Rannabanna
TERMS AND CONDITIONS
Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited. By voluntarily participating, you agree to be bound by these Terms and Conditions.
The following terms and conditions (“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the cookery program tentatively titled “Rannabanna” (“Program”) and shall be binding on each Participant (defined below), residing in West Bengal, (hereinafter referred to as “Territory who voluntarily desire to participate in the Auditions hosted by Star India Private Limited (“STAR/Company”) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and /or its network of channels and/or any other channel as deemed fit by STAR (hereinafter collectively referred to as “Channel”).
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/#contest-tandc (“Website/ Platform”). By proceeding further You are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable to 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(s) voluntarily participating in the Auditions. The Privacy Policy shall govern all usage of any Personal Information (defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by STAR under or pursuant to the Auditions and in relation to your Participation in the same. Your act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be your absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If You do not agree to be bound by or cannot comply with any of the Terms and Conditions, please do not continue. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein to unconditionally accept and agree to comply with and abide by the same.
DEFINITIONS
“Digital Auditions” means Level 1, Level 2 and any different levels (as introduced by the Company at its sole discretion) of the selection process of the Auditions as detailed herein, to be conducted inter alia either telephonically or via video conference using any social media platform including but not limited to Google Duo, Whatsapp video etc, (“Video Conference”) or at the Audition Center(s) in the manner as set out hereunder during the Digital Auditions Period (defined below), which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.
“Digital Auditions Period” shall mean the period commencing from June 15 th , 2020 and concluding on Dec 30th, 2020 (both dates inclusive) for participation in the Digital Auditions.
“On Ground Audition(s)” means different levels comprising of Level 3 of the selection process of the Auditions as detailed hereunder, to be conducted / determined at the option and discretion by the Company at its sole discretion inter alia at the Audition Center(s) during the On-ground Auditions Period, which the Participant(s) is required to qualify to participate in further Levels (if applicable) and for participating in the Program.
“Audition(s)” shall mean and comprise of both the Digital Auditions and the On Ground Auditions held at the Audition Centre collectively to be conducted inter alia in the mode and manner as detailed and set out hereunder during the Audition Period, which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.
“On-Ground Audition Period” in respect of auditions at Level 3 shall mean the period stipulated and /or updated by the Company at its discretion and communicated by the Company from time to time to the Participant(s) in any manner as deemed fit by the Company .
“Audition Centre” shall mean (i) any tentative locations in the city of Kolkata where at the discretion of the Company, the Participants shortlisted at Level 1&2 need to make themselves available for Level 3 of the Auditions, as per the selection procedure.
“Audition Period” shall collectively mean the Digital Auditions Period and the On-Ground Audition Period.
“Company” means STAR India Private Limited, the owner and rightsholder of the Program and the entity hosting the Program.
“Contestant(s)/Participant(s)": Means any natural person(s) who is (i) at least 18 (eighteen) years of age and less than 60 (sixty) years of age as on June 1, 2020, (ii) a citizen of India and (iii) resident of West Bengal and who voluntarily enters the Auditions.
“Exploitation/Exploit” shall mean the exploitation of the Materials, Footage including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.
“Level(s)” shall mean collectively levels 1, 2, 3 and any additional levels of selection as introduced by the Company at its discretion ,. The term “Level” shall be construed accordingly to refer to anyone (1) particular level of the Auditions as signified by the corresponding number.
“Materials” shall mean and include Entries, and including any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Contestants during the course of Auditions and/or Program and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions and/or Program.
“Program” means a cookery based reality show in Bengali language which is tentatively titled “Rannabanna”
“Production House” means Windows Productions Pvt Ltd
“Show(s)” means each episode(s) of the Program including any Special Show(s).
“Show Player(s)” means the selected Participant(s) who are selected through the process of the Audition to participate in the Program.
“Special Show(s)” means any episode/s of the Program recorded with the Participant(s) who belong to a category other than that specified hereunder, which may include celebrities or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition.
“Studio” means any location deemed fit by the Company for filming of the Program.
PRINCIPAL RULES
1. The Digital Auditions are an integral part of the Program. The Digital Auditions will be conducted during the Digital Auditions Period, during which the Participants shall have to send in their Entries (as defined below) to the designated the email id – rannabanna@startv.com (“Designated Email ID”) through any device including but not limited to laptops, desktops, mobile phones, handheld devices, communication devices and tablets.
2. Procedure to Register :
Sharing Personal Information –
i. To register and to participate in the Digital Auditions, the interested Participant (s) shall submit a detailed recipe (in words) of a dish of their choice (vegetarian and/or non-vegetarian) including details of the process of preparation, list of ingredients required and measurements thereof (“Recipe(s)”) to the Designated Email ID along with the following personal details including but not limited to full name, gender, age, a photograph of the Participant,final dish based on the Recipe email ID, contact number(s), the name of their country/state/city where they reside, and/or any other information/documentation as sought by the Company, at its discretion during the Audition Period (“Personal Information”) in a manner and form, as requested and /or prescribed on the Website/Platform.
ii. Once the Participant(s) has shared the recipe on the Designated Email ID, the same shall be reviewed by the Production House, its creative teams, and such other persons as determined by the Channel at its sole discretion. For the sake of clarity, the Company is not obligated to revert to or respond to any Participate with the results of the selection process and the Company is not bound by any timeline is relation to the same.
iii. If at any point of time the Company finds that the email ID or any other information shared by the Participant is false and/or unauthenticated, then STAR shall have the right to forthwith disqualify such Participant from further participation and his/her Entry (defined below) shall immediately be considered to be null and void.
iv. The Participant(s) agrees and undertakes that all Personal Information, provided by them at the time of registration is true, correct, and accurate.
v. The Participant(s) by sharing the Recipe on the Designated Email ID, hereby represents, covenants and declares that – (i) the Materials are original, do not and will not constitute any infringement of copyright or any right of privacy, or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurt the religious sentiments of people worldwide or be defamatory of any person deceased or alive or blasphemous in its content and that he/she fully owns and controls all rights and interests including all intellectual property rights in the Materials , such material and all rights therein and that no other person or party has right or interest in the Materials as a co-owner, partner, mortgagee, charge holder or otherwise howsoever; (ii) the Materials shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever; (iii) the Materials is/are not subject to any lien, charge, or any other encumbrance whatsoever (iv) the Participant(s)) has not/have not granted any rights in the Materials to the prejudice of any rights granted to the Company hereunder; (v) the Materials is/are not in contravention of any applicable laws; (vi) all necessary licenses and permissions required for the utilization of the Materials including the Recipes for the purpose of the Auditions have been secured by the Participant(s) in accordance with the existing Terms and Conditions and applicable laws without any recourse to Star. The Participant(s) must ensure that no false and/or misleading statements are made by him/her and that he/she does not refer to any commercial product and/or service in any of the Materials.
(vii) The Participant further agrees and confirms that the Company is entitled to reject any Entry (defined below) of the Participant for any reason at its sole discretion including in the event that the details submitted by the Participant at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.
(viii) The Participant(s) further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update or share any information and /or upload or submit any Entry that —
a. belong to another person and to which the Participant(s) do not have any right to;
b. is grossly harmful, harassing, blasphemous, pornographic, pedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person;
g. contains software viruses, Trojans, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, including harming recipient’s computers/system/servers etc.;
h. 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. For avoidance of doubt, Participant agrees that STAR has the right to remove any such Material/Entry/ Video(s) which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.
For purposes of the Auditions, sending the Recipes on the Designated Email ID, furnishing the Personal Information in the mode and manner as prescribed by the Company, through a particular email ID that belongs to the Participant, shall be considered as a complete and valid entry (“Entry” or “Entries”). For the avoidance of doubt, if the Participant(s) provides incorrect Personal Information or fails to furnish Personal Information in the manner prescribed by the Company, then his/her Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Auditions. The Channel /Company 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 Auditions and/or the Entry and the Participant(s) shall unconditionally facilitate the same. Any incomplete Entry and/or Entries with incorrect format, broken/bad web link, inadequate Personal Information, invalid email ID, or which consist of content, which contains any of the elements specified in sub-clause (viii) above, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Auditions.
Entries received after the Digital Auditions Period will not be considered for the Digital Auditions and shall be deemed null and void. The Company shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever. It shall be the Participant’s sole responsibility to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and in accordance with the Terms and Conditions prescribed herein.
The Participant agrees, acknowledges and understands that Level 2 of the Digital Auditions may be conducted via Video Conference on any social connecting platform as determined by the Company including but not limited to Google duo, Whatsapp video call etc. The Participant accepts any terms and conditions imposed by such platforms on which Video Conference is conducted. The Participant recognizes and accepts the risks associated with communicating by Video Conference and agrees that he/she shall not hold the Company liable for any loss of any information, act or omission including for loss of sensitive and personal information and data of the Participant by such platform.
3. The selection and shortlisting process for the Auditions shall be conducted as detailed below for each Level of the Auditions. For the sake of clarity, a Participant cannot enter the Auditions without undergoing the process at each Level:
A. LEVEL 1
i. Subject to the Participant(s) having made a valid Entry, all the Entire(s) fulfilling the criteria set out herein shall be viewed and evaluated by the Company or authorized persons appointed by the Company and/or by the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s). Neither the Participant (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.
ii. The Contestant(s) shall be evaluated and shortlisted by the Panel on the overall basis of writing of the Recipe, ease of availability of ingredients, uniqueness, originality, social and cultural fitment of the Recipe, if the Recipe has been already covered/planned by the Company etc. or any such other criteria determined by the Company at its sole discretion.
iii. The Panel shall have the sole authority to judge and rate the Entries and their decision shall be final and binding on all Participants. Based on the evaluations of the Entries by the Panel, the top rated shall be shortlisted and the Participants shall be selected and eligible for participation in Level 2 of the Auditions to be conducted in the Audition Centre(s) in India.
iv. All Participant(s) selected and shortlisted for Level 2 shall be intimated about their selection and/or (Company may intimate) vide an email and/or telephone or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant shall be solely responsible for checking the email/calls received from the Company. Such communication by the Company shall also give brief details of the next level of audition – LEVEL 2, address of the respective Audition Centre (if applicable), date and time of the Auditions, mode on which Video Conference (if applicable) shall be conducted etc. The Contestants(s) shall be required to give a confirmation of their presence for Level 2 Auditions upon receiving an email or tele-call, as the case may be,
v. For avoidance of doubt it is clarified that it shall not mandatory for the Company to consider and select of any minimum number of Entries or all of the Participants who have submitted valid Entries. No correspondence and/or phone calls shall be entertained in this regard.
B. LEVEL 2
i. Participant(s) shortlisted at Level 1 shall be required to be available as per the requirement and instructions of the Company , as may be informed by the Company in advance, to participate and perform in Level 2 Auditions, on specific dates and time and manner of conducting such Auditions, as decided and communicated by the Company.
ii. In the event the Company conducts the Level 2 Auditions via Video Conference, then the Company will inform the Participant of the same in advance and it shall be the sole responsibility of the Participant to make himself/herself available for such Video Conference. If the Participant fails to make himself/herself available on Video Conference at the venue on the date and time as informed by the Company, the Entry of the Participant will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.
iii. The Participant(s) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1. For avoidance of doubt it is clarified that each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.
iv. Further, , the shortlisted Participant(s) may be if required by the Company , at its discretion , be asked to cook the Recipe or any other edible dish to showcase their talent and /or perform any act and /or answer personal and professional questions as required by the Company/ Panel (“Act”) and will be judged by the Company and/ or Panel as part of Level 2 of the Digital Auditions in the manner as mentioned above
v. In Level 2 of the Digital Auditions, the Act of Participants shall be evaluated basis the following:
a. Ease of articulation
b. Depth of knowledge – (including expertise and familiarity with the Recipe)
c. Reality shoot quotient – (including camera friendliness, screen presence, personality entertainment factor)
d. Skills , talent and background and interactive skills
In addition to the above parameters ,the performance of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of their, style, overall personality, communication skills, camera friendliness, screen presence, ideas, entertainment factor, uniqueness, etc. and The Company may use such other criteria as may be determined by the Company in its sole discretion to shortlist the Participants from Level 2. The Panel shall be free and entitled to interview and ask personal questions to these shortlisted Participants in this rspeFor avoidance of doubt it is clarified that the decision of the Company and/or the Panel shall be final in this regard and neither the Participants nor any one on their behalf shall have any objection to the same.
vi. The Company reserves the right to select any number of Contestant(s) from Level 2. . The selected Contestants shall be eligible for the next level of selection; Level 3. The Contestants shall be informed about their selection for the next round, as may be decided/ communicated by the Company at its sole discretion.
vii. The selected Contestants shall be eligible for the next level of selection; Level 3. The Contestants shall be informed about their selection for the next round, i.e. which shall be tentatively be an On Ground Auditions held in the Audition Centres or city of Kolkatta or such other city/ location at dates or shall continue to be a part of the Digital Auditions as may be decided/ communicated by the Company at its sole discretion depending on the pandemic situation and directives of the State government and MOH guidelines .
viii. If the next level of Auditions comprises of On ground Auditions, then such selected Contestant(s) shall be required to be present in or around Kolkatta for the next level of selection on the day and time specified by the Company.
ix. In the event that the Company reserves the rights to decide whether to conduct On ground Auditions and /or Level 3 of the Auditions at its sole discretion , in the event that the Company decides not to go ahead and conduct the On ground Auditions and /or Level 3 of the Auditions, then the Contestants shortlisted at Level 2 shall be entitled to proceed directly or be eligible directly for Level 4 as mentioned below . This decision of the Company shall be final and binding .
C. LEVEL 3
i. Participant(s) shortlisted at Level 2 shall be required to be present in the Audition Centre to participate and perform in Level 3 Auditions located in Kolkatta India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective Contestant(s) from any country in India or outsides India in Level 2, who have gone through the similar selection process as the Contestant(s) from India. Such decision of the Company shall be final and binding upon all the Contestants.
ii. Such Contestant(s) may be asked to cook a innovative dish based on their own recipe showcasing their culinary skills, knowledge and talent before the Panel and /or the Company (“Act”) and will be judged by the Company and/ or Panel. and may be further interviewed by the Company and/ or Panel regarding his/her background, family history, cooking experience, etc. The performance of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of the taste of the presentation and taste of the dish , overall personality, recipe / ingredients selection, screen presence, ideas, entertainment factor, uniqueness, etc. and such other criteria as may be determined by the Company in its sole discretion. For avoidance of doubt it is clarified that the decision of the Company and/or the Panel shall be final in this regard and neither the Participants nor any one on their behalf shall have any objection to the same.
iii. The cost of travel and lodging of such Contestant(s) shall be borne by the Company on actuals subject to the same falling within the fixed bracket decided by the Company at its sole discretion and communicated to the Contestant(s) and subject to the Contestant(s) providing the Company with actual receipts/documentation evidencing such expenses. If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.
iv. The Participant(s) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1 or Level 2 if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1 or Level 2. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.
v. The Company reserves the right to select any number of Contestant(s) from the Audition Center. The selected Contestants shall be eligible for the next level of selection; Level 4. The Contestants shall be informed about their selection for the next round, i.e. the televised auditions by the Company and /or its representatives which shall be tentatively held in the city of Kolkatta or such other city as may be decided/ communicated by the Company at its sole discretion.
vi. Such selected Contestant(s) shall be required to be present in or around Kolkatta for the next level of selection on the day and time specified by the Company.
D. LEVEL 4 – (TELEVISED EPISODES)
i. Contestant(s) shortlisted at Level 2 shall be required to be present a in [*] for the shoot on the day/days and time specified by the Company.
ii. The Company reserves the right to introduce other prospective Contestant(s) from any country in India or outsides India in this Level, who have gone through the similar selection process as the Contestant(s) from India. Such decision of the Company shall be final and binding upon all the Contestants.
iii. The cost of arranging the requisite travel documents (including but not limited to valid passport, requisite visa, etc.) shall be borne by the Contestant(s)). The cost of travel and lodging of such Contestant(s) shall be borne by the Contestants solely without any recourse on the Company. If the Contestant(s) fails to come for the shoot at the venue on the date/dates and time as informed by the Company, the Entry of such Contestant(s) will be invalidated and the Company shall be free to select the next deserving Participant of its choice in place of such disqualified Participant.
iv. The Contestant(s), will be required to register themselves by executing the necessary documents, in addition to those already provided and also by furnishing the documents as required to verify the Personal Details provided by the Contestant(s) in previous Audition Levels. Each of the selected Contestant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, personal identification, etc. provided by the said Contestant(s). In case the said Contestant(s) is unable to furnish the original document(s) to verify the eligibility details and also submit self-affirmed photocopy of the same, the said Contestant(s) shall be disqualified by the Company.
Upon successful completion of the contract and agreement with the Show Player(s) in relation to the arrangements for such Contestant(s) attendance at the Studio, the selected Show Player(s) must attend the Studio at the time and date communicated by the Company.
v. In the event of the failure of any of the Show Player(s) from attending the Studio by the aforesaid time for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Show.
4. If at any point of time the Company finds that the email ID shared by the Participant on the Designated Email ID is false and/or unauthenticated, then STAR shall have the right to forthwith disqualify such Participant from further participation and his/her Entry (defined below) shall immediately be considered to be null and void.
5. Participant(s) who have participated in cooking based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Contestant(s) agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter.
6. The Company reserves the right to extend the timing or close the gates of the Audition Centre(s), without prior notice to the Contestant(s) and/or refuse to admit people who have made themselves available at the Audition Centre(s).
7. For the avoidance of doubt, if a Contestant gets disqualified in the first level, then he/she cannot travel to any other Audition Centre(s) and Audition on the specified date.
8. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Channel/Company /jury/Panel/Judges shall be final and binding on all the Contestant(s) and in no event shall the Contestant(s) dispute the decision made by the Channel/Company or its employees in connection to the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection process to qualify for the Contest/Program, the decision of the Company shall be final and binding.
9. The Company and /or the Production house and /or the jury and /or the Panel and /or the Judges (as the case may be) reserve the right to stop/interrupt the performance of the Contestant(s) at any given point during any of the Levels of the Auditions and the Contestant(s) shall have no objection to the same nor shall they raise any objections against the same. It is further clarified that the Company and /or the Production House and /or the jury and /or the Panel and /or the Judges (as the case may be) are not obligated to watch the performance of the Contestant(s) and /or the Act beyond a reasonable time period. The Participant shall abide by the decision of the panel and/or Judges/Company/Production House in this regard.
GENERAL RULES
1. The Auditions are strictly open to Participant(s) of the age limits specified above [see definitions of “Contestant(s)/Participant(s)" as of June 1, 2020 being a citizen of India and residing in Kolkata State of West Bengal, India, during the Audition Period, as per the respective applicable laws of the Territory(ies).
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 and members of their immediate family; individuals not conversant in spoken Bengali or English; are ineligible to participate in the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s).
3. In the event the Participant is found to be in violation of any applicable laws at any point of time during the Auditions and /or Digital Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Digital Auditions and /or Auditions.
4. Participant, represent to the Company that the Participant is free and competent to enter the Auditions; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein.
5. The Participant shall not make any claims against STAR, Channel, their directors, employees arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Auditions or any related activity including any unauthorized access of the Videos, etc. If the Participant is found to be ineligible, or if he /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.
6. STAR India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company shall not be responsible and/or liable in any manner whatsoever for any network problem, email delivery failure, internet disruption or failure, any amounts or charges imposed by any social connecting platform on which the Video Conference is conducted, any technical error or failure in downloading the application on which the Video Conference is conducted, 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. Further, the Company shall not be responsible for breakdown of any personal device of the Participant as a result of downloading / usage of the applicable on which the Video Conference is conducted. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon receiving the Recipe on the email id provided herein. 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.
7. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant (s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. The Participant (s) shall hold harmless the Channel, Company, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant (s), in any manner whatsoever in connection with the Program and/or any aspect of the Auditions/ Digital Auditions and waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
8. The Participant, acknowledge that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant, fully understand this aspect of the Program and shall neither hold the Production House/STAR liable for any such depiction nor shall make any claims in respect of the same against the Production House/Star and/or the Channel or any of its representatives and/or the Jury.
9. The Company reserves all rights to make amendments to the Auditions Period 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 Auditions on the Website and /or the Platforms from time to time. STAR also reserves the right to cancel and/or postpone the Auditions/Program without any prior intimation to the Participant.
10. The Participant should not have been convicted under criminal laws and/or should not be disqualified under an applicable law from participating in the Auditions. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Auditions /Program. The Participant further confirms that he /she 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, pregnancy, etc.).
11. The Participant(s) is required to furnish necessary supporting documentation in original (i.e., birth certificate, school leaving certificate or passport) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant(s) agrees 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 STAR in its sole and absolute discretion.
12. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and/or the public. The Company further reserves the right to, at its discretion any time during the telecast of the Program re-introduce the Digital Auditions for the purpose of introducing new Participants for participating /competing in the Program.
13. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.
14. The Channel/STAR India reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to modify, cancel, suspend, discontinue and/or terminate the Auditions or any Level thereof, at any time without any prior intimation or notice to the public/ Participants and also STAR India/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.
15. In case for whatever reason any Participant is not agreeable to travel, stay, etc. entirely at his/her own expense, the Company will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.
16. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding and each Participant shall without limitation be bound by such decision of the Company.
17. The Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement regarding any event or any person alive or deceased, or do anything in the nature of an endorsement/advertisement that may expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.
18. 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 Auditions or the Program or the Participants, names and identity of the selected Show Players, Judges 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.
19. The Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances 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 Auditions /Program/ Show.
20. Non-conformance by any Participant of the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then STAR will at its sole discretion be entitled to disqualify their Entry on an immediate basis.
21. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company (“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 Show/ Programs/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participants.
22. Notwithstanding a Participant 's participation in the Show/ Auditions there is no obligation on the part of the Company to broadcast any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.
23. Participant (s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company during the Video Conference or telephonic rounds, or with any fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot during the Auditions/Show or the Program on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.
24. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant and /or natural guardian/legal guardian of the Participant(s) on behalf of the Participant(s), on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant and /or natural guardian of the Participant(s) on behalf of the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant or the natural guardian on the behalf of minor Participants hereby agree that neither the Participant(s) nor his/ natural guardian shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company (‘Offer’). The Participant and /or natural/legal guardian of the Participant(s) on the Participant (s)’ behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.
25. The Participant(s) waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant acknowledges that the Entry submitted and/or any their contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.
26. The Participant agree and acknowledge that the Channel / STAR shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Materials in respect of their contribution in the Sow and/or the Entry uploaded on the Platform in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).
27. The Participant shall make themselves available from time to time and co-operate with the Channel and/or STAR and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable to the Participant. Further, the Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.
Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘Likeness’) to appear on and be used in connection with the promotion of the Program all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR 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 STAR or the Channel without notice to the Participant and without any further compensation to the Participant
28. The Participant agree that in consideration of being given opportunity to participate in the Auditions ,they shall hold harmless the main sponsor (if any), Channel, STAR 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 Auditions and /or Entry and /or any aspect related to their participation in the Auditions and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Production House and/or the Channel and/or STAR to claim any damages or reliefs or otherwise.
29. The Participant agree to keep STAR India, the Channel, 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 Materials including the Entry, by STAR and /or any of its affiliate companies and/or channels.
30. The Participant agrees that STAR 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 Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. STAR shall not be responsible for the Participant’s safety during the Auditions, 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 Auditions/Program is at his/her own risk.
31. Certain information relating to the Production House, STAR, the Program, Channel, will be disclosed to the Participant(s) and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) by the Production House and/or STAR which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/STAR, as the case may be, and is valuable, special and unique to the business of Production House/Star India, as the case may be. Participant(s) and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) 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/Auditions.
32. 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.
33. 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.
34. Participant acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
35. The participation of the Participant the in the Auditions shall mean that the Participant has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.
36. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by 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, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant Couple(s) who has raised the dispute.
37. 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 agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.