MISSED CALL’EY JACKPOT Contest
Terms & Conditions
The following Principal and General terms and conditions (“Terms and Conditions”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the activity being launched for encouraging viewer participation in their programs / shows being telecast on their channel viz, Star Jalsha, tentatively titled as “MISSED CALL’EY JACKPOT” (“Contest”/ “Activity”) which will be organized by Star India Private Limited (“Company” / “STAR”).
The Contest / Activity shall be governed by the Terms and Conditions and all the Participants in the Contest / Activity shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms and Conditions will disqualify you from participating in the Contest / Activity. The decisions of the Company for all matters relating to the Activity shall be final and binding in all respects.
The Participant agree and acknowledge that for the purpose of this Contest / Activity, the Company may access to the personal information of the Participant including the contact number, email ID, etc. (“Personal Information”). In this regard, the Company shall ensure that the Company shall (i) maintain strict confidentiality of the Personal Information so accessed and (ii) use, disclose, process, retain or transfer the Personal Information only to perform its obligations in accordance with the applicable laws.
These Terms and Conditions, Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at https://www.startv.com/legal-terms-policies/ (“Website”). By proceeding further, you are representing to the Company that Your participation in the Contest / Activity is in compliance with all laws applicable to You and You are not in any manner prohibited from participating herein by any law. STAR reserves the right to revise these Terms and Conditions at any time without prior notice to the Participant. The revised Terms and Conditions, if applicable, will be effective immediately upon uploading the same on the Website, unless otherwise mentioned.
Your act of participating in the Contest / Activity shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of Company as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Principal or General Terms or the Privacy Policy or Terms of Use or User Generated Content will disqualify your participation in the Contest / Activity. The Contest / Activity shall be governed by the Terms and Conditions and all the Participants in the Contest / Activity shall unconditionally accept and agree to comply with and abide by the same.
PRINCIPAL TERMS
1. The Company shall announce and publicize the Contest / Activity on their television channels, Social Media Pages or through any other media as may be decided by the Company from time to time, at its sole discretion.
2. The Contest / Activity will comprise two (2) Levels ie, Level-1 (On Air Contest) and Level-2 (Game Show on Digital Platform). For clarity purpose, it is explained that only the winners of Level-1 contest are eligible for participating in Level-2 of the Contest. Winners of Level-1 contest for 2 (two) consecutive days will participate together in the Level-2 Contest (Game Show on Digital Platform).
3. This Contest / Activity shall be open only to the residents of West Bengal who are attained the age of 18 years and above as on the date of the Activity (“Eligible Participants”).
4. Level-I (On Air Contest) of the Activity / Contest consists of 20 (twenty) days and will commence on July 19, 2021 and will continue till August 7, 2021 (“Level-1 Contest / Activity Period”). Company reserves all rights to make amendments to the Level-I Activity Period and/or Terms and Conditions and/or such other terms and conditions stated herein, without giving prior notice to the Participants. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest / Activity on the Website from time to time. Company also reserves the right to (i) cancel and/or postpone the Activity without any prior intimation to the Participants or (ii) extend or curtail the Level-I Activity Period or suspend or abandon the same at any time, and the Participant shall have no objection to the same whatsoever, nor shall the Participant make any claims /disputes in respect of the same.
5. To participate in the Contest /Activity, all Eligible Participants shall be mandatorily required to do the following:
A. LEVEL-1 CONTEST
a. Four (4) questions, each having 2 answer options will be aired on the channel from 06:00 PM to 10:00 PM during the Level-1 Activity Period.
b. All eligible Participants who wish to participate in the Contest need to answer these questions by giving a missed call from their registered mobile number to the designated number shown against the answer options within thirty (30) minutes of the question being prompted.
c. The Participant can answer to a particular question only once during the above time period of thirty (30) minutes. On successful receipt of the missed call for a particular question, the Participant will receive an SMS acknowledging the same, containing the text “Thanks for participating in Missed Call E Jackpot. Keep watching Star Jalsha to know the list of the winners of the first round. (মিসড কলে জ্যাকপট কনটেস্টএ অংশগ্রহণ করার জন্য ধন্যবাদ. প্রথম রাউন্ডের উইনার-এর নাম জানতে চোখ রাখুন ষ্টার জলসার পর্দায়.). If any participant (after giving a successful missed call as above for a particular question) again trying to give a missed call to the same or a different answer option to the same question during the above time period of thirty (30) minutes, the same will not be accepted and he /she will receive an SMS containing the text “We are sorry, you have already given your answer to this question through missed call. Keep watching Star Jalsha to know the list of the winners of the first round (দুঃখিত, আপনি ইতিমধ্যেই এই প্রশ্নের উত্তরে মিসড কল দিয়েছেন. প্রথম রাউন্ডের উইনার-এর নাম জানতে চোখ রাখুন ষ্টার জলসার পর্দায়)
d. Out of all the persons who have given right answers for at least two (2) questions out of the four (4) questions, ten (10) participants will be randomly selected and shortlisted on each day during the Level-1 Contest Period for participating in the next Level (Level-2). If there are no sufficient number of participants who has given the correct answers for all the 4 questions of a day, then participants who have provided right answers to at least 3 questions (if it is still insufficient, those who have given correct answers to at least 2 questions) will also be considered for randomization process for shortlisting of participants for the next level.
e. All questions will be based on the Programs aired on Star Jalsha Channels and will have two (2) answer options.
f. The Company shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Shortlisted participants on the mobile/ phone number as shall be registered with STAR. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, the Company shall make maximum 1 (one) attempt to call the shortlisted Participant. In case any the Shortlisted participant is unavailable on all the attempts, the selection of that Participant shall be invalidated, and the Company shall at its sole discretion shortlist another Participant from amongst the Eligible Participant(s). STAR shall not be responsible if any of the shortlisted participant is not available on the mobile number provided by them and as a result of which, they loses their chance to participate in the Level-2 of the Contest and; such decision shall be final and binding.
B. LEVEL-2 CONTEST (GAME SHOW on DIGITAL PLATFORM)
Level-2 Contest will be conducted on Digital Platform (Zoom / Google Meet etc) only. Participants those who have facility to participate in the Contest on Digital Platform and shortlisted in Level-1 Contest only are eligible for participation in Level-2 Contest. Level-2 Contest will comprise of Two (2) rounds [ Round-1 Quiz on Star Jalsha Shows and Round-2 Spot the Jalsha Celebrities / Solve a Riddle]. The total Level-2 Contest Period will be ten (10) days and twenty (20) participants (shortlisted participants on two (2) consecutive days during the Level-1 Contest Period) will be participating per day during the Level-2 Contest Period.
a. There will be an Emcee who will anchor the game show. There will also be a Jalsha Protagonist present on the game show. There will be 2 rounds of game ie, Round-1 Quiz on Star Jalsha Shows and Round-2 Spot the Jalsha Celebrities / Solve a Riddle, on each day during the Level-2 Contest Period
b. A total number of ten (10) game shows will be played during the Level-2 Contest Period and the participant who is giving maximum right answers during the Game Show will be selected as the Winner. There will be one (1) Winner and 5 Runner Ups for every Game Show.
c. The Winners will get Gift Coupons worth Rs.20,000/- (Rupees Twenty Thousand only) and the Runner Ups will get Gift Coupons worth Rs.10,000/- (Rupees ten Thousand only) each as gratification.
d. The Participant(s) agrees that the footage of any nature with regard to the Participant(s)’s contributions / activities in the Games conducted in Level-2 Contest and any recording thereof shall exclusively 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. Accordingly, STAR may record any and all Games conducted at Level-2 of the Contest, edit, cut, translate, dub, package or alter the recording of the Games for uploading the same on their social media handles, provided however that STAR is under no obligation to do so.
B. GENERAL
a. Participants can make only one attempt from a registered mobile number during the level-1 Activity Period.
b. All questions will be based on the Programs aired on Star Jalsha Channels and will have two (2) answer options.
c. STAR shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Entry/ and the Participant(s) shall unconditionally co-operate to facilitate the same. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate Personal Information, as prescribed herein will be considered invalid, shall be considered null and void and will be disqualified from participating in the Contest /Activity.
d. At the end of Level-2 Activity Period, STAR will announce the Winners and Runner Ups of the Contest. These Winners shall be contacted by the Company on the mobile/ phone number through which Entry had been submitted, informing them that they have been selected as the Winners / Runner Up (as the case may be) of the Activity / Contest. The Winners / Runner Ups shall be required to submit to the Company, scanned copies of their age proof and address proof which shall be a valid passport copy, pan card copy, driver’s license, Aadhar Card etc (“Winner’s Documents”). The Winner’s shall be required to submit the Winner’s Documents to STAR within seven (07) days from the date of the telephonic communication received from the Company by the Winners / Runner Ups.
e. All the ten (10) winners and fifty (50) Runner Ups selected will get gift coupons as prize as mentioned herein above (“Gratification”)
6. The Participants shall not in any circumstances make any claims against STAR entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s) participation or non-participation in the Contest / Activity or any related activity. If the Participant is found to be ineligible, or if he / she has not complied with any of the Terms and Conditions the corresponding Entries will be disqualified.
7. The Participants shall at all times comply with all applicable laws.
8. By entering the Contest / Activity, each Participant(s) acknowledges and agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest / Activity (if any), notwithstanding the foregoing, under no circumstances will STAR and/or STAR entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
9. STAR reserves the right to disqualify any Participant(s) from participating in the Contest / Activity if her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by STAR from time to time. STAR reserves the absolute right and discretion to reject any “Entry” or any part thereof at any stage of the Contest / Activity. The decision of STAR in this regard shall be final and binding upon the Participant(s).
1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest / Activity the decision of STAR shall be final.
2. The Contest / Activity is strictly open to Participant(s) residing in West Bengal during the Period of the Contest / Activity and of the age of 18 (eighteen) years and above only. The Participant (s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Activity.
3. Proof of age and address, if requested, of the Participant(s) must be submitted to STAR (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate), PAN card, Aadhar Letter, Driver’s License etc, as may be required by STAR confirm the eligibility of the Participant(s). STAR also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) at any point in time during the Period.
4. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR in relation to the Contest / Activity.
5. Participant(s), hereby provides her consent for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy, and (ii) the following terms and conditions:
6. Each Participant(s) consent to the use of information submitted by the Participants, including the Entry for the purpose as set out in these Terms and Conditions.
a. The Participant has read, understood and accepted the Privacy Policy and understand and agree that the Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy.
b. The Personal Information may include information inter alia name, date of birth, address, age, gender, marital status, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition and sexual orientation, images, videos etc
c. The Personal Information is being collected by STAR pursuant to the Terms and Conditions, in connection with this Activity and it is necessary for STAR to collect the Personal Information for the Contest / Activity and the uses set out below in (d) below.
d. The Personal Information will be used for the Contest / Activity, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by STAR, in respect of the Contest / Activity on the channel(s) owned by STAR and/or their Social Media Pages including the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd or any other third parties.
e. The Personal Information will be shared by STAR with the Panel, Judges and the public at large, in connection with the Contest / Activity.
f. The Company has informed the Participant of their rights to: (i) review their Personal Information for deficiencies and inaccuracies and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify the Participant’s Entry to the Contest / Activity, as deemed fit and necessary by the Company at its sole discretion.
g. All Personal Information is true, correct and complete in all respects and in no event will the Company or the Panel/Judges be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information
7. STAR reserves the right to cancel and/or postpone the Contest / Activity without assigning any reasons and/or without giving any prior intimation to the Participant (s).
8. In case a Participant is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content, or Privacy Policy then STAR will disqualify the votes received from that Participant.
9. STAR shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to e-mail delivery, unclear network, disruption in the network and/or the internet /network costs charged by the telecom/mobile/network operator etc. Any dispute in connection to the above shall be settled between the subscribers, Participants and the telecom/mobile operator directly, without involving STAR.
10. In case of any telecom and /or network failure and /or technical failure /breakdown on the e-mail and /or technical failure in submitting the Entry(s) to the Contest / Activity and/or for any reasons whatsoever, STAR reserves the right to at its sole discretion to change the mechanism for submitting the Entry(s) and /or cease from accepting Entry(s) of the Participants in any manner it may deem fit and necessary. In such events, STAR shall be entitled to exercise the option of putting the Contest / Activity in abeyance, as it may deemed fit at its discretion. In addition STAR shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the mechanism for submitting the Entry(s)including without limitation system/failure of receiving Entries via Missed Call beyond the end time stated in these Terms and Conditions and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR .
11. Participant(s) shall not in any circumstances make any claims against STAR, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults in the network and /or connections or directly or indirectly due to, to their participation or non-participation in the Contest / Activity.
12. STAR shall not be responsible for any Entries submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
13. The Participant(s) of the Contest / Activity agrees that he/she shall make themself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity") of any nature whatsoever without any money payable to the Participant(s). Further, the Participant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Participant(s) agrees that the footage of any nature with regard to the Participant(s) from such Promotional Activity and any recording thereof shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and in any media whatsoever at any time throughout the world.
14. The Participant(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR into public disrepute or denigrate any of the preceding or offend any community or public morals and in all public appearances the Participant shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Contest / Activity.
15. By participating in the Contest / Activity, it shall be construed that the Participant(s) has waived her right to raise any dispute with regard to the Contest / Activity, and /or the Prize in any manner whatsoever to the extent permissible under law.
16. Each Participant in consideration of being given opportunity to participate in the Contest / Activity , agrees that the Participant shall hold harmless and indemnify the Channel, STAR, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Contest / Activity, the mechanism and/or any material submitted forming part of the Entry and/or any personal information submitted by the Participant and to the extent permissible under law waives all rights to file in person through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
17. STAR is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant(s) in any manner whatsoever, in relation to the Contest / Activity.
18. Each Participant in consideration of being given opportunity to participate in the Contest / Activity, agrees to hold harmless and indemnify STAR , its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by STAR in connection with any act of the Participant(s)/Participant(s) Entry and/or the Contest / Activity and/or Content including any third party rights claims with respect to the material submitted by the Participant(s).
19. Each Participant(s) hereby acknowledges and agrees that the relationship between the Participant and STAR and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
20. The Participant(s) acknowledge that in case the performance of this Contest / Activity cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then STAR shall be at liberty and upon their sole discretion to terminate any such participation of a Participant(s) forthwith and such decision shall be final and binding.
21. Participant(s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
22. Participant acknowledges that Participant’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
23. The Participant(s) shall comply with the laws of India.
24. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest / Activity shall be referred to a sole arbitrator appointed by STAR and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant who has raised the dispute.
25. Subject to the provision of 24 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.