PRAVAH PICTURE PURASKAR- 2022

PRAVAH PICTURE PURASKAR- 2022

 

Please read the following Terms and Conditions before participating in the Call for Entry process  conducted by Star India Private Limited and/or the Production House (defined below). By voluntarily participating, You agree to be bound by these Terms and Conditions and represent that you satisfy all of the eligibility requirements set out herein below. 

The following terms and conditions (“Terms and Conditions”) available on https://www.startv.com/legal-terms-policies shall  govern the entire process for Call for Entry (as defined below) as detailed herein for  participation and submission of Entry (as defined below) n the Marathi film awards event and/or its televised version  tentatively titled “Pravah Picture Puraskar- 2022” (hereinafter collectively referred to as the “Program”) and shall be binding on each participant (“Participant”, “Contestant”, “Your” and/or “You”) residing in India (hereinafter referred to as “Territory”) who voluntarily participate in the Call for Entry hosted by Star India Private Limited (“SIPL/Company/ Star India”) and/or Production House (as defined below) for the purpose of participating and being shortlisted and selected as nominees  and /or Participants in the Program to be tentatively  held on ground on September 16,2022at Kalidas Natyagruha, Mulund , Mumbai  and aired on, inter alia, on “Pravah Picture” and/or any of the Company’s network channels and/or any other channel and /or any  digital  platform owned and operated  by the Company  and /or its affiliates as deemed fit by Company  (hereinafter collectively referred to as “Channel”).  

The 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/#ctc . By proceeding further You are representing to the Company and/or Production House that Your participation in the Call for Entry is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law. 

These Terms and Conditions shall be irrevocably binding on each Participant, voluntarily participating in the Call for Entry. SIPL will have access to and collect information and data shared by the Participant and /or  Nominees including Participant’ and /or  Nominees s personal information for the purposes of the Call for Entry and/or Program. By participating in the Call for Entry, the Participant and /or  Nominees hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by SIPL, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdp (collectively the “Privacy Policy”).  

By participating in the Call for Entry, it is deemed that the Participant has read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Participant’s act of voluntarily participating in the Call for Entry in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of SIPL as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If the Participant does not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify the Participant’s participation in the Call for Entry. The Call for Entry shall be governed by the Terms and Conditions stated herein below and all the Participant(s) herein unconditionally accept and agree to comply with and abide by the same.

 

DEFINITIONS 

“Call for Entries/Call for Entry” means different levels comprising of Level 1and Level 2 of the selection, review & shortlisting process as detailed hereunder and /or any additional levels as may be incorporated thereinafter by the Company in the process of the selection , reviewing the Entry(s) as per the parameters set out herein , shortlisting the nominations / nominees under different categories, at level 2 hereunder   at any point of time at its discretion, to be conducted inter alia in the manner as set out hereunder, which the Participant(s) is required to qualify for further Levels, if any and qualify for participating in the Program. 

“Call for Entry Period” shall mean period commencing from [17th  August,2022] and ending on [19th August,2022]. 

“Entry” shall mean logging onto the Platform,registering through a valid mobile phone number , mandatorily downloading , uploading and submitting the Entry Form  in PDF format along  with the CBFC certificate of the Film  and /or  an official letter  on the letter head of film distributors, certifying the theatrical  release of the Film  during the Eligibility Period ( applicable in  cases where the Film  has been certified by CBFC earlier but released theatrically or an OTT or any digital platform during the Eligibility Period)  and  furnishing the Personal Information in the mode and manner as prescribed herein, shall be considered as a complete and valid entry “Entry” or “Entries”. 

“Entry Form” shall mean the registration form  issued, uploaded  and made available  by SIPL on the Website  which the Participants need to mandatorily need to download , to fill up with all details pertaining to their respective Entry  and /or the Film under the multiple categories mentioned therein  and upload& submit the Entry Form in PDF format along with the CBFC certificate for the Film and /oran official letter  on the letter head of film distributors, certifying the theatrical  release of the Film  during the Eligibility Period ( applicable in  cases where the Film  has been certified by CBFC earlier but released theatrically or an OTT or any digital platform during the Eligibility Period), in the manner and format as prescribed on the Website . SIPL reserves the right to modify , alter  form and manner& contents  of the Entry Form in any manner it may deem fit at its discretion . For avoidance of doubt it is clarified that for the purposes of the Call For Entry , the Entry Form shall  be limited to 1 (one) Film only and shall collectively mean the registration form required to be downloaded , uploaded and submitted  along with the CBFC certificate for the Film and /or or a film release press add in the manner and format as prescribed on the Website  

“Film(s)” shall mean  any and all full length Marathi feature film , in Marathi language only with a minimum  duration of 60 minutes (i)which  have been duly censored by Central Board of Film Certification( CBFC )and issued a valid CBFC certificate during the period of  August 1, 2021 to July 31,2022  and (ii) censored earlier but released theatrically  and /or through OTT / Digital platform during the period of  August 1, 2021 to July 31,2022.  It  is clarified that for the purpose of this Call For Entry it is not mandatory  that these Films are theatrically released and that it shall include Films that are directly released on any  digital / OTT Platform   and /or released / premiered in any film festival across India .  For avoidance of doubt it is clarified that Films shall exclude  non-feature films like dubbed, animation films, short films, telefilms, documentaries, etc. 

“Jury” shall mean a panel of five members or such other number determined by Company, comprising  of  senior actors, technicians and film critics from Marathi film industry who have witnessed its evolution from close quarters and selected mutually by  the Company and /or the Production House . Company reserves full control on the constitution and selection of members of the Jury and is free and entitled to change and /or replace the Jury and .or any of its members at any point of time without any claims/ objections from any third  party . The decision of the Company with regard to the composition of the Jury shall be final and binding on the Participant(s). Neither the Participant(s) nor  any third party  shall 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. 

“Participants” mean ,  include and be limited to only  interested  producers_of Films who  submit the Entry Form and enters Call for Entry and  submit their Entry  in accordance with the terms detailed below. 

“Production House” means “Frames Production Company Private Limited” or such other entity as nominated/appointed by Company. 

 

ELIGIBILITY CRITERIA: Film eligibility criteria for the Program: 

a)    All Films The Film  shall be censored by CBFC and released  between the period commencing from 1st August 2021 to 31st July 2022 (“Eligibility   Period”) including Films which have not released theatrically  in the Censored  Period but released directly on digital / OTT platforms and /or film festivals across India  during the Eligibility   Period.

b)    The Film shall have been certified by the CBFC earlier than the Eligibility Period but released theatrically and /or directly on OTT  and /or   OR any digital platform  and /or directly in any film festivals across India between the Eligibility   Period.

c)      For avoidance of doubt Film shall not include non-feature films like dubbed, animation films, short films, telefilms, documentaries, etc.

d)    Entry  has to be submitted  by the Participant only and no other person  

 

PROCEDURE TO REGISTER 

To register and to participate in the Call for Entry, the Participants shall: 

a)    have to login to pravahpicturepuraskar.startv.com”(“Website/ Platform ”) at his/her sole discretion to register for the participation in the Call for Entry by submitting / furnishing his/her valid Indian Mobile Number. It is clarified that for the purpose of registering and participating in the Call for Entry it is mandatory that the valid Indian mobile number submitted by the Participant should be registered in his/her name only, failure to comply with this prerequisite will automatically cause such Participant’s registration / Entry to be invalid. By registering for participation/submitting Call for Entry, you represent and warrant that you are the owner/producer of the Film and have the full right, authority and permission to submit the Call for Entry. 

b)    Once the mobile phone number is registered in the manner as stated therein, an OTP (One Time Password) will be sent to the registered mobile phone number submitted by the Participant(s). The Participant(s) will be required to mention the OTP received on their registered Mobile Number within the permitted time as mentioned therein on the Website, post which, the Participant(s) will be able to proceed further with the registration process. In the event the Participant fails to verify/authenticate the validity of his/her mobile no or validate the OTP during such mobile verification by the Company, the mobile no. shared by the Participant is found to be false and/or unauthenticated and /or fabricated and/or the said mobile no. not registered in the Participant’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.

c)    Upon entering into the Website, the Entry Form shall be displayed on the Website and the same is required to be  downloaded , filled by the Participant(s)  with  all the relevant and necessary details as stated and enumerated therein . The Participant shall thereinafter be required to  upload and submit the duly filled Entry Form  in PDF format along with the Censor Board certificate of the Film  and /or  an official letter  on the letter head of film distributors, certifying the theatrical  release of the Film  during the Eligibility Period ( applicable in  cases where the Film  has been certified by CBFC earlier but released theatrically or an OTT or any digital platform during the Eligibility Period).)  and link for the Film in accordance with the requirements and criteria as laid down for the Call for Entry herein. The Participant(s) shall submit the following details of the Film in respect  of which he / she is submitting the Entry  including but not limited to feature film title, production company’s name, producer’s name, address, mobile number, email, duration of Film (in minutes) (as mentioned on the censor certificate) alongwith the copy of original censor certificate, details regarding the Film including but not limited to following details: director, story writer, screenplay writer, dialogue writer, director of photography, editor, VFX supervisor, sound designer, art director, choreographer, costume designer, make-up artist, action director, casting director, BG music director, details of song including name of song, music director, lyricist, male and female singer, details of cast list including male lead actor, female lead actor, supporting actor (male), supporting actor (female), child artist, comedy (male/female), villain, etc. (“Film Information”) in a manner and form, as requested and /or prescribed  in the Entry Form. For avoidance of doubt, for the purposes of participating in the Call for Entry during the Call for Entry Period set out hereinabove, registering through a valid mobile phone number vide the medium of the Platform is mandatory for all interested Participants.

d)    Participant(s) participating in the Call for Entry may register on the Platform only once for a particular Film. Accordingly, the Film Information required by the Company may only pertain to the Film that the Participant is registering. It is further clarified that if the Participant has already registered and submitted Entries (as defined below) and /or submitted link of the Film on the Website multiple times for the same Film, then only the first Entry for that particular Film shall be considered and all subsequent Entries shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Call for Entry.

e)    After making a valid Entry, each Participant will be provided a unique registration code, which shall be noted down by the Participant(s) and shall produce the same at all times while the Call for Entry, for any reference (“Registration Number”).  Once the interested Participant have completed filling details of Film Information and uploading and submitting the Entry Form in the manner and format as mentioned herein ,)  ,  he/she shall click the checkbox ‘I Accept Terms & Conditions’ (or any other similar wording) in order to accept the Terms and Conditions.For the sake of clarity, it is clarified that there is a common checkbox to accept each of these terms. 

The selection and shortlisting process for the Call for Entry shall be conducted as detailed below for each Level of the Call for Entry. For the sake of clarity, Participant cannot enter the Call for Entry without undergoing the process at each Level: 

 

A.    Level 1: First Round of Screening 

i.    Subject to the Participant(s) having made a valid Entry, Entry Form  uploaded and submitted in the manner and fulfilling the criteria set out on the Website shall be reviewed and evaluated by the Jury . 

ii.    The Production House shall at its sole discretion  communicate directly with Participants who have qualified for Level 1 vide email / telephone / mobile call to the email id or contact number that has been provided by the Participant at the time of submitting the Entry / Entry Form for availing any additional information and/or to verify any details as provided in relation to Entry Form and/or the Entry and the Participant(s) shall unconditionally & promptly facilitate the same  .

iii.    In furtherance to the same, post receiving such communication from the Production House, the Participant shall submit (a) details of the  third party OTT platform and /or digital platform  wherein the Film is already  available for viewing or (b), a secured and encrypted Vimeo linkwith a restricted password to  view the Film forming part of the Participant’s Entry / Entry Form , duly watermarked – “For Preview only” without payment of any fees/ monies to such third party OTT / Digital / any kind of platform whatsoever .  . The Participant by submitting details and /or  link to third party owned OTT / digital platforms and /or any platforms for freely accessing the Film for limited purposes of viewing , agrees and undertakes to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of  such and acknowledge that such platforms reserve the sole and exclusive right to make amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same and abiding by the same without any recourse to SIPL for any reason whatsoever. The Participant hereby agrees that any dispute arising between the Participant and any of  such third party platforms shall be resolved directly between such parties without any reference or recourse to SIPL. The Participant will be solely responsible for complying with the terms stipulated by such platforms  and shall not at any time hold SIPL responsible by reason of any restrictive terms imposed by such platforms and/or on account of the Participant’s failure to comply with the terms imposed by the platforms and /or  any content / copyright violations  and/ or content security related breaches arising  from the Participant  sharing link of such third party owned platforms to view the Film .The Entries  and the Film shall be  viewed , reviewed ,evaluated and shortlisted by the  Jury  on the overall basis of (i) craft (director’s vision and treatments; storytelling and structuring; cinematography; production design & technical qualities; music and acting performances)& (ii) impact (engagement and entertainment value)or any such other criteria determined by the Company/Production House at its sole discretion. The Jury  shall have the sole authority to judge and rate the Entries and / Films  basis the aforementioned parameters   and their decision shall be final and binding on all Participants. Based on the evaluations of the Film (s) by the Jury, the top-rated Entries  shall be shortlisted for Level 2 of  Call for Entry. 

 

B.     Level 2: Second and Final Round of Screening

 

a)    The Film(s) shortlisted for Level 2 will be screened on a preview theater screen by all the Jury members together. In this level the Jury members will have a detailed discussion amongst them after each viewing session though the marking will be individual for every nomination category. The nomination category shall be determined by Star at its sole discretion. The judging and/or scoring will be done basis criteria / parameters as  may be determined by Company/Jury from time to time. 

b)    For the purposes of this Level 2 and viewing of the Films belonging to the Shortlisted Entries ,the Participant shall provide to the Production House  within timelines as specified by Production House from time to time ,the Film  content in DCP format (with KDM if required)- final CBFC censor copy with minimum 2K resolution for preview free of any cost to  the Production House and /or Company. Participant’s representative will bring the DCP hardware and be present through the preview to ensure that the Film related content is  secured and safeguarded. 

c)    Nominations and Final Results: After previewing all the Films shortlisted at Level 2, the Jury members will sit together and discuss and debate over the selections and make their evaluations basis the criteria and parameters as  mutually finlaised by the Company and  Jury . Basis these evaluations ,  Jury  will  shortlist and finalize the final list of nominations and /or winners  across various categories as mentioned  in the Entry Form  in the form determined by the Company, at its sole discretion. This list will be audited and then released by the organizers.. The decisions regarding  nominations and /or winners will be solely taken by Jury and will be final and binding on all Participants. 

d)    The Company reserves the right to introduce & institute new categories of awards  and /or declare special awards across any area of film making  and declare winners in such categories in any manner as deemed fit by the Company at their sole discretion. Such decision of the Company shall be final and binding upon all the Participant, at all times  

e)    Final awards, ie for winners across  all categories  will be declared during an award ceremony, organized on September 16,2022at Kalidas Natyagruha, Mulund , Mumbai and telecasted on ‘Pravah Picture’ 

 

GENERAL RULES: 

 

1.    The Call for Entry is strictly open to Participant(s) fulfilling the Eligibility Criteria, as mentioned herein  during the Call for Entry Period, as per the respective applicable laws of India. 

2.    Employees of the Company, of the Production House, the advertising agency or any other agency or third-party vendor which has been appointed from time to time, and also employees of the main sponsors; Participant(s) not conversant in spoken Marathi; are ineligible to participate in the Call for Entry. Further, failure to provide proof or affidavit of eligibility, including the correct date of certification and release of the Film 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 the Participant(s) in case 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 the Participant(s).

 3.    In the event the Participant and/or the Film is found to be in violation of any applicable laws at any point of time during the Call for Entry, the Company reserves the right to disqualify the Participant immediately and its entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Call for Entry. It is the onus of the Participant to ensure that Film is as per the applicable laws. In case it is found to be otherwise by the Company and/or Production House, then immediately such Participant shall be disqualified. 

4.    Participant represent to the Company and/or Production House that the Participant is free and competent to enter the Call for Entry; the sole, absolute, unencumbered legal and beneficial owner of the Film, 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 honoring any of the Terms and Conditions stated herein. The Company and/or the Production House, shall have the sole right to disqualify any Participant from further participating in the Call for Entry and such decision will be final and binding on the Participant and for any other person. 

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

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

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

iii.    The Film Information will be used for the Call for Entry/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 Call for Entry/Program on the channel(s) owned by the Company and/or the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd or such other platforms at the sole discretion of the Company and/or the Production House.

iv.    The Film Information will be shared by the Company with the Production House, the Jury, and the public at large, in connection with the Program.

v.    The Production House will be collecting and retaining the Film Information on behalf of the Company.

vi.    All Film Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Jury be liable either of the authenticity of the Film Information or any inaccuracies or deficiencies in the Film Information.

 6.    The Participant shall be responsible for obtaining all the necessary permissions and/or approvals in writing from any government authority on respective letter heads, for the Participant’s participation in the Call for Entry/Program.

 7.    The Participant shall not make any claims against SIPL and/or the Production House, 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 Call for Entry or any related activity including any unauthorized access of the videos, etc. If the Participant is found to be ineligible, or if the Participant has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entry will be disqualified.

 8.    SIPL and/or Production House 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 and/or the Production House 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/ 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 “Submit/Post” button. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

 9.    The Company and/or the Production House 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 the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Call for Entry/selection process. The Participant(s) shall hold harmless the Channel, Company, Production House, 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 (s), in any manner whatsoever in connection with the Program and/or any aspect of the Call for Entry and waives all rights to file in person and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

10.    The Company reserves all rights to make amendments to the Call for Entry Period, Levels of Call for Entry or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant to check the Terms and Conditions for the Call for Entry on the Website and /or the Platforms from time to time. SIPL reserves the right to evade any Level and also reserves the right to cancel and/or postpone the Call for Entry and/Program at any point of time without any prior intimation to the Participant.

 11.    The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Call for Entry/ Program. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Call for Entry and/or Program. The Participant by entering into the Call for Entry represents and confirms that the Participant is 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 (viz.: heart problem, blood pressure problem, etc.).

12.    The Participant(s) will be required to furnish necessary supporting documentation in original (i.e., certificate, etc.) and/or any other documentary proof as may be required by the Company and/or Production House to confirm the eligibility of the Participant(s) at any stage of the Call for Entry. The Participant (s) 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 Channel and/or SIPL and/or Production House in its sole and absolute discretion.

13.    The Company also reserves the right to change the selection process of the Call for Entry(ies) 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 Call for Entry, without any prior intimation to the Participant and/or the public.

 14.    Participant must enter the Call for Entry voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.

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

 16.    In case for whatever reason any Participant is not agreeable to travel, stay, etc. in accordance with the term of these terms & conditions, the Company and/or the Production House will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

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

 18.    The Participant(s) shall not during the Call for Entry/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.

 19.    The Participant(s), shall not grant or publish any interviews, or share any information /details 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 Call for Entry or the Program or the names and identity of the selected Jury 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. The Participant 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 and/or Production House.

 20.    The Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or the Program and/or Production House into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) 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 Call for Entry/Program.

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

 22.    If the operation of the Call for Entry/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Program is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or the current Covid 19 Pandemic or any act beyond the reasonable control of the Company or any guidelines set up by the Maharashtra State Government for shooting during the current Covid 19 Pandemic (“Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Programs/ Call for Entry and/or participation of a Participant(s) forthwith and such decision shall be final and binding on the Participants.

 23.    Notwithstanding a Participant's participation in the Program/ Call for Entry, there is no obligation on part of the Company to (a) broadcast any Program/ Call for Entry in which he/she/it has taken part, or any or all of his / her/its contribution as recorded by the Company; and (b) complete the Call for Entry. Participant agrees and acknowledges that Company reserves the right to cancel, abandon and/or postpone the Call for Entry/Program at any time, for any reason whatsoever, without any liability to the Participant and/or cast/crew of the Film(s). 

24.    Notwithstanding anything contained to the contrary, the Participant agrees and acknowledges that Company shall have complete control over all aspects of the Call for Entry and/or Program and Company’s control over the Call for Entry/Program includes sole and final creative control over all aspects of the Call for Entry/Program (as the case may be).

25.    Participant (s)  agrees and undertakes to provide to the Company and /or Production House   from time to time as per their requirement , clips  and /or audio -video footage  and /or sound recordings  and /or stills and /or posters of the Film  forming part of the Entry submitted by them . Participant unconditionally acknowledges that such  clips  and /or audio -video footage  and /or sound recordings  and /or stills and /or posters of the Film 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. 

26.    The Participant hereby grants to the Company license to make the Film and/or any part thereof available: (a) for the purpose of screening, judging, etc. in relation to Call for Entry and/or Program and; (b) for utilization of clips, trailers, promos, etc. of the Film for incorporation in the Program and/or any promotional materials with respect to the Call for Entry/Program; (c) for any other purposes as the Company may deem fit for the purpose of Call for Entry and/or Program.

 27.    The Participant agrees and acknowledges that the Channel /SIPL shall have the sole and exclusive right to edit, alter, modify and or use any Footage in respect of their Entry uploaded on the Platform or any such Footages 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/Call for Entry or any ancillary event related to the Program/Call for Entry).

 28.    The Participant shall make themselves available from time to time and co-operate with the Channel and/or SIPL and/or Production House and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Call for Entry without any money payable/ any consideration to the Participant. Further, the Participant shall at no point of time refuse or disagree for participation in any such Promotional Activity for any reason whatsoever.

 29.    Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the cast, crew, etc. of the Film (‘Likeness’) to appear on and be used in connection with the promotion of the Program for all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. SIPL 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 SIPL or the Channel without notice to the Participant and without any further compensation to the Participant.

 30.    The Participant (s) agree that in consideration of being given opportunity to the Participant to participate in the Call for Entry, they shall hold harmless the main sponsor (if any), Channel, SIPL, Production House, its employees, officers, directors, affiliates, group companies 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 Call for Entry and /or any aspect related to their participation in the Call for Entry and to the extent permissible under law waives all rights to file in person 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 SIPL to claim any damages or reliefs or otherwise.

 31.    The Participant agree to keep SIPL, the Channel, Production House, its 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 any third party rights/material in with respect to the Exploitation of the Entry including the Film(s), by SIPL and /or any of its affiliate companies and/or channels.

 32.    The Participant, agrees that SIPL and/or Production House shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Call for Entry including but not limited to travelling anywhere and anytime and undertake the performances required for the Program. The Participant acknowledges and understands that the participation in the Call for Entry is at their own risk. SIPL and/or the Production House shall not be responsible for the Participant’s safety during the Call for Entry, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) acknowledge and understand that the participation of the Participant in the Call for Entry/Program is at his/her own risk. 

 33.    Certain information relating to the Production House, SIPL, the Program, Channel, will be disclosed to the Participant(s) by the Production House and/or SIPL 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”). Participant(s) agree that Confidential Information whether disclosed orally or in writing, is the property of Production House/SIPL, as the case may be, and is valuable, special and unique to the business of Production House/SIPL, as the case may be. Participant(s) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Call for Entry.

 34.    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.

 35.    The Participant 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.

 36.    Participant(s) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

 37.    The participation of the Participant the in the Call for Entry shall mean that the Participant (s) has read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Call for Entry, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.

 38.    Notwithstanding the conflict of laws principle, these 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 Call for Entry and/or the Program, shall be referred to a sole arbitrator appointed by SIPL 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 the the Participant(s) who has raised the dispute.

 39.    Subject to the provision of 38 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. The Participant(s) agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

 

Id: 10615