Dance Plus Season 6

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Novi Digital Entertainment Private Limited and/or the Production House (defined below) . By voluntarily participating, You and/or your Parent agree, to be bound by the Terms and Conditions.

 

The following terms and conditions govern the entire process for Auditions (as defined below) as detailed herein for participation in the non-fiction reality program tentatively titled “Dance Plus Season 6” (“Program”) and shall be binding onYou (the Participant) and/or Your Parent (Parent of the Participant), in the event Participant is a Minor, being citizens of India and residing in India (referred to as “Territory”) who voluntarily desire to participate in the Auditions hosted by Novi Digital Entertainment Private Limited (“Novi/Company”) for the purpose of selection and participation of Participants in the Program to be hosted/published, inter alia, on the Company’s and/or its affiliates platforms including the platform ‘Disney+ Hotstar’ and/or any other platform as deemed, fit by Novi (hereinafter collectively referred to as “Platforms”) and aired on, inter alia, the Company’s and /or its affiliates’ network of channels and/or any other channel as deemed fit by Novi (hereinafter collectively referred to as “Channels”).

You” or “Your” means the Participant or Parent of the Participant (in the event Participant is a Minor/ Child), on behalf of yourself and the Minor/Child Participant, as the case may be.

By proceeding further, You are representing to the Company that the Participant’s participation in the Auditions is in compliance with all laws applicable on the Participant, and the Participant, is not in any manner prohibited from participating herein by any law.

These Terms and Conditions which are available at https://www.startv.com/legal-terms-policies/terms/contest-terms-conditions/dance-plus-season-6/ shall be irrevocably binding on You and/or each Participant, for and on behalf of themselves and the Participant, voluntarily participating in the Auditions. The Privacy Policy which is accessible at https://www.hotstar.com/in/privacy-policy (“Privacy Policy”) shall govern all usage of any Personal Information (defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to name, mobile phone number and/or any information gathered by Novi under or pursuant to this Auditions and in relation to the Participant’s participation in the same. Your act of voluntarily consenting to the participation in the Auditions in the manner as detailed below shall be deemed to be your absolute acceptance to the Terms and Conditions, Terms of Use of the Platform (accessible at https://www.hotstar.com/in/terms-of-use ) and Terms of Use of Star India Private Limited (accessible at https://www.startv.com/legal-terms-policies/terms/website-terms-of-use/ (together the “Terms of Use”), Privacy Policy as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”) which are hereby incorporated by reference. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use will disqualify the Participant’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same. For clarity, these Terms and Conditions will also apply to the Parent on behalf of themselves the Child who is a Participant.

 

I. DEFINITIONS

Audition(s)” shall mean and comprise the Digital Auditions, On-Ground Auditions and Televised Auditions collectively to be conducted inter alia in the mode and manner as detailed and set out hereunder during the Audition Period, which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.

Audition Centre(s)” shall collectively mean the centre(s)/venue(s), at the sole discretion of the Company, wherein Level 2 Auditions will be conducted.

Digital Auditions” means Level 1 of the selection process of the Auditions as detailed herein, to be conducted inter alia in the manner as set out hereunder during the Digital Auditions Period (defined below), which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.

Digital Auditions Period” shall mean the period commencing from July 8, 2021 at the time as per Novi’s discretion and concluding on July 29, 2021 at 11:59 p.m. (both dates inclusive) for participation in the Digital Auditions.

Audition Period” in respect of auditions at Level 1, Level 2 and Level 3 shall mean the period for Auditions to be conducted as stipulated and/or updated by the Company at its discretion and which may be updated on the Registration Website from time to time required to be checked by the Participant(s) from time to time and includes the Digital Auditions Period.

Child” means a biological child who is a Minor or a ward as defined under the Guardians and Wards Act, 1890.

Participant(s)”: means any natural person(s) who is between the age of10 (ten) years and 55 (fifty-five) years as of January 1, 2021 being a citizen of India and resident of India and in case of a Child at least one of whose Parents is a citizen of India and resident of India as per the applicable laws; and enters the Auditions/Program individually or along with a partner or as part of a group, in accordance with the terms detailed herein.

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

Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

Level(s)” shall mean collectively levels 1, 2 and 3 of the Auditions. The term “Level” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.

Materials” shall mean and include Footage (defined below), Entries, and footage of the Promotional Material (defined below) including any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of Auditions, Show and/or Program and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions, Show and/or Program. For the sake of clarity, the Audition Clip submitted by the Participants shall not be a part of the Materials.

Minor” means any participant in the Auditions who has not yet completed 18 years of age as on 1 January 2021.

On Ground Audition(s)” means Level 2 of the selection process of the Auditions as detailed herein, to be conducted inter alia in the manner as set out hereunder, which the Participant(s) is required to qualify to participate in further Levels and/or for participating in the Program.

Parent” means: (i) biological father or mother of a Participant; or (ii) legal guardian of a Participant appointed by the court in accordance with the Guardians and Wards Act, 1890.

Program” means the televised dancing-based reality program (defined below) which is tentatively titled “ Dance Plus Season 6”.

Production House” means Frames Production Company Private Limited, or any other production house as may be appointed by the Company .

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

Show Player(s)” means the selected Participant(s) who are selected through the process of the Audition to participate in the Program and such other participants as selected by the Company at its sole discretion to participate in the Program.

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

Studio” means any location in Mumbai deemed fit by the Company for filming the Program.

Televised Auditions” means Level 3 of the selection process of the Auditions as detailed herein, to be conducted inter alia in the manner as set out hereunder, which the Participant(s) is required to qualify to participate in the Program.

II. PRINCIPAL RULES

1. Eligibility Criteria for Participants:

i. Individuals who are between the age of 10 (ten) years and 55 (fifty-five) years as of January 1, 2021; and

ii. Individuals who are Indian citizens and are resident in India, as per applicable laws; and

iii. In case the Participant is a Minor, at least 1 (one) Parent of such Minor Participant must also be an Indian citizen who is resident in India as per applicable laws; and

iv. Such other criteria provided under these Terms and Conditions.

2. The Digital Auditions, On-Ground Auditions and Televised Auditions are an integral part of the Program.

3. Only the first 5,00,000 (five lakhs) valid, unique Entries received by the Company will be considered as eligible for Auditions including Digital Auditions. Irrespective of whether or not the Digital Audition Period is still ongoing, the Company shall not consider any Entries received on the Registration Website (defined below), after the 5,00,000 (five lakh) Entry (defined below) limit is completed, and all such Entries shall be disqualified from the Auditions and the Program. The Company is under no obligation to inform prospective Participants that they have stopped accepting Entries.

4. The Digital Auditions will be conducted in the Digital Auditions Period on the Registration Website, which may be accessed by interested Participant(s) through any device with access to the Internet, including but not limited to mobile phones. Participants are required to voluntarily register in the Auditions by following the procedure set out in these Terms and Conditions.

 

5. On Ground Auditions and/or Televised Auditions may or may not take place at the sole discretion of the Company and/or Production House basis the current Covid-19 pandemic scenario. The Company/Production House is under no obligation to go for On Ground Auditions and/or Televised Auditions or shooting of the Program and is also under no obligation to inform prospective Participants or their Parents about the same.

 

6. In the event of a Child Participant, each Parent shall have provided prior consent to the participation of the Participant in the Auditions and the Program. At least 1 (one) Parent of the Participant (in case of On-Ground Auditions and Televised Auditions) and each Show Player (in case of the Program) shall accompany the Participant/Show Player for all on ground shoots of the Program and shall stay with him/her till his/her elimination/disqualification and/or completion of the Auditions/Program (whichever is earlier).

 

7. The Company shall promote the Auditions through on-air (promos, astons, bugs etc.), radio, online, official social media page/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Auditions, wherein the Participant(s) can get details of the Auditions. As a part of the marketing strategy for promoting the Auditions and /or the Program on air, our radio partners may promote the Auditions and/or conduct various contests in respect of the Auditions/Program for the listeners across the country.

8. Procedure to Register: Participants who are desirous of entering the Auditions are required to register for the Auditions at http://danceplus.hotstar.com/ (“ Registration Website”) by uploading the Audition Clip, Accepting the Terms and Conditions, providing and accepting Parental Consent, in case of a Child Participant, submitting their Personal Information and the Audition Clip, as further detailed below.

i. Recording of Audition Clip and Uploading in YouTube.

(a) The Participant or Parent of the Child Participant shall record an audio-visual recording of the Participant dancing to a Hindi song of their choice (“Audition Clip”).

(b) The Participant or Parent of the Child Participant shall create an account with YouTube and comply with applicable terms and conditions of YouTube (“YouTube T&C”), but not limited to https://www.youtube.com/about/policies/#community-guidelines .

(c) The Participant or Parent of the Child Participant shall then upload the Audition Clip to YouTube.

(d) Each Audition Clip shall be:

(I) of at least a duration of 1 (one) minute and 30 (thirty) seconds;

(II) audible, having a good audio/sound quality;

(III) visually clear and should not be pixelated or distorted;

(IV) be shot against a clean and uncluttered background;

(V) be shot in the premises of the Participants’ houses, connected areas or private spaces and not shot in any public spaces;

(VI) not contain any watermarks or logos, filters and shall be free and clean of any product placement or brand integration or endorsement;

(VII) not be edited using any film making effects (lapse photography, slow motion, half speed, etc.);

(VIII) should be shot in a way to ensure that the Participants’ face is always visible and the Participants’ can be easily identified.

(e) The Audition Clip should have a valid, shareable YouTube link or URL.

(f) If the Audition Clip does not meet the above criteria, the Company and/or the Production House reserves the right to reject the Entry (defined below) and disqualify the Participant.

(g) It is hereby clarified that YouTube is in no way associated with the Program/Auditions in any manner whatsoever.

ii. Registration on the Platform and Entries

 

(a) Once You accesses the Registration Website, You shall be required to share the Personal Information of the Participant by duly filling the personal information, including but not limited to full name, age, email ID, mobile phone number(s), Parent’s name, city name, and/or any other information/documentation as sought by the Company, at its discretion during the Audition Period (“ Personal Information”) in a manner and form, as requested and /or prescribed on the Registration Website.

(b) You shall also share the YouTube link to the Audition Clip in the designated field, on the Registration Website.

(c) Participant’s consent or Parental consent for a Child Participant as required on the Registration Website will also need to be submitted in the mode and manner as prescribed or requested on the Registration Website from time to time during the Audition Period. Company may request details and documents of the Parents of Child Participants such as full names, proof of relation, contact details, email ID and other Personal Information of the Parent. For avoidance of doubt, for the purposes of participating in the Digital Auditions during the Digital Period set out hereinabove, registering through a valid mobile phone number vide the medium of the Registration Website is mandatory for all Participants.

(d) If at any point of time the Company finds that the email ID or phone number or any other Personal Information shared by You on the Registration Website is false and/or unauthenticated, then Novi shall have the right to forthwith disqualify such Participant from further participation and his/her Entry shall immediately be considered to be null and void.

(e) It may be clarified that the Participant(s) and Parent on behalf of the Participant(s), in case of a Child Participant, participating in the Digital Auditions may register on the Registration Website only once through a particular mobile phone number of the Participant and Parent (in case of a Child Participant).

(f) Once You have completed filling details of Participant’s Personal Information, You shall carefully read the Terms and Conditions available at https://www.startv.com/legal-terms-policies/terms/contest-terms-conditions/dance-plus-season-6/ and click the checkbox ‘I Accept Terms & Conditions’ (or any other similar wording) in order to accept the Terms and Conditions. In case of a Child Participant, the Parent of a Child Participant shall also read the parental consent form and click the checkbox in order to agree to and submit consent of on behalf of himself/herself and the other parent of the Participant. For the sake of clarity, it is clarified that there is a common checkbox to accept each of these terms.

(g) Pursuant to the above, You shall click on “ Request OTP & Submit” in order to submit the Entry and You may receive a One Time Password (OTP) message on the mobile number submitted by You. You shall submit the OTP in the designated field on the Registration Website within the permitted time as mentioned therein on the Registration Website, pursuant to which an acknowledgment message with a unique registration number may be received by You. If your Entry has successfully been submitted, you will receive a pop-up notification on the entry submission page confirming the same. In the event You fail to verify /authenticate the validity of Your mobile number or validate the OTP during such mobile verification by the Company, the mobile number by You is found to be false and /or unauthenticated and /or fabricated and /or the said mobile number is not registered in the Participant’s and Parent’s name, then the Company shall have the right to forthwith disqualify the Participant from further participation and his/her Entry shall immediately be considered to be null and void. Company shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever, including non-receipt of the OTP by You.

 

9. You agree and undertake that all Personal Information, provided by You at the time of registration is true, correct, and accurate.

10. By sharing the Audition Clip, You hereby represent, covenant and declare that (i) the Audition Clip is/are original and performed/enacted by the Participant(s) (ii) the Audition Clip do not and will not constitute any infringement of copyright or any right of privacy, or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurt the religious sentiments of people worldwide or be defamatory of any person deceased or alive or blasphemous in its content and that he/she fully owns and controls all rights and interests including all intellectual property rights in the Audition Clip, such material and all rights therein and that no other person or party has right or interest in the Audition Clip as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Audition Clip shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Audition Clip is/are not subject to any lien, charge, or any other encumbrance whatsoever (v) You and/or Participant(s) has not/have not granted any rights in the Audition Clip to the prejudice of any rights granted to the Company hereunder (vi) the Audition Clip is/are not in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Audition Clip for the purpose of the Auditions have been secured by You and/or the Participant(s) in accordance with the existing Terms and Conditions and applicable laws without any recourse to Company. In the event the publishing of the Audition Clip 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, Novi may, at their discretion edit/ remove/cut the contentious portion and re-publish such Audition Clip or reject the Audition Clip altogether and You and/or the Participant agrees not to object to the same. You acknowledge that the Company shall in no manner be liable if the Audition Clip or any part thereof has been edited/removed/cut or any contentious portion has been edited/removed/cut and re-published. You must ensure that no false and/or misleading statements are made by You and/or the Participant and that the Participant does not refer to any commercial product and/or service in any of the Audition Clip. You further agree and confirm that the Company is entitled to reject the Entry of the Participant in the event that the details submitted by You at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.

11. You agree and undertake that the Entry/Audition Clip submitted by You are in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.

12. You further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update or share any information and /or upload or submit Audition Clip that:

i. belongs to another person and to which You and/or the Participant(s) do not have any right to;

ii. 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;

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, 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.;

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 cognisable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, You and/or the Participant agrees that Novi has the right to remove any such Material/Entry/Audition Clip which breaches any of the terms of these Terms and Conditions and You and/or the Participant shall not be entitled to object to the same.

13. For purposes of the Auditions, accessing the Registration Website, mandatorily providing the Audition Clip on the Registration Website and thereafter furnishing the Personal Information in the mode and manner as prescribed, as the case may be, along with the acceptance to the Terms and Conditions and parental consent in case of Child Participants and personal information policy shall be considered as a complete and valid entry (“Entry” or “Entries”). It is clarified that once the Entry has been submitted, You shall not be entitled to re-submit any information, including but not limited to any Audition Clip through such email ID and Entry submitted by You for the first time shall be considered final and valid Entry for the purpose of the Audition. It is further clarified that once an Entry is submitted by You through a mobile number, You shall not be permitted to submit another entry through the same mobile number. For the avoidance of doubt, if You fail to provide minimum 1 (one) Audition Clip as prescribed in the Terms and Conditions or provide incorrect Personal Information or fail to furnish Personal Information in the manner prescribed or if the Audition Clip is in violation of the terms stated herein, then Your Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Auditions. The Company shall be free at any point of time to contact and/or communicate with You and/or the Participant for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and You and/or the Participant shall unconditionally facilitate the same. Any incomplete Entry and/or Entries with incorrect format, inadequate Personal Information, invalid email ID, or which consist of content, which contains any of the elements specified in sub-clause 11 above, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Auditions .

14. Entries received after the Digital Audition Period will not be considered for the Digital Auditions and shall be deemed null and void. The Company shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever. It shall be Your sole responsibility to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein.

15. Each Entry shall have a single Participant, duo or groups. For groups, the maximum number of individuals permitted for a valid Entry is 40 (forty).

16. There can be a maximum of 1 (one) entry per Participant. In the event of more than 1 (one) entry per Participant, the first Entry received will be taken into account, and the remaining entries will be disregarded.

17. Entries sent before and after the Audition Period will not be considered for the Program and shall be deemed null and void.

18. For the purposes of this Audition, by uploading and/or submitting his/her audio/video on the YouTube platform, You agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of YouTube. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and You shall be responsible for checking the same without any recourse to Company. If the audio/video is unavailable for reasons including but not limited to non-compliance with YouTube’s Terms and Conditions, suspension of account or any other reasons then such entry(ies) shall be considered invalid.

19. The selection and shortlisting process for the Auditions shall be conducted as detailed below for each Level of the Auditions. For the sake of clarity, a Participant cannot enter the Auditions and/or be selected as a Show Player without undergoing the process at each Level.

20. At least 1 (one) Parent of each Child Participant(s) shall accompany the Child Participant(s) for all levels of the Auditions and shall stay with him/her till his/her elimination/disqualification and/or completion of the Program (whichever is earlier).

A. LEVEL 1 (DIGITAL AUDITIONS)

i. Subject to You having made a valid Entry, all the Audition Clips fulfilling the criteria set out herein shall be viewed and evaluated by the Production House and/or Novi and/or its representatives and /or choreographers appointed by the Company and/or by the Production House, at their own discretion for each of the Levels of Auditions (“ Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on You and the Participant(s). You shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law. It is further clarified that the composition of the Panel may vary from time to time during various stage of the Auditions.

ii. The Participant(s) shall be evaluated and shortlisted by the Panel on the overall basis of his/her dancing skills, performance, grace, personality, technique, versatility, style, overall personality, stature of their performance, song selection, screen presence, ideas, entertainment factor, etc. or any such other criteria determined by the Company at its sole discretion.

iii. The Panel shall have the sole authority to judge and rate the Audition Clips and performance of all the Participants and their decision shall be final and binding on You and neither the Participants nor any one on their behalf (including his /her Parent) shall have any objection to the same . Based on the evaluations of the Audition Clips by the Panel, the top-rated performances shall be shortlisted and the Participants shall be selected and eligible for participation in Level 2 of the Auditions. The Company reserves the right to select any number of Participant(s) from the Digital Auditions to participate and perform in Level 2 of the Auditions.

iv. The Participant(s) selected and shortlisted for Level 2 shall be intimated about their selection vide a telephonic conversation, which shall be recorded by way of an email. If there is no response by the Participant and the Parent of the Participant within twenty four (24) hours of receipt of such email by Participant and Parent of Participant, Company and/or the Production House shall attempt to contact the Participant and Parent of the Participant, up to a maximum of three (3) times, via telephone that has been provided by the Parent at the time of registration or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant and Parent of the Participant shall be solely responsible for checking the email/calls received from the Company. Such communication by the Company shall also give brief details of the next level of audition – Level 2, date and time of the Auditions, etc. You shall be required to give a confirmation of the Participant’s participation for Level 2 Auditions upon receiving an email or call, as the case may be. The email communication from the Company shall also provide details of the Level 2 Auditions which You shall be required to confirm and make necessary arrangements for, prior to the Level 2 Auditions.

  1. It is clarified that the Company is under no obligation to communicate to the Participants who have either been disqualified or have not been shortlisted for Level 2 Auditions.

vi. It is clarified that in the event of You and/or the Participants have not met the necessary requirements for the Level 2 Auditions, the Participant shall not be eligible for the Level 2 Auditions and shall consequently be disqualified. The Participants shall be provided with a minimum of 24 hours’ notice to be available for the Level 2 Auditions.

vii. Due to the Covid-19 pandemic scenario, the Company and/or Production House reserves the rights to decide whether to conduct On Ground Auditions and/or Televised Auditions at its sole discretion, in the event that the Company and/or Production House decides not to go ahead and conduct the On Ground Auditions and/or Televised Auditions, then the Participants shortlisted at Level 1 shall be entitled to proceed directly or be eligible directly for Level 3 or the Program (as the case may be). This decision of the Company and/or Production House shall be final and binding on every Participant and/or Parent(s) on behalf of the Participant(s), in case of a Child Participant. If the Company and/or the Production House doesn’t intend to conduct the On Ground Auditions and/or Televised Auditions, the Company and/or the Production House through the Panel may further shortlist the Participant(s) from the Participant(s) selected at Level 1 for the Televised Audition and/or the Program, basis their overall performance, confidence, etc.., and such other criteria as may be determined by the Company and/or Production House in its sole discretion. These shortlisted Participant(s) shall be qualified for the Televised Auditions and/or the Program. The Company and/or the Production House shall inform the Participant(s) and/or the Parents in case of a Child Participant. The timelines for such intimation shall be at the sole discretion of the Company and/or the Production House and the Participant and/or the Parent shall not have any right to question for the same.

B. LEVEL 2 (ON-GROUND AUDITIONS)

 

i. Participant(s) shortlisted at Level 1 shall be required to be present in the Audition Centre in Mumbai to participate and perform in Level 2 Auditions on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective shortlisted Participant(s) in Level 2, who have gone through the similar selection process as the Participants. Such decision of the Company shall be final and binding upon You and all the Participants.

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

iii. Such Participant(s) shall be asked to perform a dance act to showcase their talent (“Presentation”) and may be further interviewed by the Company and/ or the Production House regarding his/her background, family history, dancing training and/or experience, etc. The Presentation shall comply with the provisions of paragraphs 8, 9, 10, 11 and 12 (as are applicable to the Audition Clip).

iv. Level 2 will be held tentatively in the city of Mumbai. The Participant(s) shall be evaluated and shortlisted by the Panel on the overall basis of his/her dancing skills, performance, grace, personality, technique, versatility, style, overall personality, stature of their performance, song selection, screen presence, ideas, entertainment factor, etc. or any such other criteria determined by the Company at its sole discretion. The Panel shall have the sole authority to judge and rate the performance of all the Participants and their decision shall be final and binding on all Participants and their Parents (as applicable). Based on the evaluations by the Panel, the top-rated performances shall be shortlisted, and the Participants shall be selected and eligible for participation in Level 3 of the Auditions to be conducted in the Studio.

v. All Participant(s) selected and shortlisted for Level 3 shall be intimated about their selection on the same day and date as the Level 2 Audition, in person or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant and Parent of Participant shall be solely responsible for being available at the Audition Centre and checking for communication received from the Company and/or the Production House. Such communication and notice provided by the Company shall also give brief details (including the date, place and time) of the next level of audition – Level 3. You shall be required to confirm and make necessary arrangements for, prior to the Level 3 Auditions.

C. LEVEL 3 (TELEVISED AUDITIONS)

  1. Participant(s) shortlisted at Level 2 shall be required to be present in Mumbai for the Level 3 Auditions on the day/days and time specified by the Company. The Company reserves the right to introduce other prospective shortlisted Participant(s) in Level 3, who have gone through the similar selection process as the Participants. Such decision of the Company shall be final and binding upon You and all the Participants.
  1. The Participants, will be required to register themselves by executing the necessary documents, in addition to those already provided and also by furnishing the documents as required to verify the Personal Details provided by the Participants in previous Audition Levels. Each of the selected Participants /Parents shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, personal identification, etc. provided by the said Participants(s). In case the said Participants (s) /Parent is unable to furnish the original document(s) to verify the eligibility details and also submit self-affirmed photocopy of the same, the said Participants(s) shall be disqualified by the Company.
  1. Level 3 of the Auditions shall be held in the Studio in Mumbai. The Participants(s) shall be evaluated by an esteemed panel of judges and experts in the field of dance, who shall be judging the performance of Participants in the Program and /or forming part of the Program (“ Judges”) engaged by the Company and/or the Production House at its sole discretion.
  1. Each Participant(s) shall be required to perform a dance act before the Judges and as per the Judge’s requirements (“Showcase ”). The performance of these Participant(s) shall be evaluated by the Judges on the basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality and such other criteria as may be determined by the Company in its sole discretion.
  1. The Judges shall have the sole authority to judge and rate the performance of all the Participants and their decision shall be final and binding on all Participants and their Parents (as applicable).
  1. Based on the evaluations by the Judges, the Company shall select Show Player(s) from amongst the Participant(s) who participated in Level 3. The selected Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company and/or Production House from time to time.
  1. The Company reserves the right to select any number of Show Player(s) as deemed fit in accordance with the Program requirement and all such decision shall be final and binding on the Participants and their Parents (as applicable).

21. The Participants selected as Show Players and Parent(s) of Child Show Players shall:

i. ensure that they will make themselves available for all shoot dates and travel locations to any place for the shoot of the Program as may be informed by the Company from time to time;

ii. reside in any place in India decided by the Company at its sole discretion, during the shoot schedule of the Program;

iii. attend the Studio at the time and date communicated by the Company. In the event of the failure of any of the Show Player(s) or Parent of the Child Show Player from attending the Studio or location as specified by the Company for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Show/Program and the Company shall be free to select any other Participant at its own discretion. For avoidance of doubt it is clarified that the decision of the Company shall be final in this regard, binding on You and the Participants and neither the Participants nor any one on their behalf (including his /her Parent) shall have any objection to the same.

iv. solely bear the cost of arranging the requisite travel documents (including but not limited to valid passport, requisite visa, etc.), however, the cost of travelling & lodging of such Show Player(s) and Parent of a Child Show Player shall be borne by the Company and/or Production House on actuals and upon submission of original bills etc. subject to the same falling within the fixed cost bracket as decided by the Company at its sole discretion and communicated to the Show Player(s) and Parents of a Child Show Player(s) and subject to the Show Player(s) and Parents of the Child Show Player providing the Company with actual receipts/documentation evidencing such expenses.

22. The Company reserves the right to select any number of Participants(s) as Show Player(s) from the Audition or otherwise as it deems fit in accordance with the Program requirement and all such decision shall be final and binding on You and all Participants and neither the Participants nor any one on their behalf (including his /her Parent) shall have any objection to the same.

23. It is clarified that You shall be solely responsible to make all arrangements for facilitating the Audition Clips and/or Presentation and/or Showcase and the Company shall not be responsible to provide the same. The Participant(s) shall carry their own music CD’s or tapes or any musical instrument that may be required for all the Levels of the Auditions.

24. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Company/Panel/Judges shall be final and binding on You and all the Participants(s) and in no event shall You dispute the decision made by the Company or its employees in connection with the Program. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection of the Show Player(s), the decision of the Company shall be final and binding.

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

III. GENERAL RULES

1. Employees and children of employees of the Company and its affiliates, of the Production House or its affiliates, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees and children of employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Hindi or English; are ineligible to participate in the Auditions. Further, failure to provide proof of eligibility, including the correct date of birth, including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by You.

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

3. You represent to the Company that You are free and competent to enter the Auditions on behalf of yourself and the Participant; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein.

 

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

5. The Participant and Parent of a Child Participant below the age of majority as per applicable laws hereby provides his/her consent for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy , and (ii) the following terms and conditions:

(a) You have read, understood and accepted the Privacy Policy and understood and agreed that their Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy.

(b) The Personal Information may include information of the Participant and the Parent of a Child Participant, 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, Audition Clips, videos.

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

(d) The Personal Information will be used for the Auditions/Program, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by the Company, in respect of the Auditions/Program on the Platforms and Channels.

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

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

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

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

(i) The Company has provided the Participant and the Parent of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, with the option to opt out of providing his/her Personal Information, and the Participant has not exercised such option.

6. You shall not make any claims against Novi, Platforms, Channels, their directors, employees arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Auditions or any related activity including any unauthorized access of the Audition Clips, etc. If You and/or the Participant is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy or any other documentation, the corresponding Entries will be disqualified.

 

7. Company shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ You/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Request OTP & Submit” button. For the avoidance of doubt, by submitting the Entry You are representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal data or information.

8. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to You and/or the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. You and/or the Participant(s) shall hold harmless the Company, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by You and/or the Participant(s), in any manner whatsoever in connection with the Program and/or any aspect of the Auditions and waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

9. By entering the Auditions, You acknowledge and agree that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Auditions, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards associated with entering the Auditions (if any), notwithstanding the foregoing, under no circumstances will the Company and/or its 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.

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

11. The Company reserves all rights to make amendments to the Levels of Auditions, Auditions Period or such other terms and conditions stated herein, without giving prior notice. It shall be Your sole responsibility to check the Terms and Conditions for the Auditions on the Registration Website from time to time. Company also reserves the right to discontinue and/or cancel and/or postpone the Auditions/Program without any prior intimation to You.

12. The Company shall in no manner whatsoever be responsible for security of Entry and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.

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

14. No purchase or payment of any consideration is necessary to enter the Auditions. The only way manner of participation in the Audition is via Digital Auditions as described in these Terms & Conditions.

15. You are required to furnish necessary supporting documentation in original (i.e., school leaving certificate, college leaving certificate) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. You agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Production House and/or Company in its sole and absolute discretion. In case of a legal guardian, the said person will need to furnish all paperwork and also produce the relevant order /decree of the court whereby he /she has been appointed as “Legal Guardian” of the Participant below the age of majority as per applicable laws.

16. You hereby expressly acknowledge that no fees, royalties, residuals, or other consideration will be payable in respect of any broadcast, subsequent rebroadcast or retransmission or any other use by the Company and/or the Production House (or any assignees or licensees) of the Materials, Footage, Program or any part thereof in any manner or media now known or hereafter invented.

17. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to You and/or the public. The Company further reserves the right to, at its discretion any time during the telecast/Exploitation of the Program re-introduce the Digital Auditions, On-Ground Auditions and/or Televised Auditions for the purpose of introducing new Participants for participating /competing in the Program.

18. Company reserves the right to introduce, at any time and in its sole discretion, and without any prior intimation to You and/or the public, any other prospective shortlisted Participant(s) at any Level of the Auditions. Such decision of the Company shall be final and binding upon You and/or all the Participants.

19. The Company reserves the right, in its sole discretion, to select any number of Participant(s) from each Level of the Auditions.

20. For avoidance of doubt it is clarified that any and all decisions of the Company and/or the Panel/Judges made with respect to the Program/Show/Auditions shall be final and neither the Participants nor any one on their behalf (including his /her Parent) shall have any objection to the same.

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

22. The Company will not entertain any requests or claims to check/ audit/ challenge the logic of factors relevant for the selection of the Participant(s).

23. In case of a Participant under the age of majority, only Parents of such Participant must enter the Auditions voluntarily on behalf of the Participant and Entry(ies) by the Participant on his/her own or by any other proxy (except the Parent) will not be accepted.

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

25. In case for whatever reason You and/or any Participant is not agreeable to travel, stay, etc., the Company will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

26. You and/or the Participant agrees not to bring any weapons, alcohol or non-prescription controlled substances for any part of the audition and agree to irrevocably allow the Company to conduct a discreet inspection of Your and/or the Participant’s belongings to ensure strict compliance of this condition.

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

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

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

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

31. You specifically agree and acknowledge that any disputes or claims shall be resolved individually and You agree to not file by resort to any form of class action and or through any family member and or through any third party applications, criminal and/or civil proceedings in any courts or forums against the Production House and/or Company and/or their directors, employees, affiliates or subsidiaries to claim any damages.

32. You agree to not attempt to gain unauthorized access to servers or networks connected to the Company’s services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of the Company’s services.

33. At all times, You agree that the decisions of the Company shall be final and binding and they shall not have any claim against such decisions taken by the Company in respect of the Audition and the Show.

34. Non-conformance by You and/or any Participant of the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, or Privacy Policy then Company will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

35. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, pandemic, lockdowns, industrial action, flood or any act of God, or applicable law or any act beyond the reasonable control of the Company which continues for a period of seven (7) days, the Company may at its sole discretion cancel all or any part of the Show/ Programs/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on You and/or the Participants .

36. Notwithstanding a Participant 's participation in the Show/Program/ Auditions there is no obligation on the part of the Company to broadcast or Exploit the Program, nor any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.

37. The Company shall not be responsible if You are not available at the telephone numbers provided by them and/or does not respond to the emails sent to them, as a result of which, the Participant may lose his/her chance to participate then such decision of the Company shall be final and binding.

38. You specifically agree, allow, grant and permit the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of You and/or the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot during the Auditions/Show or the Program on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of You and/or the Participant (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

39. For the purposes of this Audition, by uploading and/or submitting Participant’s audio/video on the Registration Website, You agree and undertake to be unconditionally bound by the terms and conditions, terms of use and privacy policy of the Registration Website. It is further clarified that the Registration Website reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant and shall be responsible for checking the same without any recourse to Company. If the audio/video is unavailable for any reasons then such entry(ies) shall be considered invalid.

40. In consideration of being afforded an opportunity to participate in the Program/Auditions, You agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, You on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, You hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, You hereby agree that You shall neither assign nor in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company. You agree and acknowledge that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

41. You and the Participant waive off their “Moral Rights” with respect to the Materials, Footage, participation in the Auditions/ Program. Further, You and the Participant agree and acknowledge that You and/or the Participant shall not be entitled to any share in the revenues arising from exploitation of the Materials. You acknowledge that the Entry submitted and /or Audition Clips submitted and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.

42. You agree and acknowledge that the Company shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Materials in respect of their Entry uploaded on the Platform in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

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

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

45. You agree that in consideration of being given opportunity to participate in the Auditions, You shall hold harmless the main sponsor (if any), Company, its affiliates, their respective employees, officers, directors, affiliates, group companies or any other person from and against any loss suffered by the Company and/or the Production House or any injury/damage/harm/loss/death/mental or emotional trauma suffered by You, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions including for a breach of these Terms and Conditions, and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Production House and/or the Channel and/or Company to claim any damages or reliefs or otherwise.

46. You agree to keep the Company, its affiliates, their respective employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of the Terms and Conditions and any third party rights/material in with respect to the Exploitation of the Entry including the Audition Clip, by Company and /or any of its affiliate companies and/or channels.

47. You hereby acknowledge and agree that the relationship between You and the Company and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

48. You acknowledge that the Company in no way warrants, represents, guarantee or promise any rewards or prizes for Participant’s participation in the Audition.

49. You agree that Company shall in no event, whatsoever, be responsible for any medical or other problems suffered by You, including but not limited to COVID-19 related complications, during or in relation to the Participant’s participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. You acknowledge and understand that the participation in the Auditions is at Your/Participant’s own risk. Company shall not be responsible for Your and/or the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same. You acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

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

51. You and the Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto. You, Participants, Parents of Child Participants, or any other persons(s) acting for or on behalf of the foregoing (together, the "Complying Parties ") agree to comply with the United States Foreign Corrupt Practices Act of 1977 and any amendments thereto (and any local or foreign equivalent, including the laws of jurisdiction where these Terms and Conditions is entered into), and the UK Bribery Act 2010. The Complying Parties also agree to comply fully with all applicable sanctions and export control laws, including those of the United States, and those of the jurisdiction(s) where these Terms and Conditions will be performed (if different).

52. In case of a Participant less than age of majority or in case of a Child Participant, all obligations, representations, warranties, grant of rights in relation to a Participant set out herein shall be deemed to be provided by the Parent of such Child Participant on behalf of himself/herself and the Child Participant.

 

53. The Company shall not be responsible for any errors or omissions in the terms and conditions contained herein.

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

55. You acknowledge that Your representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations and this survival clause shall survive the efflux of time and the termination of these Terms and Conditions.

56. The participation of the Participant in the Auditions shall mean that the Participant and Parent on behalf of the Child Participant(s) has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy and Terms of Use.

57. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by Company and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by You.

58. Subject to the provision of paragraph 57 above, the Courts having exclusive jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India. You agree to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

 

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Id: 10083