TERMS AND CONDITIONS

The following Principal and General terms and conditions (“Terms and Conditions”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the Campaign / Activity titled “BB_Fanzone Activity”, (“Campaign” / “Activity”) being launched in connection with the promotion of the program tentatively titled “Bigg Boss - Malayalam- Season-6” (“Program”), being telecast on the channel viz, Asianet (“Channel”) which will be hosted by Star India Private Limited (“Company” / “STAR”).

The Campaign shall be governed by the Terms and Conditions and all the Participants in the Campaign 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 and Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms and Conditions will disqualify you from participating in the Campaign. The decisions of the Company for all matters relating to the Campaign shall be final and binding in all respects.

The Participant agree and acknowledge that for the purpose of this Campaign, the Company may access to the personal information of the Participant including the contact number, email ID, etc. (“Personal Information”). In this regard, the Company shall ensure that the Company shall (i) maintain strict confidentiality of the Personal Information so accessed and (ii) use, disclose, process, retain or transfer the Personal Information only to perform its obligations in accordance with the applicable laws.

These Terms and Conditions, Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at Legal Terms & Policies - Disney Star (“Website”). By proceeding further, you are representing to the Company that Your participation in the Campaign is in compliance with all laws applicable to You and You are not in any manner prohibited from participating herein by any law. STAR reserves the right to revise these Terms and Conditions at any time without prior notice to the Participant. The revised Terms and Conditions, if applicable, will be effective immediately upon uploading the same on the Website, unless otherwise mentioned.

Your act of participating in the Campaign shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of Company as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Principal or General Terms or the Privacy Policy or Terms of Use or User Generated Content will disqualify your participation in the Campaign. The Campaign shall be governed by the Terms and Conditions and all the Participants in the Campaign shall unconditionally accept and agree to comply with and abide by the same.

Principal Terms

1. The Company shall announce and publicize the Activity / Campaign on their channels and Social Media Pages, viz, Facebook, Instagram, Twitter and Youtube.

2. The Campaign will commence on March 18, 2024 at 12:00 hrs Indian Standard Time (IST) and will end on June14, 2024 at 11:59 hrs (“Campaign Period” / “Activity Period”). Company reserves all rights to make amendments to the Campaign 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 for the Campaign on the Website from time to time. Company also reserves the right to (i) cancel and/or postpone the Campaign without any prior intimation to the Participants or (ii) extend or curtail the Campaign Period or suspend or abandon the same at any time, and the Participant shall have no objection to the same whatsoever, nor shall the Participant make any claims /disputes in respect of the same.

3. To participate in the Campaign, all persons interested in participating (Participants) shall be mandatorily required to do the following during the Period:

a. For the purpose of participating in this Campaign / Activity, it is mandatory that the interested Participant (s) must have a valid and existing Social Media Account / Profile and /or a valid and verifiable email id and must be residing in India during the Activity Period.

b. The prospective Participant (s) shall be required to write their Comments / Views in Malayalam or English language in the Social Media Pages of STAR to describe and express their fandom towards the Program (“Comments” / “Post”/”Entry”).

c. The Participant (s) agrees and acknowledges that by submitting the Entry and /or Post, the Participant(s) is representing that the Entry(s) and /or Post or contents thereof are not confidential or comprise any sensitive personal information. Each Participant(s) consents to the use of information submitted by the Participant(s) including the Post for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use by STAR of the Post in any manner or mode as STAR may deem fit for the purpose of promotion of the Program. Towards this effect and in consideration of being afforded an opportunity to participate in the Campaign, the Participant(s) hereby grants to STAR a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, in the Post, to utilize the Post in any manner deemed fit by STAR, including, inter alia, in a digitally modified format, including on the Program and/or in the Channel and/or 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, 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)/Winner(s) waives off his “Moral Rights” with respect to the Post or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Post submitted by the Participant(s) for the purpose of using in the Program. The Participant(s)/Winner(s) undertakes not to create any lien, charge, or other encumbrance, on the Post at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Post 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 Post in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in the Post along with the image 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 Post 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.

d. The Participants shall ensure that the submitted Post is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including rights in any form of intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that (i) belongs to another person and to which the Participant does not have any right; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights;(v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation. For the avoidance of doubt, the Participant(s) agrees that STAR has the right to remove any such material/Post which may not be in consonance with the applicable laws.

e. The Participant(s) further represents and warrants that the Post being submitted by him/her shall be original. Particularly, the Participant(s) represents that he/she has the complete authority to submit the contents of the Post and agrees to indemnify and hold harmless STAR from and against any suit/litigation/injury/damage/harm/loss suffered by STAR in connection with the same. Participants are free to send any number of Posts during the Activity Period.

f. STAR shall not be responsible for any Posts submitted but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or electricity failure and/or any reason whatsoever.

g. At the end of each and every corresponding week during the Campaign Period, STAR will shortlist best Comment(s) received by STAR during the corresponding week (“Weekly Shortlisted Comments”), on the basis of certain pre-defined criteria viz, uniqueness, their passion towards the Program and /or any such other criteria as may be solely determined by STAR at its sole discretion. Such best Comment(s) shortlisted every week shall be readout and discussed by the host of the Program during the weekend episodes.

h. At the end of the Activity Period, a maximum of six(6) such Weekly Shortlisted Comments will be further shortlisted based on certain pre-defined criteria viz, uniqueness, their passion towards the Program and /or any such other criteria as may be solely determined by STAR at its sole discretion and the Participants who has sent such shortlisted Comments (“Winners”) will be contacted privately by STAR via their Social Media Handles. The Winners will get a chance to see the Grand Finale Event of the Program at Chennai (“Gratification”).

4. The Participants shall not in any circumstances make any claims against STAR entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s) participation or non-participation in the Campaign or any related activity. If the Participant 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.

5. The Participants shall at all times comply with all applicable laws.

6. By entering the Campaign, each Participant(s) acknowledges and agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Campaign (if any), notwithstanding the foregoing, under no circumstances will STAR and/or STAR entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

7. STAR reserves the right to disqualify any Participant(s) from participating in the Campaign 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 from time to time. STAR reserves the absolute right and discretion to reject any “Entry” or any part thereof at any stage of the Campaign:

a. receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party.

b. determines at its sole discretion that the Entry is inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The decision of STAR in this regard shall be final and binding upon the Participant(s).

8. In consideration of the participation in the Campaign, Participants hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry, during or pursuant to the Campaign, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to STAR. To the extent, the above assignment is not held valid by operation of law, the Participant(s) in consideration of participating in the Campaign, hereby also grants an exclusive, perpetual, sub licensable license to STAR for use in the entire world in any media and form as STAR may deem fit, of the texts, Entry or any parts thereof submitted during the Campaign to STAR including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s) waives any so-called moral rights in the Entry.

General Terms

1. In the event of any fault, misunderstanding or dispute concerning any part of the Campaign the decision of STAR shall be final.

2. The entry process is strictly open to Participant(s) residing in India only during the Period of the Campaign 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 Campaign.

3. Proof of age, if requested, of the Participant(s) in the Entry must be submitted to STAR (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) as may be required by STAR confirm the eligibility of the Participant(s). STAR also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) at any point in time during the Period.

4. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR in relation to the Campaign.

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

6. Each Participant(s) consent to the use of information submitted by the Participants, including the Entry for the purpose as set out in these Terms and Conditions.

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

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

c. The Personal Information is being collected by STAR pursuant to the Terms and Conditions, in connection with this Campaign and it is necessary for STAR to collect the Personal Information for the Campaign and the uses set out below in (d) below.

d. The Personal Information will be used for the Campaign, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by STAR, in respect of the Campaign on the channel(s) owned by STAR and/or their Social Media Pages including the digital platform (namely the ‘Disney+Hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd or any other third parties.

e. The Personal Information will be shared by STAR with the Panel, Judges and the public at large, in connection with the Campaign.

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

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

7. STAR reserves the right to cancel and/or postpone the Campaign without assigning any reasons and/or without giving any prior intimation to the Participant (s).

8. In case a Participant is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content, or Privacy Policy then STAR will disqualify the votes received from that Participant.

9. STAR shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the 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.

10. In case of any telecom and /or network failure and /or technical failure /breakdown on the e-mail and /or technical failure in submitting the Entry(s) to the Campaign and/or for any reasons whatsoever, STAR reserves the right to at its sole discretion to change the mechanism for submitting the Entry(s) and /or cease from accepting Entry(s) of the Participants in any manner it may deem fit and necessary. In such events, STAR shall be entitled to exercise the option of putting the Campaign in abeyance, as it may deemed fit at its discretion. In addition STAR shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the mechanism for submitting the Entry(s)including without limitation system/failure of receiving Entries via e-mail beyond the end time stated in these Terms and Conditions and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR .

11. Participant(s) shall not in any circumstances make any claims against STAR, 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 Campaign.

12. STAR shall not be responsible for any Entries submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

13. The Participant(s) of the Campaign agrees that he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity") of any nature whatsoever without any money payable to the Participant(s). Further, the Participant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Participant(s) agrees that the footage of any nature with regard to the Participant(s) from such Promotional Activity and any recording thereof shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and in any media whatsoever at any time throughout the world.

14. The Participant(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR into public disrepute or denigrate any of the preceding or offend any community or public morals and in all public appearances the 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 Campaign.

15. By participating in the Campaign, it shall be construed that the Participant(s) has waived his/her right to raise any dispute with regard to the Campaign, and /or the Prize in any manner whatsoever to the extent permissible under law.

16. Each Participant in consideration of being given opportunity to participate in the Campaign , agrees that the Participant shall hold harmless and indemnify the Channel, STAR,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, in any manner whatsoever in connection with the Campaign, the mechanism and/or any material submitted forming part of the Entry and/or any personal information submitted by the 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.

17. STAR 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) in any manner whatsoever, in relation to the Campaign.

18. Each Participant in consideration of being given opportunity to participate in the Campaign, agrees to hold harmless and indemnify STAR , 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 in connection with any act of the Participant(s)/Participant(s) Entry and/or the Campaign and/or Content including any third party rights claims with respect to the material submitted by the Participant(s).

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

20. The Participant(s) acknowledge that in case the performance of this Campaign cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then STAR shall be at liberty and upon their sole discretion to terminate any such participation of a Participant(s) forthwith and such decision shall be final and binding.

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

22. Participant acknowledges that Participant’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

23. The Participant(s) shall comply with the laws of India.

24. 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 Campaign shall be referred to a sole arbitrator appointed by STAR and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Kochi 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 who has raised the dispute.

25. Subject to the provision of 24 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.

 

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