MULGI ZHALI HO BARSA CEREMONY (Contest)

Terms & Conditions

These terms and conditions (‘ Terms & Conditions’) shall be binding on all participants
(each a ‘Participant’, Participant(s)’ or ‘You’) who voluntarily agrees to participate in the contest
titledMulgi Zhali Ho | Barsa Ceremony (‘Contest’) which will be hosted by Star India Private Limited (“Star India ”) for the purpose of promotion and viewer engagement of its channel ‘ Star Pravah’ (“Channel”) and its program “Mulgi Zhali Ho” (“ Program”). The Contest will be conducted on the Channel.

The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest 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 & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify You from participating in the Contest. The decision of Star India for all matters relating to the Contest shall be final and binding in all respects.

Star India reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on the Website (defined below), unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defence in any proceeding with regard to the Contest.

To participate in the Contest, the Participant may be required to disclose his/her personal information to Star India from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). Star India is committed to protecting the privacy and the confidentiality of the Personal Information received. Star India uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such information is dealt in the manner laid down in the Privacy Policy of Star India available at http://www.startv.com/legal-terms-policies/#contest-tandc (‘Website’).

Any information gathered through these Terms & Conditions shall be subject to our Privacy Policy which is available at our Website incorporated herein by reference. Your act of participating in the Contest shall be deemed to be Your absolute agreement to the Terms & Conditions, Terms of Use, Privacy Policy and User Generated Content of Star India as prescribed from time to time (hereinafter collectively referred to as “Terms & Conditions”). If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to agree to these General or Principal Rules (as stated herein below) or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Contest. The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same.

The Privacy Policy available at the Website shall govern all usage of any Personal Information and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information in relation to Your participation in the Contest gathered under or pursuant to this Contest by Star India (if any).

I. PRINCIPAL RULES

1. Star India shall announce the Contest via promos/aston on the Channel and other channels of Star India, Newspaper ads, Radio, Outdoor and digital platforms of the Channel (Facebook, Twitter and Instagram) or through any other medium of exploitation which shall be at the sole discretion of Star India.

2. The Contest shall be open for participation only on one day i.e on April 11, 2021 commencing from 06:00 Indian Standard Time (“IST”) and shall conclude at 20.00 IST on the same day (“Contest Period”) on the Channel. Star India reserves all rights to make amendments to the Contest Period or such other Terms & Conditions stated herein, from time to time without giving prior notice to the Participant(s).

3. It shall be the sole responsibility of the Participant(s) to check the Terms & Conditions of the Contest on the Channel and/or the Website from time to time. Star India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).

4. The Contest shall comprise of 1 (one) multi choice question, with regard to the Program (“Question”).

5. The interested Participants may at anytime during the Contest Period choose to answer the Question that trigger on the Channel during the Contest Period. It is clarified that the Question of the Contest triggered during the Contest Period shall be strictly based on the contents of the Program. For the purposes of this Terms & Conditions, the Question shall be displayed on the Channel during the telecast of the any of the programs telecasted on the Channel through promos and/or astons at the sole discretion of Star India, along with the mechanism for participating in the Contest. The lines will remain open only during the Contest Period .

6. To participate in the Contest and to be eligible for the Prize (as defined below), the interested Participant(s) shall be required to correctly answer the Question during the Contest Period, by sending SMS in the following format: to the mobile number 7039002888 (“Answer”).

· If the answer is A, the participant need to type A and send the message to 7039002888

· If the answer is B, the participant need to type B and send the message to 7039002888

· If the answer is C, the participant need to type C and send the message to 7039002888

· If the answer is D, the participant need to type D and send the message to 7039002888

7. It is clarified that the SMS should contain only the alphabets A (or) B (or) C (or) D against the Question and should not be any suffix or prefix inclu d ing any spaces or any other special character. The alphabets shall be only in capital letters.

8. If the Participant(s) provides an incorrect Answer to the Question, then the Participant(s) shall not be eligible for the Prize. Answer received by Star India after the Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by Star India. It is further clarified that SMS sent by the Participant to an incorrect number or without the requisite alphabets or the SMS sent after the Contest Period will be deemed invalid and entry of such Participant will be disqualified.

9. For purposes of this Contest, “receipt” of Answer(s) occurs when the mobile/network operator records the Answer information upon the Participant(s) sending the SMS and representative of Star India receives the message on the mobile number referred herein above. The Participant(s) shall not receive any acknowledgement message from Star India and/or the mobile/network operator upon sending the answer to Star India ... Providing the correct Answer for the Question during the Contest Period by the Participant(s) through SMS shall be considered as a complete and valid entry (“Entry”). For avoidance of doubt, by submitting the Entry and/or Answer the Participant(s) is representing that the Entry(s) and/or Answer or contents thereof are not confidential or comprise any sensitive Personal Information. It is clarified that each Participant shall be free to submit/provide Answer(s) innumerable times through SMS for the Question during the Contest Period and such submission of Answer(s) shall not make him/her from ineligible from participating in the Contest and shall not render his/her Entry invalid. However only the first valid Answer registered with Star India will be taken into consideration. Answer(s)/ Entrie(s) (i.e. SMS) received after the Contest Period for the Question shall be considered null and void.

10. This Contest is subject to the guidelines/directions issued by TRAI and any other statutory authority from time to time.

11. The Participant(s) who are subscribers of any mobile/network operator shall be able to participate in the Contest.

12. It is clarified that all costs incurred by the Participant(s) to participate in the Contest including but not limited to sending SMS shall be solely borne by the Participant(s) without any recourse to Star India. The rates shall be as per TRAI regulations and the Participants are required to check rates with their telecom operators.

13. In case of telecom network failure and/or any other reason, Star India reserves the right to change the mechanism or take such necessary steps as it may deem fit.

11. Upon the Participant(s) sending in their Answer/Entries to the Question, the mobile number from which the Participant(s) have answered the Question would get registered with respective network provider. It is understood by the Participant that to be eligible for the Prize he/she shall be required to submit his/her Entry/Answer for the Question from one specific mobile number only failing which he/she shall be considered ineligible to contest for the Prize.

12. It shall be deemed that the person in whose name the mobile number is registered (from which the SMS is sent) shall be construed to have sent the Answer/Entry(ies) for the Contest.

13. Star India and/or the Channel shall not be responsible for the cost of SMS charged by the respective network provider(s) and the same shall be borne by the Participant(s) alone.

14. Star India and/or the Channel reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason whatsoever. The decision of Star India and/or the Channel in this regard shall be binding upon the Participant(s).

15. Winner Selection and Gratification:

15.1 On the basis of the Participant(s) having made a valid Entry to the Question in the manner as stated hereinabove shall be shortlisted by Star India at its sole discretion and subsequently out of these shortlisted Participant(s), Star India shall by using the randomizer software, will select and declare 1 (one) winner (“Winner”) on or before April 30, 2021 or on any other date fixed & announced by Star India at its sole discretion.

15.2 The Winner shall be entitled for 10 grams gold coin of 22 karat (Value of the same would be approximately INR 49,885 (hereinafter collectively referred to as (“Prize”) and the Winner shall be declared on the Channel and/or Website and/or on the social media platforms of the Channel at Star India’s sole discretion.

15.3 Star India shall contact the Winner for informing him/her of the date/time at which the Prize may be personally handed-over to him/her at the Winner’s residence on or before 10th August via a prize distribution ceremony. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant(s) having made a valid Entry(s) to the Question triggered during the Contest Period shall be entitled to the Prize.

15.4 It is further clarified that save and except the Prize stated hereinabove, the articipant(s)/Winner shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

16. The Winner shall be contacted by Star India on the mobile number through which Entry had been submitted to Star India informing him/her that he/she has been selected as the Winner of the Contest. The Winner shall be required to submit to Star India scanned copies of their age proof and address proof which shall be a valid passport copy, pan card copy, driver’s license copy, aadhar card copy, last two months bill for the mobile number registered with Star India (from which the Participant has submitted his/her Entry in the Contest) (“Winner Documents”). The Winner shall be required to submit the Winner Documents to Star India within seven (07) days from the date of the telephonic communication received from Star India by the Winner. The Winner shall on the date of delivery of the Prize, provide the said Winner Documents in originals to Star India for verification.

17. Star India shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Winner on the mobile number as shall be registered with Star India. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, Star India shall make maximum 1 (one) attempt to call the Winner. In case any the Winner is unavailable on all the attempts, the selection of that Winner shall be invalidated and Star India shall at its sole discretion select another winner as the Winner from amongst the Participant(s) who have made valid Entry during the Contest Period. For the avoidance of doubt such choice of new Winner by Star India shall be final and binding. Star India shall not be responsible if any of the Winner is not available on the mobile number provided by him/her and as a result of which, the Winner loses his/her chance to the Prize and such decision shall be final and binding.

18. In the event the said Winner fails to adhere to the instructions of Star India and/or fails to submit all the requisite identification documents as more particularly mentioned herein, then his/her selection shall be invalidated and Star India shall not be liable to th at Winner. in any manner whatsoever

19. Star India and/or the Channel reserves the right to decide the Winners of the Contest at its sole discretion.

20. It is clarified hereby that Star India shall have a discretionary right to postpone/cancel/change the destination for delivery of Prize for any reasons whatsoever, including unavoidable circumstances, which may include but not limited to the COVID 19 pandemic. The Winner shall however during the delivery of the Prize adhere to the COVID 19 guidelines, imposed by Star India from time to time.

21. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner and the Winner cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person.

22. The taxes and/or levies applicable under the laws of India shall be borne by Star India in relation to the Prize.

23. The decision of Star India and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by Star India and/or the Channel.

24. By participating in the Contest, it shall be construed that the Winner has waived his/her right to raise any dispute in connection to the Contest and/or the selection procedure a and/or the Winner and/or the Prize.

25. The final selection of the Winner shall be made by Star India and shall be final and binding on all Participant(s)/Winner and in no event shall the Participant(s)/Winner dispute the decision made by Star India or its employees in connection to the Entry/Answer and/or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of Star India shall be final and binding.

26. The Participant(s)/Winner shall not in any circumstances make any claims against Star India entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death or bodily injury and or any losses caused due to any technical faults , directly or indirectly, to the Participant(s)/Winner participation or non-participation in the Contest or any related activity, to the extent permitted under law. If the Participant(s)/Winner is found to be ineligible, or if he or she has not complied with these Terms & Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.

27. The Participants/Winner shall at all times comply with the applicable laws, the Terms & Conditions on which this Contest is hosted.By entering the Contest, each Participant(s)/Winner acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize and/or awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any), notwithstanding the foregoing, under no circumstances will Star India and/or Star India 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.

28. Star India shall in no manner whatsoever be responsible for security of Participant’s/Winner’s Entry and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.

29. STAR INDIA reserves the right to disqualify any Participant(s)/Winner from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms & Conditions set out herein or as may be revised by STAR INDIA from time to time. Star India reserves the absolute right and discretion to reject any “Entry(s)/Answer(s)” or any part thereof at any stage of the Contest, including after declaring the Winner if Star India

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

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

30. The decision of Star India in this regard shall be final and binding upon the Participant(s)/ Winner. The Winner and /or Participant(s) shall not in any circumstances make any claims against Star India 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)/ Winner participation or non-participation in the Contest or any related activity. If the Participant/ Winners/ are found to be ineligible, or if he or she has not complied with any of these Terms and Conditions, the corresponding Entries will be disqualified.

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

32. Neither Star India and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and the Winner agrees not to hold Star India and/or the Channel and its employees, responsible with regards thereof.

33. By participating in the Contest, it is construed that the Participant(s)/Winner has read and understood these Principle Rules including the General Rules stated below and has agreed to abide by the same.

34. All and any incidental costs direct and/or indirect, in relation to participating in the Contest, shall be borne by the Participant(s) and in no manner whatsoever shall the Channel/Star India, be responsible for the same.

II. GENERAL RULES

1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, the decision of Star India shall be final.

2. The Participant(s) interested in participating in the Contest must be above the age of 18 (eighteen) years, citizen of India and a resident of Maharashtra only. The Participant(s) should not have been previously convicted of any criminal offense or must not be a party to an arrangement or a contract that prevents them from participating in the Contest.

3. The employees or consultants of the Star India and/or production house i.e Panorama Entertainment Private Limited, advertisers and/or of the sponsors and their employees; and members of their immediate family; persons other than Indian nationals, or Indian nationals living out of India, or those who do not qualify under the definition of resident of India as per the Income Tax Act, 1961, are ineligible to participate in the Contest

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

5. The Participant(s)/Winner represents and undertake to execute and produce such further documents as may be required by Star India in relation to the Contest.

6. Participant(s) agree, understand and acknowledge that there is no prize/gratification for merely sending Entry in the Contest.

7. Each Participant(s)/Winner consents to the use of information submitted by the Participant(s)/Winner including the Entry(s)/Answer(s) for the purpose as set out in these Terms & Conditions.

8. Star India reserves the right to cancel and/or postpone the Contest without assigning any reasons and/or without giving any prior intimation to the Participant(s).

9. In case a Participant(s)/Winner is found to be in non-conformance of the Terms & Conditions, Terms of Use, User Generated Content or Privacy Policy, then Star India will disqualify the Entry/Answer received from such Participant(s)/Winner.

10. The Terms & Conditions shall be advertised sufficiently across the Website to ensure that no Participant is misled and understands the entire participation process prior to participating in the Contest.

11. In case of any telecom and/or network failure, unclear network, disruption in the network, and/or technical failure in submitting and/or providing the Entry/Answer and/or for any reasons whatsoever, Star India reserves the right at its sole discretion to change the SMS mechanism for submitting the Entry/Answer and/or cease from accepting Entry/Answer of the Participant(s)/Winner during the Contest Period in any manner it deems fit and necessary. In addition Star India shall not be liable and/or responsible in any manner whatsoever in the event of any malfunction/fault/failure in the SMS mechanism for submitting the Entry/Answer including without limitation system failure in the mechanism of recording SMS due to any reason whatsoever including technical disruption/phone lines being open/a default in sending out the SMS alert to the Participant(s) upon sending the Entry/Answer/close or default/failure/any other difficulties of such nature due to which the Participant(s) is unable to participate or record his/her Entry/Answer/failure to logging on automatic acceptance of SMS stated in these Terms & Conditions and/or informed on the Program due to technical/technological restrictions and/or due to reasons/events/incidents beyond the commercially reasonable control of Star India.

12. With regard to SMS rates, the Participants are requested to check with their telecom operator for applicable circles any other applicable charges. In case any Participant desires to participate in the Contest while roaming in a different circle/zone/country, additional roaming rates may apply. Hence Participants are requested to contact their telecom operator for the applicable rates.

13. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against Star India, Channel, their employees, directors or its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind that may be suffered, including, without limitation due to any technical faults in the network and/or connections or directly or indirectly due to or relating to their participation or non-participation in the SMS mechanism. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms & Conditions, the corresponding Entry(s) will be disqualified.

14. The Winner must submit with Star India and/or the Channel a copy of the last two bills issued by the network operator as a proof that the mobile number is registered in the name of the Winner and in case of prepaid mobiles, the Winner must submit a declaration cum indemnity as prescribed by Star India and such other documents that could be furnished as proof that the mobile number is registered in the Winner name.

15. The Winner agrees to maintain complete confidentiality regarding their selection for the Prize and any matter relating thereto and shall not disclose any information pertaining to the Prize or the Contest which is disclosed to the Winner and which is not available to public in general, to any person or media etc. without the consent of Star. In case the Winner breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.

16. The Prize cannot be transferred, negotiated, refunded or exchanged for money by the Participant(s)/Winner. For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Prize will be recorded by Star India or will be incorporated in the Program or will find a mention in the Program and/or on the Channel.

17. Star India shall not be responsible to pay for any cost, expenses, taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, except as specified herein, and if applicable, Winner agrees that the same shall be solely borne by the Winner.

 

18. Star India shall not be responsible for any Entry(s)/Answer(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

19. Star India reserves the right to forfeit the Prize in the event it is found by Star India or it has a reason to believe that any information provided by the Winner including Personal Information is wrong, incorrect, fraudulent or misleading. Star India shall have the right to declare another Participant(s) (on a random basis on the criterion mentioned herein) as the Winner of the Contest, at its sole discretion and transfer the Prize to such person. Such decision of Star India shall be final and binding.

20. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or the benefit in connection thereto becomes ineffective, invalid or unavailable (e.g. cancellation/postponement of the Contest), Star India shall not be held responsible and/or liable for the same.

21. Star India makes no representation and/or warranty regarding the Prize other than those given in these Terms & Conditions and hereby expressly disclaims all other warranties, expressed or implied.

22. The Winner shall be solely responsible to avail the Prize at the time of delivery. The Winner agrees that he/she shall not hold Star and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize and/or damage during transit or any problem in connection to the Prize.

23. The Winner specifically agree and undertakes on behalf of himself/herself and his/her respective family members that he/she shall unconditionally make himself/herself and his/her family members accompanying him/her to watch the designated Prize distribution to be held at the venue and also available from time to time and co-operate with Star India and participate in any activity and/or campaign of any nature whatsoever ("Promotional Activity") without any consideration whatsoever payable to the Winner for the same. The Winner on behalf of himself/herself and his/her respective family members allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), his/her and/or his/her family member’s appearances, participation, performance, acts, any interaction of the Winner and/or his/her family members within themselves and/or with any celebrities, media or any third party or any representative of Star India or any related series of sound recordings and video recordings which have been shot during the designated match at the venue and/or as part of the Promotional Activity. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity on film, tape or digital or other electronic media and includes for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner from such Promotional Activity and any recording of any personal questions or conversations relating to the personal lives of the Winner and/or his/her family members (“Footage”) and agree that the Footage may be used by Star India as it deems fit anywhere in the world at any time now or in the future. The Winner agrees and acknowledges on behalf of himself and his/her family members that all thereof shall vest with STAR INDIA, including but not limited to all intellectual property rights in the Footage vests exclusively with Star India worldwide and in perpetuity and Star India is entitled to STAR INDIA exploit the same in any manner it may deem fit across any media or platform whether existing now or which may come into existence into the future. The Winner further agrees and undertakes to execute on his/her behalf as well as on behalf of his/her family members necessary documentary as may be required by Star India in respect of the exploitation and use of such footages and in any media whatsoever at any time throughout the world.

24. The Participant(s)/Winner) shall not do any act either directly or indirectly during such Promotional Activity which may bring Star India into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s)/Winner shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to promotion of the Program.

25. Star India shall not be responsible if the Winner) is not available at the telephone numbers, provided by them and as a result of which, the Winner loses his/her chance to the Prize and such decision of Star India shall be final and binding.

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

27. For the sake of clarity, if the Winner refuses to accept the Prize awarded upon physical delivery of the same, Star India shall be released from all obligations towards the Winner in connection to the Prize won by the Winner. Further, after forfeiting the Prize, Star India shall be entitled to select and declare another Winner (on a random basis on the criterion mentioned herein), as it deems fit, and award the Prize, to that Winner and such decision of Star India shall be final and binding.

28. Further, Star India shall not be responsible or liable for any technical disruption and/or failure and/or any other difficulties of such nature, due to which the Winner is not reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which Star India is unable to intimate the Winner.

29. Neither Star nor its employees have given a guarantee regarding the quality of the Prize and the Winner agree not to hold Star and/or the Channel and its employees, responsible with regards thereof. It is clarified that Star and/or Channel shall not be responsible for the brand, quality, value etc. in connection to the Prize and the supplier/manufacturer shall be solely responsible for the same.

30. Star India will not be responsible nor shall be held liable for defect in the Prize, if any and/or to supply any purchase receipt of the Prize or any other document in relation to the Prize. The Winner agrees that he/she shall not hold Star India and/or the Channel and/or their employees, responsible for delays or any problems in connection to the Prize. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, STAR INDIA, or any of its channels, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/losses/death/mental or emotional trauma suffered by the Participant(s)/Winner, in any manner whatsoever in connection with the Contest, the SMS mechanism and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry/Answer and/or any Personal Information submitted by the Participant(s)/Winner) 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.

31. Star India 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)/Winner) in any manner whatsoever, in relation to the Contest.

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

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

34. The Participant(s)/Winner) acknowledges that in case the performance of this Contest and/or availing the Prize 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 & Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then Star India shall be at liberty and upon their sole discretion to terminate any such Prize and/or participation of a Participant(s)/Winner) forthwith and such decision shall be final and binding.

35. Participant(s)/Winner acknowledges that in case any portion/clause of these Terms & 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 these Terms & Conditions, and the remainder of these Terms & Conditions shall be valid and binding and of like effect as though such provision was not included herein.

36. Participant/Winner acknowledges that Participant’s/Winner’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 & Conditions.

37. The Participant(s)/Winner) shall at all times comply with the laws of India.

38. The Terms & 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 SMS and/or Prize and/or the Contest shall be referred to a sole arbitrator appointed by Star India 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(s)/Winner who has raised the dispute.

39. Subject to the provision of 38 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 reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

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