ASIANET TELEVISION AWARDS-2024
Popular Choice Category Awards RULES FOR VOTING
These rules for voting (“Voting Rules”) uploaded on https://www.disneystar.com/legal-terms-policies/#contest-tandc and simultaneously available at the Microsite / Platform (as defined below) shall be binding on each Viewer (defined below) who is a citizen of and resident of India, as applicable (“Territory”) who voluntarily wishes to vote for the Popular Choice Category Awards (“Category” as defined below) in respect of the Event / Show titled “ASIANET TELEVISION AWARDS-2024” (“Program”) produced by Star India Private Limited (“STAR INDIA/Company”) aired on the channel Asianet (“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 https://www.disneystar.com/legal-terms-policies/policies/website-privacy-policy-updated/ and STAR INDIA’s personal data privacy policy available at https://www.disneystar.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”). By voting in accordance with the 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 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 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 Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein.
PRINCIPAL RULES
The following are the Principal Rules for Voting Mechanism (defined below) conducted by STAR INDIA for the promotion and viewer engagement of the Program on the Channel:
- The Program is an awards show wherein, based on the overall popularity of the fiction shows, on screen characters, the favorite and/or popular protagonists and artists and directors across all fiction shows of the Channel (“Nominees”) are selected and shortlisted by STAR INDIA and nominated for selection of winners under the “Popular Choice Category Awards” in 6 (six) categories viz (a) Popular Serial (11 Nominations) (b) Popular Actor (10 Nominees) (c) Popular Actress (10 Nominees) (d) Popular Director (11 Nominees) (e) Popular Co-Actor (10 Nominees) (f) Popular Co-Actress (10 Nominees) (hereinafter collectively referred to as “Categories”) for voting as set out below at its sole discretion. During the Period (defined below), the Viewers in the Territory shall cast their Vote (defined below) for their favorite Nominee(s) under the Categories as provided on the Microsite and as per the Voting Mechanism provided below.
- The Voting Activity will be conducted during the Voting Period on the microsite of the Company viz, ata.startv.com (“Microsite”/“Platform”), which may be accessed by the interested Participant(s) through any device with access to the Internet, including but not limited to mobile phones. Participants who voluntarily choose to enter in the Voting Activity are required to register themselves by following the procedure set out in these Rules and Regulations.
- The Company shall promote the Voting Activity 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 eligible Participant(s) can participate in the Voting Activity, wherein the Participant(s) can get details of the Voting Mechanism, timings, etc.
- Voting Period: shall mean the period starting from August 15, 2024 at 12:00 AM till August 25, 2024 at 09:00 PM during which the eligible Participants can cast their votes.
- To register and to participate in the Voting Activity, the eligible Participant(s) shall during the Voting Period, have to login to the Microsite / Platform at his/her sole discretion to register for the participation in the Voting Activity by submitting/furnishing his/her valid Indian Mobile Number. It is clarified that for the purpose of registering and participating in the Voting Activity it is mandatory that the valid Indian mobile number submitted by the Participant should be registered in his/her name only, failure to comply with this pre requisite will automatically cause such Participant’s registration to be invalid.
- Upon entering into the Microsite / Platform, a registration form shall be displayed in the Microsite and the same is required to be filled by the Participant(s) who shall fill in all the relevant and necessary details as stated and enumerated therein and upon submitting their Votes (as mentioned hereinafter) on Microsite, in accordance with the requirements and criteria as laid down for the Voting Activity herein, the Participant(s) agrees to have read and understood all the terms and conditions for participation in the Voting Activity and hereby agrees to abide by the same. The Participant(s) shall submit the following personal details of the Participant including but not limited to name, mobile number, location, and/or any other information/documentation as sought by the Company, at its discretion during the Voting Period (“Personal Information”) in a manner and form, as requested and /or prescribed on the Microsite/Platform. For avoidance of doubt, for the purposes of participating in the Voting Activity during the Voting Period set out herein, registering through a valid mobile phone number vide the medium of the Platform is mandatory for all interested Participants.
- It may be clarified that the Viewers participating in the Voting Activity can register on the Microsite/Platform only once through a particular mobile phone number registered in their name. Additionally, it is clarified that a specific Participant cannot register and submit their votes (as defined below) on the Microsite through multiple registered mobile numbers. In such cases only the first Vote submitted by the Participant through a particular mobile number shall be considered, and the others shall be deemed invalid.
- Once the mobile phone number is registered in the manner as stated therein, an OTP (One Time Password) will be sent to the registered mobile phone number submitted by the Participant(s). The Participant(s) will be required to mention the OTP received on their registered Mobile Number within the permitted time as mentioned therein on the Microsite/Platform, post which, the Participant will be able to proceed further with the registration process. In the event the Participant(s) fails to verify/authenticate the validity of his/her mobile number or validate the OTP during such mobile verification by the Company, the mobile number shared by the Participant is found to be false and /or unauthenticated and /or fabricated and /or the said mobile number not registered in the Participant’s name, then the Company shall have the right to forthwith disqualify the Participant from further participation in the Voting Activity.
- Voting Mechanism: After successfully registering on the Microsite / Platform with their registered mobile numbers, the Participants will be directed to the Voting Page on the Microsite / Platform where the list of nominations under different Award Categories will be displayed. The Participants will have to vote for their favorite nominees under all award categories by clicking on the space provided for against each nominees. The Participants need to vote for all award categories mandatorily but are allowed to cast only one vote for each category.
- Votes received after the Voting Period will not be considered and shall be deemed null and void. The Company shall not be responsible for any Votes submitted, whether correctly or not, but not received due to any reason whatsoever. It shall be the sole responsibility of the Participant(s) to ensure that the Vote is submitted correctly after following the due procedure specified by the Company herein.
- The Viewer will not be charged in the 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. STAR INDIA or Channel 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.
- At the end of the Period, the total number of votes received in 6 (six) categories viz (a) Popular Serial (11 Nominations) (b) Popular Actor (10 Nominees) (c) Popular Actress (10 Nominees) (d) Popular Director (11 Nominees) (e) Popular Co-Actor (10 Nominees) (f) Popular Co-Actress (10 Nominees) under the above Voting Mechanism will be calculated based on the total valid votes received from the Viewers and accordingly the Nominee(s) who got the highest Votes under each Category shall be declared as the Winner of that particular Category (“Winner(s)”). The Winners shall be announced at the on-ground Event of the Program, i.e “Asianet Television Awards 2024” and during its telecast on the Channel. The calculation of votes may be done by an automated system or any other manner, as decided by STAR INDIA at its sole discretion. The Viewers shall in no event dispute and/or challenge the selection of the Nominee /Winner under any Category so selected/declared for any reason whatsoever. It is further clarified that STAR INDIA and/or the Channel reserve the right to modify the format of the Program and accordingly the rules for Voting Mechanism at any time, at its sole discretion, during the Period and it shall be the sole responsibility of the Viewer (s) to check the Rules and Regulations on the Microsite / Platform from time to time. It is further clarified that in case of the selection and declaration of Winner(s), the decision of STAR INDIA and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in a court of law, to the extent permissible under law.
- The Viewers can cast their Votes for only those Nominees who are nominated under the particular Category of the Awards as given in the Microsite / Platform. Any Votes sent by the Viewers for the Nominees who have not featured in any of the respective Category shall not be considered and shall be considered null and void.
- The Voting is merely to enable the Viewers to choose their favorite Nominee (s) or to Vote for their favorite protagonists, Actors, Directors etc from the Channel’s fiction programs or shows. No winners will be declared and/or prizes distributed for the Viewers participating in the Voting Mechanism. Viewers are not entitled to make any claims in respect of this against the Channel, STAR INDIA, and/or the Program. For the sake of clarity, the opportunity to Vote in the Program shall be the only valuable consideration afforded to the Viewer and the Viewer understands and agrees to not dispute the same.
- The decisions in respect of the selection of the Category and/or Nominees and the selection/declaration eventual Winner under each Category 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.
- The Nominee(s) shortlisted and selected by STAR INDIA and the Channel are at their discretion and are binding on the Viewer and in no event shall the Viewers dispute the decision made by STAR INDIA, Channel and/or its employees in connection to the same.
- The Viewer(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 Viewer (s) participation or non-participation in the Voting Mechanism or any related activity. If the Viewer is found to be ineligible, or if he or she has not complied with these terms and conditions, their corresponding Votes will be disqualified.
- The Viewer(s) shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the on which this Voting is hosted.
- All and any incidental costs direct and/or indirect, in relation to the Voting, shall be borne by the Viewer(s) and in no manner whatsoever shall the Channel/STAR INDIA, be responsible for the same.
GENERAL RULES
- The Viewers interested in voting must be above the age of 18 (eighteen) years and a citizen and resident of India. The Viewers should not have any criminal conviction or an arrangement or a contract that prevents the Viewers from voting.
- 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).
- 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 Popular Choice Category Awards, 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.
- STAR INDIA reserves the right to cancel and/or reschedule the Program 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 a court of law by the Viewer(s).
- Viewer(s) agree, understand and acknowledge that there is no prize/gratification for voting in the Voting Mechanism and casting of Votes for the favorite Nominees under different Categories as detailed herein.
- The Voting Rules shall be advertised sufficiently across the Microsite 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.
- In case a Viewer(s) is found to be in non-conformance of the Voting Rules and Privacy Policy, then STAR INDIA will be entitled to at its sole discretion disqualify the Votes 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.
- 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 internet service charged by the internet provider/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the internet provider/mobile operator directly, without involving STAR INDIA.
- In case of any telecom and /or network failure and /or technical failure and /or having an internet session and /or logging on to the Microsite/ platform 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 Votes of the Viewers during the Period 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 votes due to any reason whatsoever including technical disruption/ default in internet lines /connection or a default in displaying the nominations to the Viewer upon casting of Vote/close or default/failure/ any other difficulties of such nature due to which the Viewer(s) is unable to record his/her Vote/ failure to logging on automatic acceptance of votes stated in these Privacy Policy 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.
- 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.
- Voters shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.
- To the extent permissible in law, Viewer(s) shall not in any circumstances make any claims against STAR INDIA, 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.
- By casting their Vote, 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 selection of winners for Popular Choice Category Awards, Vote, 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.
- 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 Vote, agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, 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, Votes 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.
- 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.
- All Voters are advised to remain in areas with strong and stable/continuous internet connection / mobile network signal of the internet provider/telecom operator to ensure smooth functioning of casting vote.
- Standard internet rates may or may not be applicable for Viewers to participate in the voting process through Microsite/ platform. It will be Voter’s responsibility to understand and enquire charges as may be applicable with their internet providers /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 Voter.
- STAR INDIA will not permit or entertain any requests or claims to check/audit/challenge the logic of the current voting rules.
- 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.
- 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.
- Any votes casted outside the voting timelines mentioned in the ‘Voting mechanism’ above shall not be considered valid and will not be counted.
- 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.
- 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.
- Viewer(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of Vote 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 vote(s) of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).
- The Viewer(s) shall comply with the laws of India.
- Other third party websites may provide information related to the voting process, timelines or any other information which may be relevant to the Program, however, the content on such websites is not subject to our control, 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 Viewers basis such information.
- These Voting Rules shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the 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 Kochi, 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.
- Subject to the provisions of Clause-27 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 Kochi, India.