ASK VIJAY STARS
TERMS AND 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 “#AskVijayStars” (‘Contest’) which will be hosted by Star India Private Limited (“Star India/ SIPL/ Company”) which will be hosted by Star India Private Limited (“STAR India/STAR ”) on the Vijay TV ‘X’ profile, i.e https://x.com/vijaytelevision (“ Vijay TV ‘X’Handle”) on X, Vijay TV Instagram profile i.e www.instagram.com/vijaytelevision (“Vijay TV Instagram Handle”) on Instagram and Vijay TV Facebook Page, ie www.facebook.com/vijaytelevision (“Vijay TV Facebook Page”)(collectively referred as “Platforms”) for the purpose of promotion and viewer engagement of its channel ‘Star Vijay’ (“Channel”) and its programs.
The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects.
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 https://www.disneystar.com/legal-terms-policies/ (“Website”) unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a 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 in dealt in the manner laid down in the Privacy Policy which is accessible at https://www.disneystar.com/legal-terms-policies/policies/website-privacy-policy-updated/ and the Personal Data Privacy Policy available at https://www.disneystar.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).
Any information gathered through these Terms and Conditions shall be subject to our Privacy Policy incorporated herein by reference. Your act of participating in the Contest shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of 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 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. Eligibility
The Participant(s) interested in participating in the Contest must be:
1.Citizen of India
2. 18 years (eighteen) and above years
3. Resident of Tamil Nadu State
4. 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.
5. The Employees of the SIPL, the Production Houses of the programs of Star Vijay and other channels of SIPL, the advertising agency or any other agency or third-party vendor which has been appointed from time to time, and also employees of the main sponsors of the programs of Star Vijay and other channels of SIPL and members of their immediate family, are not eligible to participate in the Contest.
II. Principal Rules
1. Star India shall announce the Contest via promos on the Channel and other channels of Star India, Newspaper ads, Radio, Outdoor, Platforms and digital platforms of the Channel or through any other medium of exploitation which shall be at the sole discretion of Star India.
2. The Contest will commence 26 July 2024 at 10:00 hours Indian Standard Time (IST) and will end on 28 July 2024 at 18:00 hours IST (“Period”) on the respective Platforms. STAR India reserves all rights to make amendments to the Period and/or Terms and Conditions and/or such other terms and conditions stated herein, without giving prior notice to the Participants. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions 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).
3. To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period:
a. log in to either or all three of the Platforms using his/her ‘X”/Instagram account/Facebook account credentials and click on the relevant page/tab of the Contest on the respective Platforms or in any other manner or form as may be prescribed /requested on the Platform.
b. For the purpose of participating in this Contest, it is mandatory that the interested Participant (s) mandatorily have either a valid Twitter account or a valid Instagram account or a Face Book account and must be residing in Tamil Nadu for the Period of the Contest.
c. Follow the Star Vijay X Handle and/or Star Vijay Gold Instagram Handle and /or Star Vijay Facebook page on the respective Platforms.
d. After login on their handle and /or page and /or account on the respective Platform, the Participant will find the post pertaining to “Ask Vijay Stars” (“Post”)and thereafter be
(i) optionally required to comment on the Post on the respective Platform.
(ii) Mandatorily required to like the Post, vide his / her post name the star from the Channel programs whom they want to ask their question, (“ TV Star”) along with their question which can be minimum 1 to maximum 3 addressed specifically to the Star (“Question”) using the pre created Hash Tag, “#AskVijayStars” (“Hashtag”) (collectively referred to as “Question).
(iii) Optionally be required to upload audio – visual stories / videos featuring the Participant on the respective Platforms as per the terms therein posing the Question (“Story”) tagging along with the predecided Hashtag
It is clarified that for the purpose of participating in the Contest and to be eligible for the Gratification, it is mandatory each and every Participant should post the Questions(s) and /or the Story (as the case may be) along with the pre-decided Hashtag (as stated above)
For purposes of the Contest, “receipt” of Question and /or Story or Entry (as defined below) occurs only when the respective Platform(s) website server records receipt of the aforementioned upon the entrant clicking “Submit/Post/Upload” button. It may be clarified that STAR INDIA shall not separately notify any Participant in respect of acceptance/due submission of the Question and /or Story or Entry.
4. (i) Logging onto the respective Platform in the manner as stated hereinabove (ii) mandatorily having a valid ‘X’/Instagram/ Facebook account (iii) being a resident of Tamil Nadu aged eighteen (18) years or above during the Period of the Contest (iv) uploading the Question and /or Story on the respective Platform(s) with the predecided Hashtag in the manner as set out herein, shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Question and /or Story on the Platforms without the pre-decided hash tag or if the Participant does not have a valid X or Instagram account or Facebook account or is not resident of Tamil Nadu or is a minor, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible to be shortlisted for the Gratification (as defined below). The Participant(s) agrees and acknowledges that by submitting the Entry and /or Question and /or Story the Participant(s) is representing that the Entry(s) and /or Question and /or Story or contents thereof are not confidential or comprise any sensitive personal information.
5. A Participant shall be allowed to upload same Question and /or Story on the respective Platforms. All such Question and /or Story uploaded on each such Platform will be considered as a separate Entry. However, each Participant can upload only one (1) Question and /or Story on a particular Platform. If a Participant uploads multiple Question and /or Story on a particular Platform, only the first Question and /or Story uploaded by the Participant on such Platform shall be considered as the Entry submitted by the Participant for the purpose of the Contest.
6. Only Entries submitted during the Period shall be considered for the purpose of the Contest.
7. Once the Entry is submitted on the respective Platforms, the Questions and /or Story forming part of the Entry shall be
8. The Participant by uploading and /or submitting his/ her Entry(s) and /or Question and /or Story on the respective Platforms, agrees and undertakes to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy therein and acknowledge that such Platforms reserve the sole and exclusive right to make amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same and abiding by the same without any recourse to STAR for any reason whatsoever. The Participant hereby agrees that any dispute arising between the Participant and any of the Platforms shall be resolved directly between such parties without any reference or recourse to STAR. The Participant will be solely responsible for complying with the terms stipulated of the respective Platform and shall not at any time hold STAR responsible for any inability on the part of the Participant to submit/ upload the Entry(s) and /or Question and /or Story by reason of any restrictive terms imposed by such Platforms and/or on account of the Participant’s failure to comply with the terms imposed by the Platforms.
9. The Participant hereby represents, covenants and declares that (i) the Entry(s) and /or Question and /or Story is original and is performed by the Participant (ii) the Entry(s) and /or Question and /or Story 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 (iii) that he/she fully owns and controls all rights and interests including all intellectual property rights in the Entry(s) and /or Question and /or Story and that no other person or party has right or interest in the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever, (iv) the Entry(s) and /or Question and /or Story shall not expose STAR to civil and/or criminal proceedings and /or claims of any nature whatsoever (v) the Entry(s) and /or Question and /or Story are not subject to any lien, charge, or any other encumbrance whatsoever (vi) the Participant has not granted any rights in the Entry(s) and /or Question and /or Story) to the prejudice of any rights granted to STAR hereunder (vii) the Entry(s) and /or Question and /or Story) is not violative of or in contravention of any applicable laws (viii) all necessary licenses and permissions required for the utilization of the Entry(s) and /or Question and /or Story by Star India for the purpose of the Contest have been secured by the Participant in accordance with the existing Terms and Conditions and applicable laws without any recourse to Star. In the event the publishing of the Entry(s) and /or Question and /or Story 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 respective Platforms and/or STAR shall have the right to at their discretion to edit/ remove/cut the contentious portion and re-publish such Entry(s) and /or Question and /or Story or reject the Entry(s) and /or Question and /or Story altogether, and the Participant agrees not to object to the same, (ix)The Participant(s) must ensure that no false and/or misleading statements are made by him/her and that he/she does not refer to any commercial product and/or service in the Entry(s) and /or Question and /or Story and (x)The Participant agrees and undertakes that the Entry(s) and /or Question and /or Story submitted by him/her for the purpose of the Contest is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.
10. Star shall be free at any point of time to contact and /or communicate with the Participant(s)/Shortlisted Participants for availing any additional information and/or to verify any details as provided in relation to Entry and the Participant(s) )/Shortlisted Participants shall unconditionally co-operate to facilitate the same. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate personal information including but not limited to mobile number, residential address, permanent account number, etc. (“Personal Information”), Question and /or Story not in the required format as prescribed therein or which consist of content which is offensive or abusive or blasphemous or copied will be considered invalid, shall be considered null and void and will be disqualified from participating in the Contest.
11. At the end of the Period on the basis of the Participant(s) having made a valid Entry, all the Entries submitted across all Platforms and fulfilling the criteria set out herein shall be on the basis of the time -stamp of the Entries so submitted across Platforms during the Period and /or any such other criteria as may be solely determined by Star India/Channel at its sole discretion and accordingly shortlist 250(two hundred and fifty ) Entries (“Shortlisted Entries/ Shortlisted Participants”). For all these Shortlisted Entries, Star shall at its sole discretion arrange for and /or directly connect with the TV Stars featured in each such Shortlisted Entries and with the featured TV Star’s explicit and /implicit consent record their answers to each of the Question featured in the Entry vide in an audio visual format vide any mode or media as deemed fit by Star at its sole discretion (“Video”(s)). It is further clarifies that Star is free to amend and /or modify the quantum and number of such Shortlisted Entries and /or Videos (as the case may be) and the Participants shall be unconditionally bound by such decision of Star. For this purpose, STAR India shall either (i) tag the respective Shortlisted Participants and /or TV Star. If the Shortlisted Participant fails to submit (“Personal Information”) within twenty four (24) hours of being tagged/texted on the Platform(s) then his / her Shortlisted Entry shall be automatically rejected and he / she shall not be entitled to receive any Video(s) and /or participate further in the Contest.
12. Participant(s) and /or TV Star (as the case may be) agrees and consents to the use by STAR of the Entry(s) and /or Question and /or Story and or the Video(s) on the respective Platforms, any other social media page of STAR or as STAR may deem fit for the purpose of promotion of the Contest. Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby assigns in favour of STAR a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, on an outright basis, all Intellectual Property vested in the in the Entries including the Entry(s) and /or Question and /or Story and or the Video(s) forming part of it, to Exploit the Entry(s) and /or Question and /or Story and or the Video(s) in any manner deemed fit by STAR at its discretion including but not limited to any other social media platform page of STAR, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Contest, as deemed fit by STAR. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s)/Shortlisted Participant (s) waives off his/her “Moral Rights” with respect to the Entry(s) and /or Question and /or Story and or the Video(s) or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Entry(s) and /or Question and /or Story and or the Video(s) submitted by the Participant(s) in any manner whatsoever. The Participant(s)/ Shortlisted Participant (s) undertake not to create any lien, charge, or other encumbrance, on the Entry(s) and /or Question and /or Story and or the Video(s) at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Entry(s) and /or Question and /or Story and or the Video(s) including the modified videos in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Entry(s) and /or Question and /or Story and or the Video(s) in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in the Entry(s) and /or Question and /or Story and or the Video(s) including rights in any form of intellectual property and rights in any form of exploitation will be owned by STAR throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Entry(s) and /or Question and /or Story and or the Video(s) and /or modified version of the aforementioned by STAR or any third party authorized by STAR, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.For the purposes of this Contest, “Exploitation” shall mean shall mean the exploitation of the Entry(s) and /or Question and /or Story and or the Video(s) 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 Entry(s) and /or Question and /or Story and or the Video(s), 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 Entry(s) and /or Question and /or Story and or the Video(s) including performances in the Entry(s) and /or Question and /or Story and or the Video(s) 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 Entry(s) and /or Question and /or Story and or the Video(s) from one form/format to another and in relation to the Entry(s) and /or Question and /or Story and or the Video(s), 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 Entry(s) and /or Question and /or Story and or the Video(s) 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.
13. The final selection of the Shortlisted Entries/ Shortlisted Participants shall be made by STAR India and shall be final and binding on the entire Participant (s)/Shortlisted Participants and in no event shall the Participant (s)/ Shortlisted Participants dispute the decision made by STAR India or its employees in connection to the Entry/Questions and /or the Contest and/or the Video. 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.
14. The Shortlisted Participants 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 Shortlisted Participants participation or non-participation in the Contest or any related activity. If the Shortlisted Participants is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions the corresponding Entries will be disqualified.
15. The Shortlisted Participants shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the on which this Contest is hosted.
16. By entering the Contest, each Shortlisted Participants acknowledges and agrees that: (i) 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; 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.
17. STAR India reserves the right to disqualify any Participant(s)/Shortlisted Participant (s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by STAR India from time to time. STAR India reserves the absolute right and discretion to reject any “Entry/Video” or any part thereof at any stage of the Contest, including after declaring the Shortlisted Participants if STAR India:
a. receives any notice or complaint relating to the Entry/ Video 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. Participant further agrees and undertakes that he /she shall not upload, or submit any Entry that:
• belongs to another person and to which the Participant does not have any right to;
• 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;
• 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 Entry or communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• 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.;
• 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 cognisable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the 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.
18. By participating in the Contest, it is construed that the Shortlisted Participants has read and understood these Principle Rules including the General Rules stated below and has agreed to abide by the same.
19. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Participant (s) and in no manner whatsoever shall the Channel/ STAR India, be responsible for the same.
20. Irrespective of whether the Participants have been disqualified and /or their Entries have not been shortlisted by the jury of STAR India, STAR India shall continue to have the right to Exploit and /or publish the Entries submitted by the Participants on any platforms owned by STAR worldwide in perpetuity.
21. For avoidance of doubt it is clarified that the final selection of the Shortlisted Participants made by Star shall be final and binding on all the Participants and in no event shall the Participants dispute the decision made by the STAR India or its employees. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning shortlisting of Shortlisting Entries to qualify for the Contest, the decision of STAR India shall be final and binding.
22. Employees of STAR India 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 Contest.
23. In the event of any fault, misunderstanding or dispute concerning any part of the Contest the decision of STAR India shall be final.
24. The entry process is strictly open to Participant(s) residing in India only during the Period of the Contest and of the age of 18 (eighteen) years and above only. The Participant (s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.
25. Proof of age, if requested, of the Participant(s) in the Entry must be submitted to STAR India (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) as may be required by STAR India confirm the eligibility of the Participant(s). STAR India also reserves the right to disqualify a Participant(s)/Shortlisted Participant (s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) at any point in time during the Period.
26. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to the Contest.
27. Each Participant(s)/Shortlisted Participant (s) consents to the use of information submitted by the Participants)/Shortlisted Participant (s) including the Entry/Answer for the purpose as set out in these Rules and Regulations.
28. 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).
29. The Shortlisted Participant (s) represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to availing the Prize herein.
30. In case a Participant is found to be in non-conformance of the Rules and Regulations, Terms of Use, User Generated Content, or Privacy Policy then STAR India will disqualify the votes received from that Participant.
31. STAR India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to Platform, unclear network, disruption in the network and/or the internet /network costs charged by the telecom/mobile/network operator etc. Any dispute in connection to the above shall be settled between the subscribers, Participants and the telecom/mobile operator directly, without involving STAR India.
32. In case of any telecom and /or network failure and /or technical failure /breakdown on the Platform and /or technical failure in submitting and /or providing/tweeting the Video(s) and/or for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change the Platform and /or the mechanism for submitting the Video(s) and /or cease from accepting such Video(s) of the Participants in any manner it may deem fit and necessary. In such event, STAR India shall be entitled to exercise the option of putting the Contest and /or the selection and declaration of Shortlisted Participant (s) in abeyance, as it may deemed fit at its discretion. In addition STAR India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in either of the Platforms’ mechanism for submitting the Video(s) including without limitation system/failure on the Platform of recording/receiving tweets or default /logging on the Platforms beyond the end time stated in these Rules and Regulations and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.
33. Participants must participate in the Contest voluntarily on their own behalf and through their own authorized Twitter and Instagram accounts, as the case may be. Entry (ies) by proxy will not be accepted.
34. Participant(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, losses or damages of any kind, including, without limitation due to any technical faults in the network and /or connections or directly or indirectly due to, to their participation or non-participation in Contest. If the Participant (s) is found to be ineligible, or if they have not complied with these Rules and Regulations, the corresponding Videos will be disqualified.
35. The Shortlisted Participant (s) agrees to maintain complete confidentiality regarding their selection for the Video and any matter relating thereto and shall not disclose any information pertaining to the Videoor the Contest which is disclosed to the Shortlisted Participant (s) and which is not available to public in general, to any person or media etc. without the consent of STAR India. In case the Shortlisted Participant (s) breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.
36. The Video cannot be transferred, negotiated, refunded or exchanged for money etc. 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 Video will be recorded by STAR India or will be incorporated in the Program or find mention in the Program.
37. 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 Video and the same, and if applicable, Shortlisted Participant (s) agrees that the same shall be solely borne by the Shortlisted Participant (s).
38. STAR India shall not be responsible for any Entries/ Video(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
39. STAR India reserves the right to forfeit the Video in the event it is found by STAR India or STAR India has a reason to believe that any information provided including personal information by the Shortlisted Participant (s) is wrong, fraudulent or any misrepresentation is made by the Shortlisted Participant (s). STAR India shall have the right to declare another Participant(s) on a random basis on the criterion mentioned herein) as the Shortlisted Participant (s) of the Contest, at its sole discretion and transfer the Videoto that person. Such decision of STAR India shall be final and binding.
40. The Shortlisted Participant (s) agrees that if due to any reason, whatsoever, beyond the control of STAR India the Video and/or anything in connection to the Video and/or the enjoyment of the Videobecomes ineffective or invalid (eg. cancellation/postponement of the event), STAR India shall not be held responsible and/or liable for the same.
41. STAR India makes no representation and/or warranty regarding the Video other than those given in these Rules and Regulations and hereby expressly disclaims all other warranties, expressed or implied.
42. The Shortlisted Participant (s) shall be solely responsible to avail the Video at the time of delivery. The Shortlisted Participant (s) agrees that he/she shall not hold STAR India and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Video or damage during transit or any problem in connection to the Prize.
43. The Shortlisted Participant (s) of the 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 Shortlisted Participant (s). Further, the Shortlisted Participant (s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Shortlisted Participant (s) agrees that the footage of any nature with regard to the Shortlisted Participant (s) from such Promotional Activity and any recording thereof shall vest with STAR India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR India may exploit the same in any manner and in any media whatsoever at any time throughout the world.
44. The Participant/Shortlisted Participant 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/Shortlisted Participant ) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Film.
45. STAR India shall not be responsible if the Shortlisted Participant (s) is not available at the telephone numbers, provided by them and as a result of which, the Shortlisted Participant (s) loses his/her chance to the Video and such decision of STAR India shall be final and binding.
46. By participating in the Contest, it shall be construed that the Participant(s) and/or the Shortlisted Participant has waived his/her right to raise any dispute with regard to the Contest, and /or the in any manner whatsoever to the extent permissible under law.
47. For the sake of clarity, if the Shortlisted Participant (s) refuses to submit Personal Information as required by Star India within 2(two) days of the intimation of the same from STAR India, STAR India shall be released from all obligations towards the Shortlisted Participant (s) in connection to the Video won by the Shortlisted Participant (s). Further, after forfeiting the Prize, STAR India shall be entitled to select and declare another Shortlisted Participant (s) (on a random basis based on the criterion set out hereinabove), as it deems fit, and award the Video, to that Shortlisted Participant and such decision of STAR INDIA shall be final and binding. Neither STAR India nor its employees have given a guarantee regarding the quality of the Video and the Shortlisted Participant (s) agree not to hold STAR India and/or the Channel and its employees, responsible with regards thereof.
48. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Shortlisted Participant shall hold harmless and indemnify the main sponsor, if any, the Channel, 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 Participant/Shortlisted Participant, 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/ Video(s)and/or any personal information submitted by the Participant/Shortlisted Participant 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.
49. 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)/Shortlisted Participant (s) in any manner whatsoever, in relation to the Contest.
50. 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 and/or Content including any third party rights claims with respect to the material submitted by the Participant(s).
51. Each Participant(s)/Shortlisted Participant (s) hereby acknowledges and agrees that the relationship between the Participant/Shortlisted Participant (s) Shortlisted Participant and STAR India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
52. The Participant(s)/Shortlisted Participant (s) Shortlisted Participant acknowledges that in case the performance of this Contest and/or availing the Video 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 Rules and Regulations 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 gratification and/or participation of a Participant(s)/Shortlisted Participant (s) Shortlisted Participant forthwith and such decision shall be final and binding.
53. Participant(s)/Shortlisted Participant Shortlisted 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.
54. Participant/Shortlisted Participant acknowledges that Participant’s/Shortlisted Participant’s representations, warranties, indemnities, grant of rights in the Video, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
55. The Participant(s)/Shortlisted Participant shall comply with the laws of India.
56. 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 selection of Shortlisted Participants and/or Video 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 Chennai, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant/Shortlisted Participant who has raised the dispute.
57. Subject to the provision of 42 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 Chennai, India.