#DigitalFanWall Contest’

Terms & Conditions

The following are the rules for the ‘Vivo IPL 2021 - #DigitalFanWall Contest’ (the “Contest”) being conducted by Star India Private Limited (“ STAR”) for promotion of the Vivo Indian Premier League, 2021 (the “Tournament”) on its social media pages at https://www.facebook.com/starsportsindia , https://twitter.com/StarSportsIndia _____________and _https://www.instagram.com/starsportsindia/ (the “Platforms”). Any Personal Information ( defined below) gathered pursuant to this Contest shall be subject to the privacy policy available at http://www.Startv.com/legal-terms-policies/#pdp and http://www.Startv.com/legal-terms-policies/#wpp (“Privacy Policy”) which is incorporated herein by reference. This Contest shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (collectively the “ Terms and Conditions”) as stated hereunder. By participating in the Contest, it is construed that the participant (“ Participant”) has/have read and understood these Principal Rules and the General Rules stated below and has/have agreed to abide by the same.

[A] Principal Rules

1. The Contest will be conducted from April 9, 2021 upto 11:00 pm on May 28, 2021, or such other date/time as may be decided by STAR at its sole discretion and announced by STAR on the Platforms (“ Contest Period”).

2. The Contest aims to give an opportunity to the fans of the Tournament and/ or the teams participating in the Tournament to be part of the live streaming of the matches of the Tournament. Winners may opt to have their visuals and reactions recorded while they watch the live matches at their home or such place chosen by them, that may form part of the live transmission of STAR’s selected feed of the matches (“ Activity”). In order to win, Participant must answer questions of trivia correctly that are posted by STAR on the Platforms, requiring skill and prior knowledge of the Participant (“ Contest Question”).

3. Any person who wishes to participate in the Contest (“ Participant”) shall fulfill all of the following requirements in order to qualify for participation:

(a) All the Participants must be citizens of India present and residing in India during the Contest Period, must be of sound mind and must be at least 18 years of age as on the date of participating in the Contest.

(b) Each Participant is required to visit the Platform and answer the Contest Question during the Contest Period.

(c) The Participants should submit their entry containing their answers to the Contest Question on the Platform during the Contest Period only (“ Entry”).

(d) Any Entry which does not satisfy the requirements of 3 (a) – (c) above shall not be considered a valid Entry and shall be deemed null and void without requirement of any intimation by STAR.

4. Each Participant understands and accepts that the Contest shall be conducted by STAR in the manner provided below:

(a) STAR shall post the Contest Question(s), formulated by STAR and at such time as per their discretion on the Platform, While posting a Contest Question, STAR shall intimate the Participant to respond to the Contest Question by a particular timeline, determined at the discretion of STAR.

(b) All the Participants who answer the Contest Question correctly and within such time as required by STAR, shall be put into a pool of shortlisted /potential winners (“Pool”); and

(c) Lucky winners (to the tune of 40 winners, such number being in the discretion of STAR) shall be selected via randomizer from amongst the Pool (“Winners”) by an independent third party engaged by STAR for this purpose. The Winners shall be selected on the basis of the relevance and correctness of their Entries or other criteria as such independent third party and/or STAR shall deem fit. In case of a tie, STAR’s decision in this regard and for all other matters relating to the Contest shall be final and binding upon the Participant(s).

5. The Winners shall be required to submit to STAR relevant documentary evidence such as proof of age, proof of nationality and proof of address/residence, as requested by STAR from the Winners and within such timelines as indicated by STAR, to enable STAR to confirm the eligibility of each of the Winners. Subject to the aforesaid, the Winners of the Contest shall be selected by STAR.

6. Upon the confirmation of the eligibility of the Winners to participate in the Activity, they shall be required to deliver to STAR such documentation, as requested by STAR and within such timelines as indicated by STAR. Failure to provide such documentation as prescribed by STAR can disqualify the Winner from participation in the Activity.

7. Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which the Winner(s) is unable to participate in the Activity.

8. STAR reserves the right to disqualify the Winner from participating in the Activity in the event STAR has a reason to believe that any information provided by a Participant/Winner is wrong, fraudulent or any misrepresentation is made by the Participant/Winner.

9. The Winner agrees that the option of participating in the Activity cannot be transferred to a third party. It is clarified that no other gratification or alternative prize will be awarded to the Winner(s) and the Winner(s) in place of the Activity participation.

10. All Entries must be received during the Contest Period. Entries received before or after the Contest Period will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by STAR.

11. STAR and/or its group companies shall not be responsible in the event that Entries are not received or the Participant(s) is/are unable to participate in the Contest due to any network / connectivity problem, breakdown in machinery or any other technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Submit/Post” button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Entry, the Participant is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.

12. STAR reserves the right to change the entry system/mechanism and/or cease accepting Entries for the Contest during the Contest Period for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion.

13. STAR reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. STAR reserves the absolute right and discretion to reject any Entry or any part thereof at any stage of the Contest, including after declaring the winning Entry, if STAR: (a) receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions; or (b) determines at its sole discretion that the Entry inter alia:, (i) belongs to another person and in which the Participant does not have any rights; (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) 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; (iv) harm minors in any way; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonates another person; (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) 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).

14. STAR reserves the right to select and declare the Winners of the Contest and such decision shall be final and binding on the Participant(s) and the Winner(s). STAR shall select the winning Entries in accordance with applicable parameters, and the Winners shall be declared by STAR through the Platforms and/or any other means as deemed fit by STAR.

15. The Winners may be required by STAR to submit necessary supporting documentation to establish identity and compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR to be eligible for any gratification. In the event any person fails to adhere to such instructions of STAR within the timelines indicated by STAR, then his/her participation in the Contest and/or selection as a Winner shall be invalidated. In such a case : (a) STAR and/or its group companies shall not be liable in any manner whatsoever; and (b) STAR may, at its sole discretion, by the prescribed selection criteria choose other Winner(s) instead.

16. In consideration of their participation in the Contest, the Participant(s)/Winner(s) hereby agree to permit STAR (and its affiliates) to use their Personal Information including any rights of Exploitation thereof, during or pursuant to the Contest, or in any standalone shows/programming on the network. “Exploitation/Exploit” shall mean the exploitation of the Participant Information and/or any part thereof including along with its cognate forms and grammatical variations, 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 Participant Information or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Participant Information and/or any part thereof from one form/format to another and in relation to the Participant Information and/or any part thereof, for incorporation in 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 Participant Information in to a film 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, AVOD, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.). The Participant(s)/Winner(s) waives off his “Moral Rights” with respect to the Participant Information and/or any part thereof as required. The Winner(s) shall do all acts and execute all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR herein.

17. It is agreed that at all times the Winners shall be solely responsible for any non-compliance with or breach of any applicable laws and regulations in connection with their participation in this Contest. It is clarified for the avoidance of doubt that STAR shall not be responsible in any manner whatsoever for the above and shall have no liability whatsoever (whether in law or equity or otherwise) in respect of the above.

[B] GENERAL RULES:

1. The Participant(s) must be residing within the territorial limits of India during the Contest Period. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. Proof of age, nationality and address, if requested by STAR from the Participant (s) /Winner(s), must be submitted to STAR as may be required by STAR to confirm the eligibility of the Participant(s) / Winner(s).

2. Participant(s) shall provide such information as may be required by STAR from time to time. Any incomplete submission will be considered invalid for the purpose of the Contest. 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 at any point in time during the Contest Period.

3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Contest, without giving prior notice or reason. Non-conformance by the Participant(s) to any the Terms and Conditions will make such Participant’s Entry/ies null and void.

4. The Participant/ Winner acknowledges that in case the conduct of the Contest or participation in the Activity cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as war, industrial action, flood or any act of God pr any other event outside the reasonable control of STAR, then STAR shall not have any liability in this connection.

5. STAR and/or its group companies are 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 in any manner whatsoever, in connection to the Contest.

 

6. The Winner(s)/Participant (s) shall hold harmless and indemnify STAR, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, liability, award, costs or expenses that may arise in connection with any act of the Participant(s)/Winner(s) and/or Entry including any third party rights claims with respect to the material submitted by the Participant(s)/Winner(s) to STAR.

7. The Participant(s) and/or the Winner(s) shall not in any circumstances make any claims against STAR or its group companies, 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 (directly or indirectly), to the Participant(s) and/or the Winner(s) participation or non-participation in the Contest or any related activity. If any Participant or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding entries will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Contest.

8. Employees of and/ or consultants of STAR and/or persons hired on contract by STAR, and the members of their immediate family, and the sponsors of the Tournament’s broadcast by STAR and such sponsor’s employees are ineligible to participate in the Contest.

9. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) has waived his/her right to raise any dispute with regard to the Contest and/or the Prize, in any manner whatsoever and has understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and unconditionally accepts and agrees to comply with and abide by the Terms and Conditions. In the event of any fault, misunderstanding or dispute concerning any part of the Contest the decision of STAR shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/Winner(s) and STAR and its group companies is not a confidential, fiduciary, or any other special relationship.

10. The Participant(s)/Winner(s) of the Contest agrees that if so required by STAR, 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 and on any platform whatsoever without any money payable to the Participant(s)/Winner(s). Further, the Participant(s)/Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR or any of its group companies into public disrepute or denigrate any of the preceding, or offend any community or public morals. In all public appearances the Participant/Winner shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Tournament and/or the network and/or any channel on the network. The Participant(s)/ Winner(s) agrees that the footage/ picture/ photograph of the Participant(s)/ Winner(s) used during the course of the Contest or for the purpose of the Contest 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 whether by itself or through its group companies. The Participant agrees and consents to the use of any text and/or information and/or any photograph and/or image and/or visual recording and/or other components of his or her Entry on any platform as STAR may deem fit for the purpose of promotion of the Tournament and/or the network and/or any channels forming part of the network.

 

11. The Participant’s participation in the Contest shall be considered to be acceptance of the Terms and Conditions as set forth herein.

12. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, and/or the operation of the internet system, or the validity of any question or answer options, the decision of STAR shall be final and binding on all Participant(s) and other persons. STAR is empowered to take a decision on any case or instances not covered by the present Terms and Conditions.

13. STAR has the right at any time to terminate the Contest without any prior intimation or notice to the public and STAR is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Contest.

14. If the operation of this Contest is prevented or affected by an event of force majeure or otherwise, STAR may cancel all or any part of the Contest or take such other decision as it deems fit.

15. If any court or other competent authority holds any provision (or any part of such provision) of these Terms and Conditions to be void or unenforceable, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.

16. These Terms and Conditions and the Contest shall be governed by and construed in accordance with the laws of India and the Participant(s) submit irrevocably to the exclusive jurisdiction of the courts in New Delhi.

17. Any dispute or claim arising out of or in relation to the Contest or these Terms and Conditions shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time, by a sole arbitrator nominated at the sole discretion of STAR. The place of arbitration shall be New Delhi. The language of arbitration shall be English. The award of the arbitral tribunal shall be final and binding on the parties.

18. STAR is empowered to take a decision on any case with respect to this Contest not covered by the present Terms and Conditions.

-x-x-x-

 

CONSENT FOR PROCURING PERSONAL INFORMATION

 

By continuing to access this website, participating in the Contest and opting to share your personal information / sensitive personal data or information, you hereby provide your consent for collection, storage, use, transfer and retention of your personal information and sensitive personal data or information as defined under the Information Technology Act, 2000 and the rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time (collectively, “Personal Information”), which Personal Information is subject to the privacy policy available at http://www.Startv.com/legal-terms-policies/#pdp and http://www.Startv.com/legal-terms-policies/#wpp , which you have read and understood. Additionally, you agree to, and understand the terms and conditions set out below :

(a) Your Personal Information is being collected by Star India Private Limited (“Company”) pursuant to terms and conditions available on the corporate website of the Company, in connection with the contest being organized by the Company for the promotion of the Tournament (“Contest”). You hereby agree that it is necessary for the Company to collect the Personal Information in connection with your participation in the Contest and for the uses set out below.

(b) Your Personal Information will be retained and used by the Company for the Contest and for subsequent activations, promotions and future marketing campaigns/re-marketing in respect of the broadcast of the Tournament (and for broadcast of subsequent seasons of the Tournament) by the Company.

(c) Your Personal Information may be shared by the Company with its affiliates, vendors and service providers including with its vendors N.A. Sportz Interactive Private Limited, for the purposes of data processing and analysis for the Contest.

(d) Your Personal Information will be used for the Contest, in various formats and media, including television, digital, social media and print for marketing and promotional activities in respect of the Contest. Your Personal Information will also be used for the purposes of contacting you (in case you happen to be one of the Winners) and for delivery of the Prize to you.

(e) The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided by you hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify your entry and/or participation in the Contest, as deemed fit and necessary by the Company at its sole discretion.

(f) All your Personal Information is true, correct and complete in all respects and in no circumstances, will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.

(g) The Company has provided you with the option to opt out of providing your Personal Information.

(h) You hereby agree to abide by the Terms and Conditions of the Contest available on the corporate website of the Company.

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