending the Studio by the aforesaid time for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Show.

5. Participant(s) who have participated in singing based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, at its sole discretion. The Contestant(s) agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter.

6. The Company reserves the right to extend the timing or close the gates of the Audition Centre(s), without prior notice to the Contestant(s) and/or people who have turned up at the Audition Centre(s).

7. It is clarified that the Contestant(s) shall carry their own musical instrument that may be required for all the Levels of the Auditions and/or shall be solely responsible to make all arrangements for facilitating their Act and the Company shall not be responsible to provide the same.

8. For the avoidance of doubt, if a Contestant gets disqualified in the first level, then he/she can not travel to any other Audition Centre(s) and Audition on the specified date save and except, if specifically called upon by the Company and/or the Production house, at their sole discretion.

9. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Channel/Company /jury/Panel/Judges shall be final and binding on all the Contestant(s) and in no event shall the Contestant(s) dispute the decision made by the Channel/Company or its employees in connection to the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection process to qualify for the Contest/Program, the decision of the Company shall be final and binding.

10. The Company and /or the Production house and /or the jury and /or the Panel and /or the Judges (as the case may be) reserve the right to stop/interrupt the performance of the Contestant(s) at any given point during any of the Levels of the Auditions and the Contestant(s) shall have no objection to the same nor shall they raise any objections against the same. It is further clarified that the Company and /or the Production House and /or the jury and /or the Panel and /or the Judges (as the case may be) are not obligated to watch the performance of the Contestant(s) and /or the Act beyond a reasonable time period. For the purposes of this Contest, reasonable period shall mean 30 (thirty) seconds. The Participant shall abide by the decision of the panel and/or Judges/Company/Production House in this regard.

GENERAL RULES

1. The Auditions is strictly open to Participant(s) of the age limits specified above [see definitions of “Contestant(s)/Participant(s)"] as of November 1, 2019 being a citizen of and residing in the Territory of India, during the Audition Period, as per the applicable laws of the Territory.

2. Employees of the Company, of the Production House, 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 and members of their immediate family; individuals not conversant in spoken Marathi ,Hindi or English; are ineligible to participate in the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant(s) for any reason whatsoever, including in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s).

3. In the event the Participant, any Nominator, is found to be in violation of any applicable laws at any point of time during the Auditions and /or Digital Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Digital Auditions and /or Auditions.

4. Participant represent to the Company that the Participant is free and competent to enter the Auditions; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein.

5. The Participant or the Nominator; shall not make any claims against STAR, Channel, their directors, employees 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 participation or non-participation in the Auditions or any related activity including any unauthorized access of the Videos, etc. If the Participant is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.

6. STAR India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company 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 subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Submit/Post” button. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

7. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant (s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. The Participant (s) shall hold harmless the Channel, Company, 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), in any manner whatsoever in connection with the Program and/or any aspect of the Auditions/ Digital Auditions and 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.

8. The Participant acknowledges that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be embarrassing and/or defamatory. Participant fully understands this aspect of the Program and shall neither hold the Production House/STAR liable for any such depiction nor shall make any claims in respect of the same against the Production House/Star and/or the Channel or any of its representatives and/or the Jury.

9. The Company reserves all rights to make amendments to the Levels, format of the Auditions, Auditions Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant to check the Terms and Conditions for the Auditions on the Website from time to time. STAR also reserves the right to cancel and/or postpone the Auditions/Program, or any part thereof, without any prior intimation to the Participant.

10. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/ Auditions. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Auditions /Program. The Participant further confirms that he /she is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).

11. The Participant (s) is required to furnish necessary supporting documentation in original (i.e., birth certificate, school leaving certificate or passport) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant (s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or STAR in its sole and absolute discretion. The Company also reserves the right to change the selection process of the Auditions(s)/Levels and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and/or the public. The Company further reserves the right to, at its discretion any time during the telecast of the Program re-introduce the Digital Auditions for the purpose of introducing new Participants for participating /competing in the Program.

12. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted unless as specifically stated herein and subject to the terms of this Terms and Conditions.

13. The Channel/STAR India reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and also STAR India/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.

14. In case for whatever reason any Participant during the Auditions stage is not agreeable to travel, stay, etc. entirely at his/her own expense, the Company will consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

15. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding and each Participant shall without limitation be bound by such decision of the Company.

16. The Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement regarding any event or any person alive or deceased, or do anything in the nature of a statement/action/endorsement/advertisement that may expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.

17. The Participant(s) and /or Nominators on behalf of Participants below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, shall not grant or publish any interviews, or share any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the Participants, names and identity of the selected Show Players, Judges or the format of the Program or any aspect related to the Program or any information regarding the Company without Company’s prior written consent in each instance. The Participant shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company.

18. The Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Auditions /Program/ Show.

19. Non-conformance by any Participant of the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then STAR will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

20. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company (“Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Show/ Programs/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participants.

21. Notwithstanding a Participant 's participation in the Show/ Auditions there is no obligation on the part of the Company to broadcast any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.

22. Participant(s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot during the Auditions/Show or the Program 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 Participant (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

23. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant hereby agree that the Participant(s) shall not assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company (‘Offer’). The Participant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

24. The Participant(s) waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program, to the maximum extent permissible by law. Further, the Participant(s) further agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials.  The Participant acknowledges that the Entry submitted and /or Videos submitted and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.

25. The Participant agree and acknowledge that the Channel / STAR shall have the sole and exclusive right to edit,alter, modify and or use any Footage or Materials in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

26. The Participant shall make themselves available from time to time and co-operate with the Channel and/or STAR and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable to the Participant. Further, the Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.

27. Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘Likeness’) to appear on and be used in and in connection with the Program (including promotions of the Program) in all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or STAR or the Channel without notice to the Participant and without any further compensation to the Participant

28. The Participant agree that in consideration of being given opportunity to participate in the Auditions, they shall hold harmless the main sponsor (if any), Channel, STAR its employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions 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 against the Production House and/or the Channel and/or STAR to claim any damages or reliefs or otherwise.

29. The Participant agree to keep STAR India, the Channel, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry including the Video(s), by STAR and /or any of its affiliate companies and/or channels.

30. The Participant, agrees that STAR shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. STAR shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

31. Certain information relating to the Production House, STAR, the Program, Channel, may be disclosed to the Participant(s) by the Production House and/or STAR which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/STAR, as the case may be, and is valuable, special and unique to the business of Production House/Star India, as the case may be. Participant(s) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.

32. Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.

33. The Participant 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.

34. Participant acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

35. The participation of the Participant the in the Auditions shall mean that the Nominator and Participant has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.

36. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, 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 who has raised the dispute.

37. Subject to the provision of 38 above, the Courts having exclusive 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. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

‘WineOClock’ Contest

Terms and Conditions

Please read the following Terms and Conditions very carefully before entering this contest ‘WineOClock’ (“Contest”) conducted by Star India Private Limited (“Star India/Us/ We”). By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (“Terms and Conditions”/ “T&Cs”) govern Your participation in this Contest to be held on Star World Twitter handle at https://twitter.com/StarWorldIndia (“Official Twitter Handle”), Star World Instagram handle at https://www.instagram.com/starworldindia/?hl=en (“Official Instagram Handle”) at 11 AM on November 20, 2019 to 11:59 PM on November 30, 2019 (“Contest Period/Period”), organized and conducted by Star India. The Official Twitter Handle and the Official Instagram Handle are collectively referred to as “Handle(s)”. You (‘Participant(s)’/‘You’/‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and shall submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify You from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Contest. You hereby agree and understand that Star India will have access to and collect information and data shared by the Participant’s Personal Information (as defined below) submitted by the Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Contest and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms and Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content. Your failure to accept or comply with the provisions of these Terms and Conditions and the Privacy Policy will disqualify You from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Contest shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Contest in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content:

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Contest;

iii. The Participant should be well versed in the English language - both written and spoken;

iv. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Star India to develop on the Content;

v. The Participant should have proof of age and educational qualification when requested by Star India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

vi. The Participant should abide by all the applicable laws at all times.

vii. Employees, affiliates, directors and representatives of Star India and their immediate family member(s) are not eligible to participate in this Contest.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject the Content and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the tweet/posts shared by Star India on the Handle(s) and respond to the Contest Question(s) (defined below) asked by submitting their answers/tweets/comments in English language (“Answer”) during the respective Answer Period(s) (defined below) and using the Hashtag (defined below) and Tag (defined below), hereinafter collectively referred to as “Content”.

1.3. Contest Questions

During the Contest Period the following questions (collectively referred as “Contest Questions”) will be posted by Star India on the Handle(s), in the following order and on the following dates:

a. Contest Question 1 – “Share your best wine-based recipes” will be posted during the period commencing from 20th November, 2019 and ending on 24th November, 2019; and

b. Contest Question 2 – “Tell us your best food pairings with wine and why?” will be posted during the period commencing from 25th November, 2019 and ending on 30th November, 2019.

1.4. Answer Period

The Participant shall be required to submit their Answer(s) to the Contest Question(s) during the respective Answer Period(s) in the manner specified below:

a. Answer to Contest Question 1 shall be submitted within the time commencing from 11 AM on 20th November, 2019 and ending at 11.59 PM on 24th November, 2019 (“Answer Period 1”);

b. Answer to Contest Question 2 shall be submitted within the time commencing from 11 AM on 25th November, 2019 and ending at 11.59 PM on 30th November, 2019 (“Answer Period 2”).

For avoidance of doubt, it is clarified that any Answer(s) to any particular Contest Question(s) which is not submitted during the corresponding Answer Period(s) shall not be considered for the purpose of this Contest.

1.5. The Participant (s) should only submit Content which satisfies the following criterion:

i. Relevant to the Contest as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Contest.

ii. upload the Content on the Handle, by using the hashtag #WineOClock #BringYourAustralian (“Hashtag”) and tagging @StarWorldIndia (“Tag”).

iii. be original, creative and authored/owned by the Participant(s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third party and/or privacy/personality rights;

iv. has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and /or any of its employees /directors /representatives;

v. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies;

vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights;

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 6.8 herein below.

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirements.

2. Contest Mechanism

2.1 Submission of Content: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content on the Handle(s). The Participant(s) must enter the Contest on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one Handle and/or from more than one account of Twitter and/or Instagram, Star India reserves the right to disqualify such Participant(s) from the Contest.

2.2 Internal Review: After receiving Your submission of the Content, Star India will internally review the Content on the following grounds:

i. Answer(s) received during Answer Period 1 in relation to Contest Question 1 shall be reviewed on the grounds of (i) the best descriptive recipe (ii) the most innovative way of cooking (unexpected ways of using wine in cooking) (iii) correct usage of English language and (iv) correct usage of Hashtags and Tags;

ii. Answers received during Answer Period 2 in relation to Contest Question 2 shall be reviewed on the grounds of (i) the most creative food pairings (ii) the most innovative answers (iii) correct usage of English language and (iv) correct usage of Hashtags and Tags.

2.3 Result:

i. Within 10 (ten) days from the end of the Contest Period, out of all entry/ies received on the Handle(s) within the Contest Period, Star India shall shortlist minimum 5 (five) entries from Answers received in relation to each Contest Question, basis the entries which are most compliant with the parameters specified in 2.2 above and declare such entries as winners for the purpose of this Contest (“Winners”)

ii. The Winners who fulfill all the requirements set out in these Terms and Conditions including submitting of valid Documents (defined below) to the satisfaction of Star India shall be entitled to win the Prize (defined below).

iii. The Winners will be contacted via Direct Message (“Private Message”) to provide their name, age, email ID and phone number (“Contact Details”) to hello@startv.com within 24 (twenty-four) hours of such Private Message. In the event any Winner(s) fails to submit their details, their entry shall be invalidated. Subsequently, Star India shall be free to select any other Participant(s) as the Winners of the Contest, who has/have qualified as per the requirements under this Terms and Conditions, at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

iv. Upon receipt of the Contact Details, Star India shall contact the Winners via email to submit (including but not limited to) scanned copies of their identity proof, age proof and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“Documents”) within 24 (twenty-four) hours of such email. In the event, any Winner(s) fails to submit the Documents his/her participation shall be invalidated and Star India shall forfeit his/her chance to win the Prize. It is clarified that Star India shall be free to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

v. Star India shall make only one (1) attempt to reach the Winners after the Contest Period. In the event such Winner(s), fail to respond within the time period specified in sub-clauses (ii) and (iii) above, his/her selection as a Winner shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winner(s) of the Contest, who has/have qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

vi. Upon successful communication and acceptance of the Prize by the Winners within the timelines as mentioned above and in accordance with these Terms and Conditions, the Winners agree that he/she may be required to execute a separate written agreement(s) with Star India in respect of the Content submitted and its future development (if at all), by Star India’s licensors’ and its affiliates, and shall further set out the rights and obligations of the parties, at that point of time. The Winners agree and acknowledge that the execution of a written agreement is a material condition for developing, exploiting or utilising the Content for the aforementioned purposes, as it/they may deem fit at their sole discretion. The Winners hereby acknowledge and undertake to keep all the discussions, negotiations with respect to such written agreement including the contents of the written agreement entirely confidential or any other communications with respect to the Contest entirely confidential.

2.4 Winners and Prize

i. Upon verification of Documents and confirmation of the Winner(s), the Winner(s) of the Contest shall win the following prize in relation to the Contest (“Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of Star India. It is hereby clarified that all expenses in relation to availing the benefit of the Prize below shall be borne entirely by the Winner(s) and Star India shall in no manner be responsible for the same:

a. 5 (five) Winners of Answers to Contest Question 1 shall win 1 (one) event pass each to the on-ground event “MasterChef Experiences” to be conducted in the cities of Hyderabad and Bangalore in India; and

b. 5 (five) Winners of Answers to Contest Question 2 shall win 1 (one) event pass each to the on-ground event “MasterChef Experiences” to be conducted in the cities of Mumbai and Delhi in India.

ii. Upon receiving the confirmation from the Winner(s):

a. of their availability to the respective on-ground event “MasterChef Experiences”, the e-ticket/event pass of such event shall be emailed to the concerned Winner(s) or shall be delivered in such other manner as may be deemed fit by Star India;

b. that he/she shall be unable to be present for the respective event/city due to logistical inconvenience or any other reason, such Winner(s) shall be gratified with a “Decanter” as a Prize, which shall be delivered by courier to the Winner(s) or shall be delivered in such other manner as may be deemed fit by Star India.

iii. Star India shall not be responsible if the delivery of the Prize is not possible due to reasons including but not limited to incorrect email address provided by the Participant, incorrect phone number, etc. Further, 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 the Winner is unreachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Winner. It is clarified that all taxes in relation to Prize and all costs of courier incurred for the dispatch of the Prize shall be borne solely by Star India.

iv. The Winner agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner participating and winning the Contest, and that the Winner shall not be entitled to any further gratification at any time. It is clarified that the Prize is non-transferable and may not be exchanged for cash. If the Prize is not claimed or otherwise within the stipulated timelines as mentioned under these Terms and Conditions, the Prize will be forfeited and awarded to an alternate winner(s) unless otherwise stated, at Star India’s sole discretion. All Prize(s) are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In the event the Winners do not accept or agree to the terms as stated herein, the Prize shall remain with Star India, who on its own discretion may offer the same to the next eligible winner. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winner and the Winner cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

v. Star India shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, Star India reserves the right to add or modify the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

vi. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, loss, outrage, dissatisfaction, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

vii. Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data and/or Documents provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Star India shall have the right to declare another Shortlisted Participant(s) as the Winner of the Contest and transfer the Prize to that person.

3. For avoidance of doubt it is clarified that for the purpose of participating in the Contest, the Participant(s) may upload as many post(s)/tweet(s) as they desire but only posts(s)/tweet(s) received before the close of the Contest Period (and the relevant Answer Period) shall be considered valid for the Contest. The Participant(s) agrees not to spam and/or post and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

4. The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting or tagging the Hashtag and the Tag in the manner as stated therein shall be considered as a complete and valid entry. For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag and/or Tag, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. 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 data or information.

5. The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use, exploit and/or utilize the Content during the Contest Period, as it may deem fit at its sole discretion. In consideration of being giving an opportunity to participate in the Contest, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant shall be responsible to apprise the respective individuals appearing in the picture shared by the Participant and the contents of these Terms and Conditions. The Participant shall be solely responsible to obtain consent(s) from the respective third party(ies) for the individual(s), location(s), event(s), etc. which form part of the Content, if any and Star India shall not be responsible in any manner whatsoever. The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. Star India reserves the right to deny any Participant(s) from participating in the Contest 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 deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India. Also for the sake of abundant clarity, at no point in time will Star India be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

6. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

6.1. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content uploaded/ submitted by You. Nothing in law, contract or otherwise restricts You from submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

6.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;

6.3. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);

6.4. You have not prior to the submission of the Content approached or submitted or pitched the Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons , broadcasters, production houses, media companies and /or Star India and /or any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever The Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

6.5. The details and any other information given by You in connection with the Entry and/or submission of the Content is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

6.6. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data or information.

6.7. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

6.8. The Content shall not include any advertisements or solicitation of any business/es;

a. You undertake to ensure that the submission of Content is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Content): that belongs to another person and which You do not have right to;

b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

c. that harm minors in any way;

d. that infringes any patent, trademark, copyright or other proprietary rights;

e. that violates any privacy laws for the time being in force;

f. that violates any law for the time being in force;

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

i. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

j. that 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

6.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by Star India or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to Star India and/or possible acceptance of the Content by Star India (v) if any representation , warranty or Personal Information made by You turns to be untrue, false and in accurate; and/or (vi) 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 Winner and/or the Content submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

6.10. You acknowledge and confirm that neither Star India licensors nor any of its affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participants and Winners. This Contest is in no way sponsored, endorsed or administered by Star India licensors or any of their respective affiliates. The Participant(s) and Winners unconditionally and irrevocably release and discharge Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Contest and the Prizes thereof.

7. General Rules

7.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content per se shall not be deemed to constitute acceptance by Star India and nothing herein shall be deemed to impose an obligation on Star India to accept and /or exploit and/or utilize the Content. You recognise that other persons may have submitted to Star India. or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Star India shall have the right to use, independent of You and /or your submission of Content.

7.2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency 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 “Tweet/Post/Submit” button. 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 and/or its affiliates. Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. 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 subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

7.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of Star India, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by Star India as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with Star India worldwide in perpetuity and Star India is entitled to exploit the same in any manner it may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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. You agree and declare that You have 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 Your participation in the Contest and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by Star India, 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 Content including any form of photographs, stills, literary works made by the Participant(s) or compilation, Footage, origin story as provided by Star India and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

7.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

7.5. For the purposes of this Contest, by uploading and /or submitting/ his /her tweet/post on the Twitter or Instagram platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter or Instagram, as the case may be. It is further clarified that Twitter and Instagram reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter and/or Instagram shall be resolved directly with Twitter or Instagram as the case maybe, without any recourse to Star India.

7.6. The upload or submission of posts/tweets will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using Twitter and/or Instagram while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.

7.7. You acknowledge and agree that the posts/tweets submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Twitter or Instagram, as the case maybe, in the territory to submit/ upload the Content 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.

7.8. By providing any personal information to Star India, as part of the Entry, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their likeness or personal information furnished to Star India;

7.9. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing Terms and Conditions or withdraw, change, alter, amend the Mechanism of this Contest detailed in these Terms and Conditions, without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the website from time to time in order to be informed of the latest version of the Terms and Conditions;

7.10. You agree and understand that the decision of Star India with respect to the Content submitted by You will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

7.11. 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 of the Content and/or qualification of an Participant (s), STAR India not be held liable either directly and/or indirectly and in any event, and the decision of Star India shall be final and binding on You;

7.12. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

7.13. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Contest;

7.14. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

7.15. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets submitted by You.

7.16. 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 the Contest is delayed or postponed or cancelled;

7.17. Star India reserves the right to discontinue the Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

7.18. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. 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 You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;

7.19. Star India reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your personal information and/or Content (in part or whole) is not in compliance with the Terms and Conditions herein;

7.20. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, in the network and/or the cost of the call or internet session charged by the telecom/mobile operator etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

7.21. Star India shall not be responsible if any selected Participant is not available at their respective mobile numbers/ email id or the mobile numbers are unreachable at the time of the intimation call due to any reasons as a result of which, the Participant misses his/her chance. In this case, the Participant undertakes to not hold Star India responsible for the same;

7.22. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Contest and . You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

7.23. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive 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 forums in India to claim any damages or reliefs;

7.24. You hereby understand that Star India makes no representation and/or warranties regarding the Contest or any matter in connection therewith other than those expressly given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied;

7.25. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities , its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

7.26. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this Terms and Conditions by You, Star India shall be entitled to any and all remedies in law and/or equity;

7.27. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

7.28. The Participant acknowledges and confirms that neither Star India’s licensors nor any of the Star India licensor’s affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participant.

7.29. WARRANTY DISCLAIMER: You agree that Your use of uploading of the Content, and participation in the Contest shall be at Your 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 Contest. Star India makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platform including this section, (iii) any unauthorized access to or use of our 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 accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website 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 via the social media platforms/ Contest section including loss of Content posted by You, 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.

7.30. Star India 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 in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.

7.31. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate and win Prizes of the Contest is through participation as described in these Terms and Conditions. Any person claiming that he/she can help You win the Prizes of the Contest for a consideration is defrauding You.

7.32. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You 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, Your attendance may be withdrawn or subject to limitation upon Star India sole discretion.

7.33. You hereby acknowledge that in case any portion/clause of these Terms 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;

7.34. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at Star India in connection with this Contest; and agree to make no public press announcements or information for publication without the explicit approval of STAR India.

7.35. You further understand and acknowledge that nothing herein obligates Star India to maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publically; or (b) has been made available to Star India by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Star India or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Star India from any third party;

7.36. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

7.37. You 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.

7.38. The Contest shall be null and void in any jurisdiction where prohibited by law.

7.39. The Terms and Conditions shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Contest, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.

7.40. Subject to the provision of Paragraph 7.39. 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 Mumbai, India.

7.41. You acknowledge that in case the Contest and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India 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 seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

7.42. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

7.43. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

7.44. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

7.45. You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Contest is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.

7.46. You acknowledge and agree that upload and submission of Your posts/tweets does not necessarily entitle you to win a Prize.

7.47. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

7.48. Star India recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

7.49. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

7.50. 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 You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the You and Star India., in this connection.

7.51. You hereby acknowledge that You have 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.

7.52. In case of any queries in relation to this Contest, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

Deadpool

TERMS AND CONDITIONS

Please read the following Terms and Conditions very carefully before entering this contest ‘Deadpool’ (“ Contest”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/ ‘ T&Cs’) govern Your participation in this Contest to be held on Star Movies Twitter profile at the URL https://twitter.com/starmoviesindia (referred to as “Handle”) from 11 AM to 11.59 PM on November 17, 2019 “Contest Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘ You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Contest. You hereby agree and understand that Star India will have access to and collect information and data shared by the Participant’s Personal Information (as defined below) submitted by the Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Contest and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content (as defined below). Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Contest shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Contest in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content :

i. The Participant should be an Indian citizen. This Contest is not available for Non-Resident Indians or Indian residing outside territory of India or Indians holding dual citizenship;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Contest;

iii. The Participant should be well versed in the English language - both written and spoken;

iv. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Star India to develop on the Content;

v. The Participant should have proof of age and educational qualification when requested by STAR India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

vi. The Participant should abide by all the applicable laws at all times.

vii. Employees, affiliates, directors and representatives of Star India and their immediate family member(s) are not eligible to participate in this Contest.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject the Content and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the image shared by Star India and caption the image in English language and submit/tweet on the Handle responding to the description as provided by Star India. The tweet/post should be must describe in text not more than 280 characters in English language (“Content”).

The Participant (s) should only submit Content which is:

i. Relevant to the Contest as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Contest.

ii. upload the Content on the Handle, by using the hashtag #DeadpoolCaptionChallenge (“Hashtag”) and tagging @StarMoviesIndia (“Tag”).

iii. Foriginal and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third part and/or privacy/personality rights.

iv. has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and /or any of its employees /directors /representatives;

v. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies.

vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights.

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement

2. Contest Mechanism:

Stage 1. Submission: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content on the Handle. Participant(s) must enter the Contest on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one Handle and/or from more than one account of Twitter/Facebook/Instagram, Star India reserves the right to disqualify such Participant(s) from the Contest.

Stage 2. Internal Review: After receiving Your submission of the Contest, Star India will internally review the Content within a period of 45 days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all entry/ies received on the Handle within the Contest Period, top Participants whose Entries are valid and compliant with the aforesaid parameters which are creative and correct shall be shortlisted (“Shortlisted Participant(s)”) and using a randomizer, 10 winners from the Shortlisted Participants (“ Winners”) shall be selected. Such Participant(s) from the Shortlisted Participant(s) who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Star India shall be entitled to win the Prize.

The Winners will be contacted via Direct Message (“ Private Message”) to provide their name, age, email id and phone number (“Contact Details”) to hello@startv.com within 24 hours of such Private Message. In the event any Winner(s) fails to submit their details their entry shall be invalidated.

Upon receipt of the Contact Details, Star India shall contact the Winners via email to submit (including but not limited to) scanned copies of their identity proof, age proof and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“ Documents”) within 24 (twenty four) hours of such email. In the event, any Winner(s) fails to submit the Documents his/her participation shall be invalidated and Star India shall forfeit his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Star India shall make only one (1) attempt to reach the Winners after the Contest Period, not later than forty five (45) days from the end of the Contest Period. In the event such Winner(s), fail to respond within three (3) days, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

Upon successful communication and acceptance of the Prize by the Winners within the timelines as mentioned above and in accordance with these Terms and Conditions, the Winners agree that he/she shall be required to execute a separate written agreement(s) with Star India in respect of the Content submitted and its future development (if at all), by STAR India’s licensors’ and its affiliates, and shall further set out the rights and obligations of the parties, at that point of time. The Winners agree and acknowledge that the execution of a written agreement is a material condition for developing, exploiting or utilising the Content for the aforementioned purposes, as it/they may deem fit at their sole discretion. The Winners hereby acknowledge and undertake to keep all the discussions, negotiations with respect to such written agreement including the contents of the written agreement entirely confidential or any other communications with respect to the Contest entirely confidential.

Stage 4: Winners and Prize

The Winners of the Contest shall win official Star Movies merchandise (“ Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of Star India. It is clarified that all taxes in relation to Prize and all costs of courier incurred for the dispatch of the Prize shall be borne solely by Star India.

Star India shall courier the Prize to Winner to the address (in India only) as provided and confirmed by the Winner through the Documents as submitted by them under the terms of the Contest.

Upon dispatch of the Prize, in case during transit, if any loss/damage etc. is caused / incurred, Star India will not be liable for any such loss/damage etc. Star India shall not be responsible if the delivery is not possible due to reasons including but not limited to incorrect address provided by the participant, package being unclaimed, etc. Further, 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 the Winner is unreachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Winner.

The Winner agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner participating and winning the Contest, and that the Winner shall not be entitled to any further gratification at any time. It is clarified that the Prize is non-transferable and may not be exchanged for cash. If the Prize is not claimed or otherwise within the stipulated timelines as mentioned under these Terms, the Prize will be forfeited and awarded to an alternate winner(s) unless otherwise stated, at STAR India’s sole discretion. All Prize(s) are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In the event the Winners do not accept or agree to the terms as stated herein, the Prize shall remain with STAR India, who on its own discretion may offer the same to the next eligible winner. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winner and the Winner cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

Star India shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, Star India reserves the right to add or modify the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, loss, outrage, dissatisfaction, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data and/or Documents provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Star India shall have the right to declare another Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.

For avoidance of doubt it is clarified that for the purpose of participating in the Contest, the Participant(s) may upload as many post(s)/tweet(s) as they desire but only posts(s)/tweet(s) received before the close of the Contest Period shall be considered valid for the Contest. The Participant(s) agrees not to spam and/or post and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

 

The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting or tagging the Hashtag and the Tag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag and/or Tag, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. 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 data or information.

The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. The format of the Contest and the image shared by Star India is the Intellectual Property of Star India and the Contest and/or any part thereof shall not be used by any third party. Star India reserves the right to deny any Participant(s) from participating in the Contest 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 deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India. Also for the sake of abundant clarity, at no point in time will Star India be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

3.1. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content uploaded/ submitted by You. Nothing in law, contract or otherwise restricts You from submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;

3.3. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);

3.4. You have not prior to the submission of the Content approached or submitted or pitched the Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons , broadcasters , production houses , media companies and /or Star India and /or any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever The Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

3.5. The details and any other information given by You in connection with the Entry and/or submission of the Content is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

3.6. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data or information.

3.7. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

3.8. The Content shall not include any advertisements or solicitation of any business/es;

a. You undertake to ensure that the submission of Content is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Content): that belongs to another person and which You do not have right to;

b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

c. that harm minors in any way;

d. that infringes any patent, trademark, copyright or other proprietary rights;

e. that violates any privacy laws for the time being in force;

f. that violates any law for the time being in force;

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

i. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

j. that 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Twentieth Century Fox Telecommunications International, Inc., Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by Star India or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to Star India and/or possible acceptance of the Content by Star India; (v) if any representation, warranty or Personal Information made by You turns to be untrue, false and in accurate; and (vi) 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 Winner and/or the material submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

3.10. You acknowledge and confirm that Twentieth Century Fox Telecommunications International, Inc., Star India licensors and/or any of its affiliates are not in any manner whatsoever associated with the Contest and/or not responsible for the Prize, gratification or merchandise provided to the Participants and Winners. This Contest is in no way sponsored, endorsed or administered by Twentieth Century Fox Telecommunications International, Inc., Star India licensors or any of their respective affiliates. The Participant(s) and Winners unconditionally and irrevocably release and discharge Twentieth Century Fox Telecommunications International, Inc., Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Contest and the Prizes thereof.

4. General Rules:

4.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content per se shall not be deemed to constitute acceptance by Star India and nothing herein shall be deemed to impose an obligation on Star India to accept and /or exploit and/or utilize the Content. You recognise that other persons may have submitted to Star India. or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Star India shall have the right to use, independent of You and /or your submission of Content.

4.2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency 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 “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India and Twentieth Century Fox Telecommunications International, Inc. 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 Twentieth Century Fox Telecommunications International, Inc., Star India and/or its affiliates. Twentieth Century Fox Telecommunications International, Inc. and/or Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Twentieth Century Fox Telecommunications International, Inc. and/or 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 subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India and/or Twentieth Century Fox Telecommunications International, Inc.. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

4.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of Star India, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by Star India as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with Star India worldwide in perpetuity and Star India is entitled to exploit the same in any manner it may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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. You agree and declare that You have 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 Your participation in the Contest and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by Star India, 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 Content including any form of photographs, stills, literary works made by the Participant(s) or compilation, Footage and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

4.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

4.5. For the purposes of this Contest, by uploading and /or submitting/ his /her tweet on Twitter, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter, as the case may be. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter shall be resolved directly with Twitter/Facebook/Instagram, as the case maybe, without any recourse to Star India.

4.6. The upload or submission of posts/tweets will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using Twitter while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.

4.7. You acknowledge and agree that the posts/tweets submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Twitter, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform(s) and/or on account of the Participant’s failure to comply with the terms imposed by such platform(s).

4.8. By providing any personal information to Star India, as part of the Entry, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their likeness or personal information furnished to Star India;

4.9. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Mechanism of this Contest detailed under Paragraph 2 above without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the Website from time to time in order to be informed of the latest version of the T&C;

4.10. You agree and understand that the decision of Star India with respect to the Content submitted by You will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

4.11. 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 of the Content and/or qualification of an Participant (s), STAR India not be held liable either directly and/or indirectly and in any event, and the decision of STAR India shall be final and binding on You;

4.12. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

4.13. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Contest;

4.14. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

4.15. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets submitted by You.

4.16. 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 the Contest is delayed or postponed or cancelled;

4.17. Star India reserves the right to discontinue the Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

4.18. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. 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 You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;

4.19. Star India reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your personal information and/or Content (in part or whole) is not in compliance with the Terms and Conditions herein;

4.20. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, in the network and/or the cost of the call or internet session charged by the telecom/mobile operator etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

4.21. Star India shall not be responsible if any selected Participant is not available at their respective mobile numbers/ email id or the mobile numbers are unreachable at the time of the intimation call due to any reasons as a result of which, the Participant misses his/her chance. In this case, the Participant undertakes to not hold Star India responsible for the same;

4.22. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Contest and . You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.23. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive 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 forums in India to claim any damages or reliefs;

4.24. You hereby understand that Star India makes no representation and/or warranties regarding the Contest or any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;

4.25. Limitation of liability: By submission of the Content, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

4.26. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this T & C by You, Star India shall be entitled to any and all remedies in law and/or equity;

4.27. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

4.28. The Participant acknowledges and confirms that neither Star India licensors nor any of the Star India licensor’s affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participant.

4.29. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Contest shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its licensors andtheir respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. Star India makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platform including this section, (iii) any unauthorized access to or use of our 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 accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website 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 via the social media platforms/ Contest section including loss of Content posted by You, 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.

4.30. Star India are 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 in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.

4.31. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate and win Prizes of the Contest is through participation as described in these T&C. Any person claiming that he/she can help You win the Prizes of the Contest for a consideration is defrauding You.

4.32. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You 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, Your attendance may be withdrawn or subject to limitation upon Star India sole discretion.

4.33. You hereby acknowledge that in case any portion/clause of these Terms 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 T & C shall be valid and binding and of like effect as though such provision was not included herein;

4.34. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at Star India in connection with this Contest; and agree to make no public press announcements or information for publication without the explicit approval of STAR India.

4.35. You further understand and acknowledge that nothing herein obligates Star India to maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publically; or (b) has been made available to Star India by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Star India or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Star India from any third party;

4.36. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

4.37. You 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.

4.38. The contest shall be null and void in any jurisdiction where prohibited by law.

4.39. The T&C shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Contest, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.

4.40. Subject to the provision of Paragraph 4.39 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 Mumbai, India.

4.41. You acknowledge that in case the Contest and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India 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 seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

4.42. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

4.43. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

4.44. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

4.45. You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Contest is voluntary and out of You free will and consent, without any monetary compensation whatsoever.

4.46. You acknowledge and agree that upload and submission of Your posts/tweets does not necessarily entitle you to win a Prize.

4.47. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

4.48. Star India recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

4.49. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

4.50. 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 You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the You and Star India, in this connection.

4.51. You hereby acknowledge that You have 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.

4.52. The Contest Terms and Conditions and the Privacy Policy comply with the applicable law.

4.53. In case of any queries in relation to this Contest, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

‘Children’s Day with Star Movies’ Activity

TERMS AND CONDITIONS

Please read the following Terms and Conditions very carefully before participating in the activity ‘Children’s Day with Star Movies’ (“Activity”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Activity, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/‘T&Cs’) govern Your participation in this Activity to be held on the Star Movies’ Twitter handle at https://twitter.com/StarMoviesIndia (“Official Twitter Handle”) and Star Movies’ Instagram handle at https://instagram.com/starmoviesindia (“Official Instagram Handle”) at 11 AM on November 14, 2019 to 11:59 PM on November 14, 2019 (“Activity Period/Period”), organized and conducted by STAR India. The Official Twitter Handle and Official Instagram Handle are hereinafter referred to as “Handle(s)”. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Activity and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound by or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Activity. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify You from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Activity. You hereby agree and understand that Star India will have access to and collect personal information and data shared by the Participants (“Personal Information”). The Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Activity and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content. Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Activity shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Activity in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content:

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Activity;

iii. The Participant should be well versed in the English language - both written and spoken;

iv. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Star India to develop on the Content;

v. The Participant should have proof of age and educational qualification when requested by STAR India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

vi. The Participant should abide by all the applicable laws at all times.

vii. Employees, affiliates, directors and representatives of Star India and their immediate family member(s) are not eligible to participate in this Activity.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject the Content and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the post shared by Star India on the Handle(s) and respond in English language to the Activity Question (defined below) asked in the tweet/post i.e. to submit/tweet/comment with (i) their current age and (ii) answer to the question “Which was your favourite movie airing on Star Movies in your childhood?” (“Activity Question”) using the Hashtag (as defined below) and Tag (as defined below) [hereinafter referred to as “Content”]. It is hereby clarified that the Content submitted by the Participant on the Official Twitter Handle shall not exceed 280 (Two Hundred and Eighty) characters.

The Participant (s) should only submit Content which satisfies the following criterion:

i. Relevant to the Activity as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Activity.

ii. upload the Content on social platform (Twitter and/or Instagram) from their own Twitter handle, and/or Instagram, by using the hashtag #ChildrensDayWithStarMovies’ (“Hashtag”) and tagging @StarMoviesIndia (“Tag”) and the said accounts should not belong to any third party.

iii. be original and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third part and/or privacy/personality rights;

iv. has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and/or any of its employees /directors /representatives;

v. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies;

vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights;

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement.

2. Activity Mechanism:

Stage 1: Submission:

2.1. After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content from the Participant’s Twitter handle, and/or Instagram handle. The Participant(s) must enter the Activity on his/her own behalf and Content submitted by proxies will not be accepted. For avoidance of doubt, it is clarified that for the purpose of participating in the Activity, the Participant(s) may upload as many post(s)/tweet(s) as they desire but only post(s)(tweet(s) received before the close of the Activity Period shall be considered valid for the Activity. The Participant(s) agrees not to spam and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Activity. In the event of multiple Entries (defined below) received from a Participant(s), only the first Entry received by such Participant (before the close of the Activity Period) shall be considered for the purpose of this Activity.

2.2. The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting their age and the answer to the Activity Question by way of a comment/tweet/post and using the correct Hashtag and Tag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag/Tag, and/or which is not original or which is repetition or if the Participant(s) does not satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity. 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 data or information.

2.3. The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use, exploit and/or utilize the Content during or after the Activity Period, as it may deem fit at its sole discretion. Star India may create a photograph gallery/video containing the Content and/or any part thereof during or after the Activity Period, as it may deem fit at its sole discretion. Star India will be free to exploit, display, publish and use such the Content, as it may deem fit at its sole discretion and in any manner whatsoever. In consideration of being given an opportunity to participate in the Activity, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) shall be solely responsible to obtain consent(s) from the respective third party(ies) for the individual(s), location(s), event(s), etc. which form part of the Content and Star India shall not be responsible in any manner whatsoever. The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. Star India reserves the right to deny 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 deny the Participant(s) entry in the Activity, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.

Stage 2: Internal Review and Result:

After receiving Your submission of the Content in relation to the Activity, Star India will internally review the Content received on the Handles and the first 100 (One Hundred) Entries received in relation to the Activity Question will receive a personalised message by Star India, within 2 (two) days from expiry of the Activity Period . For avoidance of doubt, it is hereby clarified that for the purpose of evaluation of Entries in relation to the Activity, the Entries received on the Official Twitter Handle shall be considered distinct and separate from the Entries received on the Official Instagram Handle.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

3.1. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content uploaded/ submitted by You. Nothing in law, contract or otherwise restricts You from submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;

3.3. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);

3.4. You have not prior to the submission of the Content approached or submitted or pitched the Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies and /or Star India and /or any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever. The Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

3.5. The details and any other information given by You in connection with the Entry and/or submission of the Content is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

3.6. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data.

3.7. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

3.8. The Content shall not include any advertisements or solicitation of any business/es;

a. You undertake to ensure that the submission of Content is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Content): that belongs to another person and which You do not have right to;

b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

c. that harm minors in any way;

d. that infringes any patent, trademark, copyright or other proprietary rights;

e. that violates any privacy laws for the time being in force;

f. that violates any law for the time being in force;

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

i. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

j. that 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by Star India or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to Star India and/or possible acceptance of the Content by Star India and (v) if any representation, warranty or Personal Information made by You turns to be untrue, false and/or inaccurate (vi) 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 Content forming part of the Entry and/or the Activity during the Activity Period. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

3.10. You acknowledge and confirm that Star India’s licensors and/or any of its affiliates are not in any manner whatsoever associated with the Activity. This Activity is in no way sponsored, endorsed or administered by Star India’s licensors or any of their respective affiliates. The Participant(s) unconditionally and irrevocably release and discharge Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Activity.

4. General Rules:

4.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content per se shall not be deemed to constitute acceptance by Star India and nothing herein shall be deemed to impose an obligation on Star India to accept and/or exploit and/or utilize the Content. You recognise that other persons may have submitted to Star India or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Star India shall have the right to use, independent of You and /or your submission of Content.

4.2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency 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 “Tweet/Post/Submit” button. 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 and/or its affiliates. Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. 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 subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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. You agree and declare that You have 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 Your participation in the Activity and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by Star India, 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 Content including any form of photographs, stills, literary works made by the Participant(s) or compilation, and any other Intellectual Property created/ generated by the Participants during the course of the Activity.

4.3. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

4.4. For the purposes of this Activity, by uploading and/or submitting his/her tweet/post on the Twitter or Instagram platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter and Instagram. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform will be deemed invalid and will be disqualified from the Activity without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter and/or Instagram shall be resolved directly with the platform without any recourse to Star India.

4.5. The upload or submission of posts/tweets will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using the respective social media accounts while roaming in different circle/zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.

4.6. You acknowledge and agree that the posts/tweets submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Twitter or Instagram, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform(s) and/or on account of the Participant’s failure to comply with the terms imposed by such platform(s).

4.7. By providing any Personal Information to Star India, as part of the Entry, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their likeness or Personal Information furnished to Star India;

4.8. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing Terms and Conditions or withdraw, change, alter, amend the Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the website(s) from time to time in order to be informed of the latest version of the Terms and Conditions;

4.9. You agree and understand that the decision of Star India with respect to the Content submitted by You will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

4.10. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity and/or qualification of an Participant(s), STAR India not be held liable either directly and/or indirectly and in any event, and the decision of STAR India shall be final and binding on You;

4.11. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to Your participation in this Activity. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

4.12. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Activity;

4.13. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

4.14. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets/posts submitted by You.

4.15. 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 the Activity is delayed or postponed or cancelled;

4.16. Star India reserves the right to discontinue the Activity at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

4.17. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. 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 You, in consideration of Your participating in the Activity, hereby grant a royalty free, exclusive, perpetual, sub-licensable license to Star India for use in the entire world in any media deemed fit;

4.18. Star India reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your Personal Information and/or Content (in part or whole) is not in compliance with the Terms and Conditions herein;

4.19. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, in the network and/or the cost of the call or internet session charged by the telecom/mobile operator etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

4.20. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Activity. You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.21. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive 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 forums in India to claim any damages or reliefs;

4.22. You hereby understand that Star India makes no representation and/or warranties regarding the Activity or any matter in connection therewith other than those expressly given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied;

4.23. Limitation of Liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Activity shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India’s entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees One Hundred.

4.24. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of these Terms and Conditions by You, Star India shall be entitled to any and all remedies in law and/or equity;

4.25. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

4.26. The Participant acknowledges and confirms that neither the Star India’s licensors nor any of their affiliates are in any manner whatsoever associated with the Activity.

4.27. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Activity shall be at Your 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 or the content of any websites linked in relation to the Activity and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platforms including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platforms including this section, (iii) any unauthorized access to or use of our 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 accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website 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 via the social media platforms/ Activity section including loss of Content posted by You, 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.

4.28. Star India 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 in any manner whatsoever, in relation to the Activity and/or any matters arising out of the Terms and Conditions.

4.29. No purchase or payment of any consideration is necessary to enter the Activity. The only way to participate in the Activity is through participation as described in these T&C. Any person claiming that he/she can help You participate in the Activity and/or win any prizes for a consideration is defrauding You.

4.30. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You 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. Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

4.31. You hereby acknowledge that in case any portion/clause of these Terms 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;

4.32. You hereby irrevocably agree to and will maintain confidentiality in respect of any response and/or official communication that is provided to You 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.

4.33. You further understand and acknowledge that nothing herein obligates Star India to maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publicly; or (b) has been made available to Star India by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Star India or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Star India from any third party;

4.34. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

4.35. You 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.

4.36. The Activity shall be null and void in any jurisdiction where prohibited by law.

4.37. The Terms and Conditions shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Activity, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.

4.38. Subject to the provision of Paragraph 4.37. 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 Mumbai, India.

4.39. You acknowledge that in case the Activity and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India 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 seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Activity and/or the participation of an Participant forthwith and such decision shall be final and binding.

4.40. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Activity. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

4.41. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

4.42. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

4.43. You hereby acknowledge that Your voluntary participation in the Activity and /or Your contribution towards the Activity is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.

4.44. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

4.45. Star India recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

4.46. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

4.47. 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 You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the You and Star India., in this connection.

4.48. You hereby acknowledge that You have 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.

4.49. In case of any queries in relation to this Activity, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

'Live Life Like Yogi' Contest

TERMS AND CONDITIONS

THE TERMS AND CONDITIONS ARE AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

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 titled “Live Life Like Yogi” (‘Contest’) which will be hosted by Asianet Star Communications Pvt. Ltd. (“ASCPL / Company”) on its Facebook page www.facebook.com/starsuvarna (“Platform”) for promoting the television reality show titled “Gaana Bajana Masth Maja Maadona” (“Program”) on Star Suvarna (“Channel”)

The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest are required to 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 participation will be deemed as You have read all the Terms & Conditions and agree to comply with them. The decisions of Company for all matters relating to the Contest including the winner selection 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 Website (defined herein), 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 irrevocably agree and acknowledge that lack or absence of 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 required to disclose his/ her personal information to ASCPL or its authorised representative(s) 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 by ASCPL in accordance with the Privacy Policy. Such information is dealt with in the manner laid down in the privacy policy of ASCPL (“Privacy Policy”) available at http://www.startv.com/legal-terms-policies/#contest-tandc (‘Website’).

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 terms relating to ‘User Generated Content’ of ASCPL as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). Your failure to agree to the General or Principal Rules (as stated herein below) or the Privacy Policy or Terms of Use or terms relating to ‘User Generated Content’ will lead to disqualification of Your participation in the Contest. If any Participant does not agree to any part of this document, he/ she shall refrain from participating in this Contest

PRINCIPAL RULES

(I) Eligibility:

(a) The Contest is open only to persons who are citizens of India; and, 18 years of age or above (as on 6th November, 2019); and, currently residing in Karnataka. For the avoidance of doubt, the Contest is not open for participation to person(s) residing outside Karnataka. The Participant must have a valid, existing and verifiable email Id throughout the duration of the Contest Periodin order to be eligible to participate in the Contest. If the Participant does not have a valid, existent and verifiable the email id before the disbursement of the Prize/ gratification, then in that case, ASCPL reserves the right to disqualify the Participants’ Entry

(b) Permanent and/or contract employees and directors of Company, its parent, subsidiary and/or affiliated companies, advertising and/or promotion agencies, (collectively “COMPANY Entities”) and each of their immediate family members are not eligible to enter the Contest. It shall be the sole responsibility of the Participant(s) to familiarize themselves with the Terms & Conditions of the Contest, including amendments thereof from time to time. ASCPL reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participants; (ii) make amendments to the existing Terms & Conditions and/or Contest Period and/or withdraw, change, alter, amend the Terms & Conditions, without any notification(s) to the Participant; (iii) extend or curtail the Contest Period and /or suspend or abandon the same at any time, without any notification(s) to the Participant, and the Participant shall have no objection to the same whatsoever, nor shall the Participant make any claims /disputes in respect of the same. You further understand and acknowledge that you shall be solely responsible to visit the Website from time to time in order to be informed of any updates, revisions, curtailments, extensions, in the Terms and Conditions, and/or, any abandonment or termination or postponement of the Content, and abide by the same without any recourse to Company, its authorised representatives, and each of their employees, for any reason whatsoever.

(II) Contest Procedure:

(a) The Contest shall start on6th November, 2019 at 16:00 hours (IST) and end on 13th November 2019 at 23:59 hours (IST) (“Contest Period”). During the Contest Period, a short video of Mr. Yogi, who is the Host of the Program,(“Host”) will be posted (“FB Video Post”), on the Platform. The Host will be dancing to the title song of the Program in the video. The Participant/s shall have to record/shoot a video of him/her dancing in the same manner as the Host did in the FB Video Post and send the said dancing video to the email id entries@starsuvarna.tv (“Email Id”)

(b) The Participant/s may submit an Entry from 16:00 hours (IST) of 6th November, 2019 to 23:59 hours (IST) of 13 th November, 2019 (“Valid Entry Time”).

(c) Any Entry submitted by a Participant/s post the expiration of the timeline stated in paragraph II(b) herein, will not be considered to be a ‘valid’ Entry for the purposes of the Contest, and will be deemed to be disqualified.

(d) To participate in the Contest, all persons interested in participating shall send an entry (“Entry”) in the following manner during the Contest Period, subject to such persons meeting the eligibility criteria noted in paragraph I above:

  • Log onto the Platform using his/her Facebook account/credentials on their laptop/desktop or on their smart phone and find the FB Video Post of the Contest which contains the Host dancing to the title song of the Program.
  • The Participant/s shall have to dance in the same manner as the Host did in FB Video Post and record /shoot his/her video(“Dance Video”) and send the Dance Video to the email Id mentioned hereinabove from his /her valid email id. The Dance Video sent by the Participant/s should be in “VLC Player” or “MP 4” formats which should be less than 20 MBPS in size ( “Valid Video Formats”)
  • It is clarified that in order to be a ‘valid’ Entry, the Dance Video of the Participant/s should be in the Valid Video Format and dancing in the same manner as the Host did in the FB Video Post and the decision of the Company in this regard is final and binding on all the Participants.
  • It is further clarified that in order to be a valid Entry, each Entry should be sent within the Valid Entry Time.
  • The Dance Video should be clear and should not be pixelated or distorted. If any Dance Video is found to be pixelated or distorted, the same will be rejected and the Entry will be considered invalid. In such a case, no communication will be sent to the Participant of such rejection.
  • One Participant can send only one Dance Video to the Email. If more than one Dance Video is received on the Email ID, the video which is sent first will be considered for the purpose of Contest.
  • For the avoidance of doubt, in order to qualify as a ‘valid’ Entry, the Entry must possess the following requisites: (i) the Entry must be made by a Participant having a valid email id; (ii) the Entry must be made by the Participant by sending the Dance Video to the Email ID as stated hereinabove; (iii) the Participant must currently be a resident of Karnataka, and aged eighteen (18) years or above as on 6th November,2019; (iv) the Entry must contain a Dance Video in the Valid Video Format, (vi) the Participant must be dancing in the same manner as the Host did in the FB Video Post, (vii) the Dance Video should be clear without any pixilation or distortion and (viii) the Entry should be received by the Company within the Valid Entry Time,

(b) Each Participant represents and warrants that the Entry submitted by such Participant is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person, religious sect or section of the society, and/or does not infringe the rights of any third party including rights in any form of intellectual property etc. Without limiting the foregoing, Participants 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, paedophilic, libellous, 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 inform