BIG BOSS ALL ACCESS CONTEST TERMS AND CONDITIONS

The following terms and conditions (“Terms and Conditions”) shall govern the entire process for participation in the contest tentatively titled “Bigg Boss All Access Contest” (“Contest”) hosted by STAR ASIANET MIDDLE EAST FZ-LLC together with its affiliates, associates, agencies etc., as the case may be (collectively “Company”) and shall be binding on each participant (“Participant, “Yourand/or  “You”) who voluntarily desires to participate in the Contest and sets out, inter alia, the terms of Your participation in the Contest and selection of Winner(s) of the Contest.

Your act of participating in the Contest shall be deemed to be Your absolute agreement to the rules and regulations, these Terms and Conditions and Privacy Policy available at https://www.disneystar.com/legal-terms-policies/terms/contest-terms-conditions/wish-movie-contest-same-privacy-policy/  (“Privacy Policy”) as prescribed by Company from time to time (hereinafter collectively referred to as the “Contest Terms”). Upon a Participant sending an Entry (defined below) to Company, Company may, at its sole discretion, share a link of these Terms and Condition and Privacy Policy. Your continuing participation in the Contest will be deemed as your acceptance to these Terms and Conditions and Privacy Policy. If You do not agree to be bound or cannot comply with any of the Contest Terms, please do not continue. Your failure to accept these Contest Terms will disqualify Your participation in the Contest. 

The Contest shall be governed by the Contest Terms, and by entering the Contest, You acknowledge that You have read, understood, and unconditionally agree to comply with and abide by these Contest Terms. It is clarified that Company’s decisions on all matters relating to the Contest shall be final and binding in all respects. You represent that Your participation in the Contest is on a voluntary and unsolicited basis. You further acknowledge that no goods or services have been offered to You as an inducement, or a prize, for participating in the Contest. 

The Privacy Policy shall govern all collection, storage, usage, transfer, retention, disclosure of any Personal Information (defined below) and/or any other information as detailed in the Privacy Policy, including but not limited to, information in relation to Your participation in the Contest, any information gathered under, or pursuant to this Contest by Company (if any) (collectively, “Data”).

By participating in the Contest,

(i) You are authorizing Company and their employees, authorised representatives, agents, assigns (collectively “Company Entities”) to collect, use, store, transfer and disclosure of Your Data;
(ii) You acknowledge that Data is required to be collected by Company Entities in relation to Your participation in the Contest. Your refusal to provide Company Entities with certain information and consent to collect, use, store, transfer and disclose Your Data would entitle Company to disqualify You form participation in the Contest.
(iii) You are authorizing Company and/or Company Entities to contact You using telephone, WhatsApp, automatic telephone dialling systems, automatic texting systems and artificial or pre-recorded messages, including without limitation interactive voice responses and hotlines. By participating in the Contest, You also represent that You are the owner or customary user of the mobile phone number/ WhatsApp number which You have shared with Company as part of Your Entry/ used to share Your Entry for the Contest.
(iv) WhatsApp, Instagram, Facebook and/or any communications partners and/or social media partners will have access inter alia to metadata relating to communications (including the Entry) sent by You to Company but may not be able to view the contents of such communications. The extent to which such partners can access the content of communications will vary. You should review the privacy policies of such third parties before participating. Company is not responsible for the use of Your Data by such parties.
(v) You hereby consent to all of the foregoing.

To the extent of any conflict between the Privacy Policy and these Terms and Conditions, these Terms and Conditions will prevail to the extent of any such conflict.

The Contest shall commence from the date of announcement on Asianet Middle East Channel and/or the Social Media Page(s) and shall conclude as mentioned in such announcement. (“Contest Period”). You agree and acknowledge that Company reserves the right to make the changes to Contest Period. Any change in the Contest Period will be communicated by Company via the Channel, Social Media Pages and/or such other mode of communication that Company may deem fit. For the avoidance of doubt, it is clarified that the Entries (as defined hereafter) must be submitted within the Contest Period. However, the Winner(s) may be selected by Company and the Prize(s) may be made available after the end of the Contest Period in accordance with these Terms and Conditions.

You agree and acknowledge that You are not required to make any payments to Company for participating in the Contest. However, You understand and acknowledge that Your telecom service provider/ internet service provider may impose certain standard charges as per applicable rates as well as premium charges on You for use of their applicable services in relation to Your participation in the Contest, which shall be borne solely by You. Company recommends You check with Your telecom/ internet service provider for schedule of charges that may apply.

(I) Definitions:

(a) “Intellectual Property Rights” 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. The term “Intellectual Property” shall have the correlative meaning.
(b) “Works” shall mean and include the audio-visual footage/clips featuring the Winner(s) and/or their Companion(s), any form of artistic works, works of authorship, performances and services by the Winner(s) and/or their Companion(s) or compilation, data which is developed, created, discovered, invented, or otherwise brought into existence by the Winner(s) and/or their Companion(s) during the course of the Contest and Show and any other Intellectual Property created/ generated by the Winner(s) and/or their Companion(s) during the course of participation in the Contest and/or Interaction, as applicable.
(c) “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 Company in its sole discretion and shall include incorporation of the Works including performances during the Interaction and on the sets of the Show or any audio visual recording or sound recording or as may be decided by 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, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
(d) “Channel” shall mean the linear television channel branded as “Asianet ME” or any other linear television channel that may be used by Company for the purposes contemplated hereunder.
(e) “Social Media Pages” shall collectively mean the Facebook page of the Channel being https://www.facebook.com/AsianetME and Instagram Page of the Channel being https://www.instagram.com/asianetmiddleeast or any other social media page/ handle that may be used by Company for the purposes contemplated hereunder.
(f) “Show” shall mean “Bigg Boss Season 6”.

(II) Participants’ Eligibility

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

1. The Participant(s) must be individual residents of United Arab Emirates (UAE) (the “Territory”) and shall not be citizens of any sanctioned country (where sanctioned country means Belarus, Burma (Myanmar), Crimea, Cuba, Democratic Republic of Congo, Iran, Ivory Coast, Liberia, North Korea, Somalia, Sudan, Syria, Zimbabwe and any other country against whom the U.S. economic sanctions program are or may be maintained by the U.S. Government, as may be updated from time-to-time).

2. The Participant(s) represent and warrant that they are not on any Specially Designated Nationals and Blocked Persons list issued by the US Treasury Department’s Office of Foreign Assets Control;

3. The Participant(s) must be aged 18 (eighteen) years or above and at minimum should have attained the age of majority in the Territory as on the start date of the Contest Period.

4. The Participant(s) should not have any criminal conviction or be subject to any restriction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible, as per the laws of the jurisdiction to which the Participant(s) is(are) subject, to enter into a contract.

5. The Contest is not open to the employees (permanent or contracted) and directors, including each of their immediate family members, of (i) Company; (ii) Company Entities; and (iii) advertising and promotion agencies, contest partners, sponsors, and each of their parent, subsidiary and affiliated companies and/or entities connected with the promotion of the Contest (collectively, the “Sponsors”) if applicable.

6. Company reserves the right to verify the eligibility of all Participants.

7. Non-conformance by the Participant(s) with any and all of the Contest Terms set out herein or as set by Company from time to time will make such Participant’s participation in the Contest null and void.

(III) Participation Mechanism:

1. During the Contest Period, multiple-choice question(s) comprising of 3 or more options as determined by the Company (each a “Question” together “Questions”) in any of the subject matters as determined by Company, shall appear on the Channel as per timings decided by Company, in the form of on-air promo and/or on Social Media Page(s) in the form of social media posts, posted by Company.

2. To enter the Contest, Participants must watch the Channel and/or follow the Social Media Page(s) during the Contest Period and share the correct option to the Questions along with the question they wish to ask to the Bigg Boss Contestants from their WhatsApp account to 00971 52 188 32 46 and/or such other number(s) as may be communicated by Company from time-to-time. For the sake of clarity, such WhatsApp account shall be a personal account of the Participant(s) and not the business and/or promotional and/or any other type of account. To send in the answers to a Question, Participant(s) are required to direct message the correct option along with the question they wish to ask to the Bigg Boss Contestants on WhatsApp to Company (“Entry”). Any entries sent via any other mode(s) of communication, including without limitation, to any WhatsApp numbers other than number as set out herein or in a format other than as prescribed by Company shall not be considered as a valid entry for the Contest.

3. Only the first Entry by a Participant for each Question shall be allowed and considered for the purpose of shortlisting. For the sake of clarity, if a Participant has submitted multiple Entries for the same Question, then only the first Entry for the said Question shall be considered for shortlisting, and any subsequent Entry(ies) shall be considered null and void. Further, any entry sent to Company with wrong answer to the Question(s) shall not be deemed an Entry.

4. Each Entry should provide all required information requested from the Participant(s). If the same is not complied with, then the Entry will not be considered a valid entry for the Contest and the same will be disqualified. All information submitted by the Participant must be true, accurate and complete and are subject to the provision of proof(s) by the Participant, upon request by Company and/or Company Entities. It is clarified that Participants who have already provided the required information in a previous Entry shall be required to provide the required information again in every fresh Entry that they submit.

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

6. The Entries received before the commencement and/or after the expiration of the Contest Period shall be void. Company’s determination of the date and time of receipt of Entries shall be final and binding on all Participants. Any incomplete and/or illegible Entries will result in disqualification of the Participant from participation in the Contest and the receipt of any Prize.

7. Company 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, Company shall not be responsible for and/or liable in any manner whatsoever for (a) any act or omissions of any third party service providers, including failure in receipt of/delivery of any messages, including without limitation WhatsApp downtime, Instagram downtime, Facebook downtime, network problems (including unclear network), breakdown of machinery, disruption in the network and/or the internet/network costs charged by the telecom/mobile/network operator/third party service provider. etc. that the Participant may incur while participating in the Contest; (b) lost, invalid, misdirected, late, incomplete or unintelligible entries or for inaccurate entry information, whether caused by the Participants or by any technical or human errors of any nature whatsoever that may occur in the processing of such Entries; and/or (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of entries, or for technical, network, computer, hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the internet or at any website, that results in an Entry not being received by Company. Any automated receipt of confirmation does not constitute proof of actual receipt of the Entry.

8. Only eligible Entries received from eligible Participant(s), during the Contest Period, will be considered for the Contest. Each Participant represents that the Entry is authentic and not fabricated for the purposes of the Contest.

9. 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 intended to harm and/or provide unauthorized access to the recipient’s computer and the data therein.

10. Certain selected Participants will be eligible to receive the Prize (as defined below) in accordance with the Selection Process and Gratification section below.

(III) Selection Process and Gratification:

1. Company shall, randomly select no more than 25 (Tweny-five) correct Entries received by Company against the Question(s) posted and shortlist such selected Participant(s) with the correct Entry, who will be eligible to receive the Prize (each a “Winner” together “Winner(s)”). The Winner(s) for the Contest will be declared on the Channel and/or Social Media Pages and/or any other communication means, as may be determined by Company within ten (10) days after expiry of the Contest Period and/or such other time as may be determined by Company, at its sole discretion. Winner(s) shall be required to fulfil all of the requirements set out in these Terms and Conditions including submitting of valid documents to establish their eligibility to participate in the Contest and claim the Prize (defined below) to the satisfaction of Company. Upon determination of Winner(s) as per terms set out under this paragraph, the Winner(s) will be contacted through the direct message or call via WhatsApp on the WhatsApp number from which the Winner(s) have submitted their Entry(ies).

2. Prize: Winner(s) who will be selected pursuant to the selection process along with two (2) companions, who (i) is an individual, resident of UAE and not citizen of any sanctioned country (where sanctioned country means Belarus, Burma (Myanmar), Crimea, Cuba, Democratic Republic of Congo, Iran, Ivory Coast, Liberia, North Korea, Somalia, Sudan, Syria, Zimbabwe and any other country against whom the U.S. economic sanctions are or may be maintained by the U.S. Government, as may be updated from time-to-time); and (ii) must be aged 18 (eighteen) years or above (“Companion”) may get a chance to attend the “Bigg Boss All Access Event” (“Event”) to be held at Dubai and ask a question/ interact with the Bigg Boss Contestants/Artists (the “Bigg boss Contestants”) present at the Event (“Interaction”). Participants agree and acknowledge that Company does not guarantee the Interaction or make any commitments/promises in relation to the Interaction and/or number of Bigg boss Contestants, if any, present at the Event.

3. Interaction: The venue, time and duration of the Interaction will be determined by Company at its sole discretion. Company will have the right and the Winner(s) for its own behalf and on behalf of the Companion hereby permits Company to record the entire Interaction between the Winner(s), their Companion and the Bigg boss Contestants, etc. (“Footage”).

4. Winner(s) will be required to execute and ensure that the Companion executes, any and all legal documents as required by Company including any appearance release in the manner and form required by Company. Winner(s) shall share and shall ensure that the Companion shares all the details requested by Company including but not limited to name, phone number, age, email id, travel plans, name, age, address, email ID, etc. of himself/ herself and his/ her Companion, within such time as may be communicated by Company at its sole discretion. In case the Winner(s) is unable to verify the eligibility details and/or fails to furnish any details required by Company, the said Winner(s) shall be disqualified from the Contest, at the sole discretion of Company and shall not be eligible to receive a Prize. Winner(s) further agree and acknowledge that: (a) the Prize may be subject to additional terms and conditions as may be imposed by third party providers, from time to time and the Winner(s) agree to adhere to such terms and conditions, without any recourse to Company; (b) he/she shall submit and shall ensure that the Companion submits all the necessary documents and information required for travel directly to such party as may designated by Company. To the maximum extent permissible by law, Company shall not be responsible for loss of any nature, and/or any physical injury and/or disability and/or disfigurement and/or mental trauma and/or death that may occur/ occurs to any Participant, whose participation has been considered as invalid and/or not selected a winner. Notwithstanding anything to the contrary and to the maximum extent permissible by law, Company Entities make no representation and warranties, whether express or implied, with respect to the Contest and/or Prize including in relation to fitness or merchantability of the Prize and/or the Contest.

5. Company shall not be responsible if the Winner(s) are not available at the contact details provided by them as part of the Entries and/or the information sought by Company after selection and as a result of which the Winner(s) loses their chance to receive the Prize. Company shall make only one (1) attempt to reach the Winner(s). In case they do not revert within the timeline specified in Company’s communication to such Winner(s), the selection shall be invalidated, and Company shall not be liable to such Winner(s) in any manner whatsoever.

6. For the avoidance of doubt, it is clarified that if the Winner’s selection is invalidated due to (i) their non-response to Company’s communication; (ii) their failure to execute any further documents as required by Company/ Sponsor to collect the Prize/ verify the eligibility details; and/or (iii) no correct Entry is received by Company for the Contest, Company shall have the right (but not the obligation) to select the alternate eligible Participant who has submitted a correct Entry as the Winner.

7. The Winner(s) shall be required to be available as required by Company to share its entry that Company may specify from time to time (at Company’s sole discretion). Company shall not be liable to the Winner(s) for any loss/ damage to their person or property caused/incurred during the Winner’s receipt of the Prize and the Winner(s) shall keep Company indemnified for any loss suffered as a result of the same.

8. Company shall not be responsible for any costs incurred by Winner(s) and/or Companion for any travel, boarding, lodging, ancillary and/or personal expense in relation to Winner and/or Companion’s travel to the venue of the Event and otherwise enjoyment of the Prize. Winner(s) and the Companion shall arrange for their own travel, accommodation, food, etc., in relation to their enjoyment of the Prize without any recourse to Company and/or Company Entities.

9. The Participant(s) shall ensure that their Entry is original, decent and is not illegal, immoral, obscene, defamatory, derogatory, abusive, offensive, insensitive, libellous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) also agrees and confirms that their Entry for the Contest is in compliance with all applicable laws of the Territory and agrees to keep Company and/or Company Entities indemnified from any claim thereto. Any non-compliance with this clause shall lead to the immediate disqualification of the Participant(s) concerned without any liability to Company, Company Affiliates and/or the Sponsors.

10. If any Participant engages in any behaviour that Company in its sole discretion believes to be prejudicial to the spirit of the Contest, it will result in such Participant’s disqualification from the Contest and the receipt of any Prize.

11. If the Winner is unable to or does not claim the Prize, within the timeline specified in this Terms and Conditions and/or any such timeline as may be communicated by Company to the Winner, for any reason whatsoever, he/she shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.

12. All decisions taken by Company in relation to the Contest shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed to mean that the Participant(s) has(ve) waived their right to dispute any decision(s) made by Company, to the maximum extent permissible by law.

13. Company reserves the right to change and/or withdraw the Prize at any time, in case (a) the selected Winner fails to comply with any of the Contest Terms and/or applicable laws; and/or (b) to remain in compliance with applicable laws.

14. To the maximum extent permissible under applicable laws, (a) Company and/or Company Entities and/or Sponsors (if applicable) 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; and (b) Participant (including the Winner on behalf of itself and on behalf of the Companion) hereby releases Company, Company Entities and Sponsor (if applicable) from any and all liability arising out of any personal injuries, property loss or damage, and misuse of the Prize offered under this Contest, whether directly or indirectly, by reason of the acceptance, possession, or participation in the Contest.

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

16. The Prize is non-refundable, 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 and/or liquidate the Prize in the form of cash, monies or any other nature of interests. The Prize cannot be clubbed or modified or changed with any other offer or web-based service. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person(s).

(IV) Consent for procuring Personal Information:

1. In connection with participating in the Contest organized by Company, You hereby provide Your consent for collection, storage, use, transfer and retention by Company and/or Company Entities of your personal information and sensitive personal data or information as defined under applicable laws, as may be amended from time to time (collectively, “Personal Information”), including but not limited to, information in relation to Your participation in the Contest, information including Personal Information and data provided by You and/or gathered under, or pursuant to this Contest by Company such as your phone number, address, email address etc., which Personal Information is subject to Company’s Privacy Policy, which You have read and understood. Additionally, You agree and acknowledge the following and consent to all of the below:

a) Your Personal Information (including but not limited to your name, age, your username, location/city, email ID, phone number and address) may be collected by any or all of Company Entities pursuant to the Contest Terms, in connection with the Contest. You hereby also agree that it may be/become necessary for Company and/or Company Entities to collect the Personal Information in connection with Your participation in the Contest and for the uses set out below. Your refusal to provide Company and/or Company Entities (as the case may be) with certain information would entitle Company to disqualify You form participation in the Contest.
b) Your Personal Information will be used, collected, disclosed, transferred, retained by Company and/or Company Entities only for the Contest, including for the purposes of administration of the Contest and for promotional/gratification purposes around the Contest and for no other purpose.
c) Your Personal Information may be used for purposes in connection with and related to the Contest including in relation to Your participation in the Contest and administering the Contest, including for any promotional/ gratification purposes around the Contest. Your Personal Information may be used by Company and/or Company Entities in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Contest.
d) Company has informed You of Your rights to: (i) review Your Personal Information for deficiencies and inaccuracies, and request Company to amend the Personal Information, to the extent deemed feasible by Company; and (ii) withdraw the consent provided hereunder. Provided that Company/ Company Entities 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, Company shall be entitled to disqualify Your Entry and/or participation in the Contest, as deemed fit and necessary by Company at its sole discretion.
e) All Your Personal Information is true, correct and complete in all respects, and in no circumstances will Company and/or Company Entities be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.
f) Company has provided You with the option to opt out of providing Your Personal Information.
g) You agree and acknowledge that Personal Information may be shared by Company and/or Company Entities with law enforcement agencies and/or other applicable authorities for compliance with legal obligations.
h) You hereby agree to abide by the Contest Terms.

(V) Additional Terms:

1. The Winner(s) shall also be required to comply with additional requirements as may be published, displayed and/or communicated by Company, from time to time.

2. Company reserves all rights to make amendments to the existing Contest Terms including without limitation change in the rules and structure, any element of the Content, the number of winners, nature of the Prize, dates and timelines for the Contest etc., or to reschedule, cancel, terminate or withdraw the Contest upon giving prior notice. Any such change may be updated on Social Media Pages. It shall be the sole responsibility of the Participant(s) to check any revisions to the Contest Terms on the Social Media Pages.

3. Nothing contained herein or otherwise imposes an obligation on Company to run the Contest, declare winners and/or distribute the Prize. Further, Company reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.

4. In the event that Company is of the opinion none of the Participants are eligible to be selected as a Winner, then Company may exercise its discretion not to select any Winner.

5. The Participants and/or Winner will, at all times, engage in conduct with due regard to social conventions and public morals and will not commit any act which could bring Company and/or Company Entities into public disrepute or reflect unfavourably on any such parties.

6. Notwithstanding anything contained herein, including a Participant’s fulfilment of all eligibility criteria to win the Prize, Winner and/or the Companion may be denied admission/ entry at the venues of the Event at the discretion of Company/ Company Entities, including without limitation, if Winner and/or the Companion appear in an inebriated state or under the influence of any illegal substance and if the Company and/or Company Entities at their sole discretion determines that their appearance is improper and/or reflects poorly on the reputation of Company/ Company Entities. Company and/or Company Entities will not be liable and responsible for any losses incurred by the Winner(s) and/or the Companion in relation to such denial of entry in the aforementioned cases.

7. Winner(s) agrees on behalf of themselves and on behalf of the Companion that they shall not click any photos, videos, etc. at the Event, including with the Bigg Boss Contestants/Artists present in the Event nor shall publish any photos, videos, etc. at the Event on their social media platforms and/or release it in public without prior written approval from Company.

8. The Participant(s) and/or the Winner hereby acknowledge and agree that the relationship between the Participant(s) and/or the Winner and Company is not a confidential, fiduciary, or other special relationship. Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and Company.

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

10. All Entries shall become the property of Company, Company Entities and/or their assignees. By entering the Contest, the Participant(s) and/or the Winner grant Company and Company Entities and/or their assignees the right to unlimited use of their names, social media handles, 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.

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

12. Except as expressly provided herein, all ancillary costs associated with the receipt or enjoyment of the Prize, whether direct and/or indirect, including without limitation charges, expenses, taxes, costs, etc. are the sole responsibility of the selected Winner.

13. In consideration of mutual covenants and promises between the Winner and Company, Winner agrees, represents and warrants that all Intellectual Property Rights in and to the Works 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 Rights or any rights, title and interest in the Works, do not vest with Company, by operation of law, the Winner on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property Rights vested in the Works 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 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 Company, the Winner hereby grants an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property Rights in and to the Works as may be developed in the future, for the entire world. Notwithstanding the above, the Winner hereby agrees that the Winner shall not assign or in any other manner transfer rights including the Intellectual Property Rights 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 Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property Rights in and to the Works for the entire world and perpetuity to Company. The Winner 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, Company may Exploit the rights including the Intellectual Property Rights in and to the Works at any time it chooses, it is expressly agreed by the Participant(s) that the rights granted hereunder shall not be subject to any reversion, including for purposes of non-exploitation of the Footage/ Works for a period of one (1) year from the date of its creation. Winner agrees and acknowledges that the grant of rights herein or the use of the Works by Company does not entitle the Winner to receive any prize, gratification, compensation, monetary or otherwise from Company under any circumstances whatsoever.

14. The Winner agrees and acknowledges that Company shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Works in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Show).

15. Company reserves all control in respect of the utilization and exploitation of the Footage/ Works. The Winner hereby perpetually, irrevocably, and throughout the universe waive to the maximum extent permitted under law (a) all so-called “moral rights” or “droit moral” rights and any similar or analogous rights; and (b) any right to royalties or other compensation arising from or related to the use of the Footage/ Works; (c) any right of action against Company and/or any other party arising from or based upon any use or Exploitation of the Footage/ Works; (d) any and all the right to restrain/ attempt to restrain or seek any injunctive relief against Company, its assignees/exhibitors in relation to the distribution, promotion, advertisement or exploitation of the Footage, and/or Works and/or Show. Company is not obligated to broadcast, exploit, distribute, utilise the Footage/ Works, or parts thereof in any manner whatsoever. To the fullest extent permitted by applicable law, the Winner hereby waive all claims against Company, and any of its assignees/exhibitors in relation to the distribution, promotion, advertisement or exploitation of the Footage, and/or Works, and/or Contest, and/or Show for any indirect, special, incidental, punitive, and consequential damages in relation to the foregoing.

16. By providing any Personal Information to Company and/or entering the Contest, each Participant, to the maximum extent permissible by law, waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to Company/ Company Entities. If a Participant does not wish to have their information and/or likeness viewed by or disclosed to others, they should not enter the Contest.

17. 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.

18. Company Entities will not be liable to You for delay or failure to perform its obligations set out hereunder caused by an event of natural disaster, acts of God, riots, terrorism, or such other event that is beyond the reasonable control of the party (“Force Majeure Event”). The Winner agrees that if due to any reason, whatsoever, beyond the control of Company and/or Company Entities the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Company and/or Company Entities cannot be held responsible and/or liable for the same.

19. Company and/or Company Entities are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, illness, infection, death, mental trauma caused to the Participant(s) and/or the Winner/ Companion in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

20. If any provision of these Terms and Conditions are unenforceable or invalid under applicable laws, the said provision shall be modified to the extent necessary, and in any event, the remaining provisions will continue to be valid and enforceable.

21. The Winner shall do and cause the Companion to do any and all acts and execute any and all documents in such manner as may be required by Company/ Company Entities in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Company failing which their selection shall be forfeited.

22. The Participant(s) and/or the Winner on its own behalf and on behalf of the Companion shall fully indemnify, defend and hold harmless and keep indemnified, Company, Company Entities and the Sponsors (if applicable) (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) wilful misconduct or negligent acts or omissions; and/or (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. Under no circumstances will Company and/or Company 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. Further, Company shall under no circumstances be liable to any third-party platform, including any social media platforms for any reason whatsoever.

23. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner on its own behalf and on behalf of the Companion have waived their right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of Company/ Company Entities in connection with the foregoing, in any manner whatsoever, to the maximum extent permissible by applicable law.

24. The Contest shall be governed by and construed in accordance with the applicable laws of the United Arab Emirates. All matters with respect to the Contest are subject to the exclusive jurisdiction of the courts at Dubai.

25. To the fullest extent permitted by law, Company including its affiliates, and each of their respective officers, directors, employees, third party service providers, and agents disclaim all warranties, express or implied, in connection with the Contest and the Prize. Company makes no warranties or representations about the accuracy or completeness of content advertised by the Sponsors or the content of any websites linked to Company and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on Company/ Company Entities; and/or (ii) personal injury or property damage, of any nature whatsoever, resulting from the Participant’s participation in the Contest; and/or (iii) personal injury, illness, infection, death, mental trauma caused to the Winner/ the Companion in relation to their enjoyment of the Gratification; and/or (iv) 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 by Company/ Company Entities, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Participant is advised of the possibility of such damages. The foregoing shall apply to the fullest extent permitted by law in the applicable jurisdiction.

26. Limitations of Liability: By entering the contest, each Participant (which shall include the 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 Company and/or Company 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 Participant’s participation in the Contest shall be at the Participant’s sole risk. The Participant acknowledges that the representations and warranties, indemnities, limitation of liability, governing law, dispute resolution, warranty disclaimer shall survive the efflux of time.

27. Any complains and/or questions in relation to the Contest and/or these Contest Terms should be sent to Company in writing and in English and to be sent to:

Star Asianet Middle East FZ LLC
Attn: Marketing Lead ME & Intl.
Arjaan Rotana Office Tower, 7th Floor (706)
P.O. Box 502197,
Dubai Media City, Dubai Technology,
Electric Commerce and Media Free Zone,
Dubai, United Arab Emirates

Email: star.marketing.me@disney.com

With a copy to:
Attn: Head of Legal
Star House, Urmi Estate,
95 Ganpatrao Kadam Marg,
Lower Parel (W),
Mumbai, 400013,
India.

Email: Fernand.Alberto@disney.com

 

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