Star Maa ‘Shubhapradam’ Engagement Activity
TERMS AND CONDITIONS
The following Principal and General rules are the rules and regulations (“Terms and Conditions”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agrees to participate in the interactive activity (“Activity”) which will be hosted by Star India Private Limited (“Star India/SIPL/Company”) on https://www.disneystar.com/legal-terms-policies/terms/contest-terms-conditions/star-maa-shubhapradam-engagement-activity/ (“Website/Platform”) for the purpose of viewer engagement for the Telugu Program titled “Shubhapradam” (“Program”) on its channel ‘Star Maa’ (“Channel”).
The Activity shall be governed by the Terms & Conditions and all the Participants in the Activity shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Activity. The decisions of SIPL and/or the Production House (as defined below) for all matters relating to the Activity shall be final and binding in all respects.
SIPL and/or the Production House (as defined below) reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on Website unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Activity shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defense in any proceeding with regard to the Activity.
To participate in the Activity, the Participant may be (if required) required to disclose his/ her personal information to SIPL and/or the Production House (as defined below) from time to time such as name, contact number, residential address, and/or other personal information. (“Personal Information”). SIPL is committed to protecting the privacy and the confidentiality of the Personal Information received. SIPL uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such Personal Information and /or any information or content gathered through these Terms and Conditions is dealt in the manner laid down in the Privacy Policy which is accessible at https://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).
Any information gathered through these Terms and Conditions shall be subject to our Privacy Policy incorporated herein by reference. Your act of participating in the Activity shall be deemed to be your absolute agreement 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 You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to agree to these General or Principal Rules (as stated herein below) or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Activity. The Activity shall be governed by the Terms and Conditions and all the Participants in the Activity shall unconditionally accept and agree to comply with and abide by the same.
The Personal Information will be used for the Activity/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 Activity/Program on the channel(s) owned by the Company and/or the digital platform (namely the ‘Disney+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. The Personal Information will be shared by the Company with the Production House, the Panel and the public at large, in connection with the Program. The Company will be collecting and retaining the Personal Information of the Participants
The Company has informed the Participant(s) of his/her rights to: (i) review his/her Personal Information and the Participant(s) Personal Information for deficiencies and inaccuracies, and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify such entry and/or participation in the Activity / and /or Program, as deemed fit and necessary by the Company at its sole discretion.
All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information. The Company has provided the Participant(s), with the option to opt out of providing his/her Personal Information and the Participant(s) Personal Information, and the Participant has not exercised such option.
The Privacy Policy available at the Website shall govern all usage of any Personal Information and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information in relation to Your participation in the Activity gathered under or pursuant to this Activity by SIPL (if any).
By proceeding further, You are representing to the Company and/or Production House that Your participation in the Activity is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law
DEFINITIONS
i. The Activity will commence on 01st April, 2024 and will end on 31st March , 2025 or any extensions from time to time, (“Activity Period”) on the Channel.
ii. “Company/SIPL” means Star India Private Limited.
iii. “Participant(s)” means any natural person(s) who is 18 (eighteen) years or above as of, 01st April , 2024, being a citizen and resident of India as per the applicable laws and enters the Activity individually in accordance with the terms detailed below.
iv. “Production House” means Aadi Guru Creations or such other production house, engaged by the Company from time to time to produce the Program.
v. “Exploitation/Exploit” shall mean the exploitation of the Works 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 Works, either in whole or in part, in any form/format or language, as may be decided by SIPL in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by SIPL in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works, 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 Works 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, AVOD 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 Activity Period 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.
vi. “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.
vii. “Works/Materials” shall mean and include Audio (as defined herein), sound recording, Entries, Activity, calls, communication between the Shortlisted Participant(s) (as defined below) and Guruji, including any form of artistic works, works of authorship , performances and services made by the Participant (s) or compilation, artistic works and /or musical and lyrical works developed, created, discovered, invented or otherwise brought into existence by the Participant (s) during the course of Activity and any other Intellectual Property created/ generated by the Participants during the course of participation in the Activity.
PRINCIPAL RULES
- Eligibility criteria for Participants
(a) Participants who are 18 (eighteen) years or above as of, 01st April, 2024, being a citizen and resident of India as per the applicable laws and enters the Activity individually.
(b) Such other criteria provided under these Terms & Conditions.
- The Activity will be conducted during the Activity Period on Channel, which may be accessed by the interested Participants through their mobile phones. Participants who voluntarily choose to enter in the Activity are required to register themselves for the Activity by following the procedure set out in these Terms and Conditions.
- The Company shall promote the Activity through on-air (promos, astons, bugs etc.), print, radio, online, official social media pages/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the eligible Participant(s) can participate in the Activity, wherein the Participant(s) can get details of the Activity, timings, etc.
- Procedure for participating in the Activity:
This Activity is to invite interested Participant/s to get a chance to consult Guruji viz Shri Vakkantham Chandramouli or such other Guruji as deemed fit by SIPL and /or Production House and seek inputs/ advise basis their planetary conditions/zodiac signs. The Participants are given advise and guidance taking into consideration their zodiac signs, date of birth, place of birth, birth charts etc.
(a) To participate in the Activity, all persons interested in participating and /or Participants shall be mandatorily required to do the following:
i. have to call to the mobile number displayed on the Channel during the timelines provided on the Channel at his/her sole discretion to register themselves for the participation in the Activity.
ii. Upon calling to the mobile number, the Participant(s) shall be required to submit / furnish the following personal details of the Participant or such other person’s personal details of whom the Participant is seeking for advises including but not limited to name, contact number(s), date of birth, time of birth, place of birth, their concerns/problems to be discussed with Guruji and/or any other information/documentation including the Personal Information as sought by the Production House, at its discretion during the Activity Period (“Entry”/ “Entries”).
iii. It is further clarified that for the purpose of registering and participating in the Activity 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 pre requisite will automatically cause such Participant’s registration / Entry to be invalid.
iv. It may be clarified that the Participant participating in the Activity may register with the Production House only for multiple times through a particular mobile phone number of themselves. The Personal Information required by the Production House and/or the Company may only pertain to the Participant or the family member of the Participant. It is further clarified that if the Participant has already registered and submitted Entries multiple times through a particular registered mobile number (as applicable) during the same Activity Period, then only the Entries with different queries/problems from that particular registered mobile number during the Activity Period shall be considered and all other Entries with the same/similar query/problem submitted (if any) during the Activity Period shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Activity. Additionally, it is clarified that a specific Participant cannot register and submit Entries through multiple registered mobile numbers during the same Activity Period for the same/similar query/problem. In such cases only the first Entry submitted by the Participant through a particular mobile number shall be considered for such Activity Period, and the others shall be deemed invalid.
v. This Activity is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.
vi. It is clarified that there is no fee or cost payable to SIPL and/or Production House for participating in the Activity but the call costs shall be borne by the Participant(s) to participate in the Activity without any recourse to SIPL and/or Production House.
vii. In case of telecom, internet, network failure and/or any other reason, SIPL and/or Production House reserves the right to change the mechanism or take such necessary steps as it may deem fit.
viii. SIPL and/or the Production House reserves the right to disqualify any Participant(s) from participating in the Activity without assigning any reason whatsoever. The decision of SIPL and/or the Channel and/or the Production House in this regard shall be binding upon the Participant(s).
ix. The Participants shall at all times comply with the applicable laws and the Terms and Conditions.
x. By entering the Activity, each Participant(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Activity shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Activity (if any), notwithstanding the foregoing, under no circumstances will SIPL and/or SIPL entities and/or the Production House be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
xi. The Participant(s) agrees and undertakes that all Personal Information provided by him/her at the time of registration is true, correct, and accurate.
xii. The Participant(s) agrees and undertakes that the Entry may be recorded by the Production House.
- Selection criteria
i. During the Activity Period on a daily basis, on the basis of Participants having made a valid Entry, and fulfilling criteria set out herein shall be collectively viewed and rated by the panel comprising of representatives from the creative team of Production House as determined by the Production House in its sole discretion (“Panel”).
ii. This Panel shall rate the Entry basis the nature, complexity of problem of the Participant, requirements and compliance of the TNCs and/or any such other criteria as the case may be and basis independent assessment, at its sole discretion shortlist the Participant for the Activity (“Shortlisted Participant”).
iii. The Production House’s decision shall be final, binding on the selection of the Shortlisted Participant and not subject to appeal or further review. The Company will not be under any obligation to disclose reasons for non-selection of any Participant.
iv. Participation in the Activity shall be construed to mean that the Participant(s) has waived his/her right to dispute any decision(s) made by SIPL and/or the Production House in relation to the Activity to the extent applicable under law.
v. The Shortlisted Participants will be contacted by the Production House and will be informed about their shortlisting and will be communicated to be available to receive the call on the day and time as specified for discussing their concerns / problem with Guruji. The Shortlisted Participants will also be intimated that the Material / communication between the Participant and Guruji (“Calls”) will be recorded and exploited with or without any edits. SIPL and/or Production House reserves the right to right to record and Exploit or feature the Material / Calls in the Program. In case any of the Shortlisted Participant are not receiving the call, even after 3 times or failure to receive the call by the Shortlisted Participant or rejecting for the recording and/or Exploiting or featuring the Material / Calls in the Program, then the said Shortlisted Participant shall be invalidated or disqualified from the Entry and Production House reserves the right, at its sole discretion, to select another Participant for the Activity from among the Participant(s) who have mad valid Entries.
vi. In case any of the Shortlisted Participant are not receiving the call on the day/date and time provided by the Production House, even after 3 times or failure to receive the call by the Shortlisted Participant, the said Participant shall be invalidated or disqualified from the Entry and the Production House reserves the right, at its sole discretion, to select another Participant for the Activity from among the Participant(s) who have made valid Entries.
vii. Any decisions of the Company and/or the Production House shall not be subject to any appeal of any nature whatsoever. Permitting the participation of the Participant in the Activity shall be construed to mean that the Participant has waived his/her right to dispute any decision(s) made by the Company and/or the Production House.
- The Program will be exploited within 7 to 10 days from the date of receipt of Material /Calls. Each episode of the Program will be Exploited with a minimum of 3 Calls or such other number of Calls at the sole discretion of the Production House and/or SIPL.
- The Shortlisted Participant agrees and consents that SIPL shall at its sole discretion may or may not telecast/Exploit the Material/Calls on the Channel and/or in the Program and SIPL and/or the Production House cannot be held responsible and/or liable for the same.
- The Participant(s) agrees and consents to the use by SIPL and/or the Production House of the audio and/or Material / Calls / communication forming part of the Entry and Activity on the Channel, in the Program, on any other social media pages of SIPL or as SIPL may deem fit for the purpose of promotion or Exploitation of the Program. Towards this effect and in consideration of being afforded an opportunity to participate in the Activity, the Participant(s) hereby assigns in favour of SIPL a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, on an outright basis, all Intellectual Property vested in the Entries including the Material forming part of it, to Exploit the Material in any manner deemed fit by SIPL at its discretion including but not limited to any other social media platform page of SIPL, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional or commercial purposes towards the Activity, as deemed fit by SIPL. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s) waives off his /her “Moral Rights” with respect to the Material or any part thereof as required. The Participant agrees and authorizes SIPL and/or the Production House to digitally modify, edit, truncate, the Material recorded by the Production House in any manner whatsoever. The Participant(s) undertake not to create any lien, charge, or other encumbrance, on the Entry and /or Material at any time without the prior written consent of SIPL. The Participant agrees that SIPL shall be entitled to exploit the Material including the modified Material in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Material in any manner deemed fit by SIPL in its sole discretion. It is agreed that all rights, title, and interest in the Material including rights in any form of intellectual property and rights in any form of exploitation will be owned by SIPL throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Material and /or Entry and /or modified video by SIPL or any third party authorized by SIPL, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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. For the purposes of this Contest, “Exploitation/Exploit” shall mean as defined in the definition herein above.
- The Participant 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 the Entry and/or during the Activity. The Participant further agrees and confirms that the Company is entitled to reject the Entry of the Participant 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.
- In the event the Shortlisted Participant is assessed to be prohibited in any manner and/or considered to be inappropriate due to moral, political or religious reasons or any reason whatsoever, the Company and/or Production House shall have the right at its sole discretion to edit/ remove/cut the contentious portion and re-publish such Material/Calls or reject the Material/ Calls altogether and the Participant agrees not to object to the same.
GENERAL RULES
- The Participant(s) interested in participating in the Program must be above the age of 18 years and residing in India during the Activity Period and at the date of the Entry. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Program.
- SIPL and/or the Production House reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Program and/or the Activity without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Program on the Website.
- Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by the Production House from time to time will make such Participant’s Entry null and void.
- SIPL reserves the right to disqualify any Participant(s) from participating in the Program if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by SIPL from time to time. The decision of SIPL in this regard shall be final and binding upon the Participant(s).
- By participating in the Activity, it is deemed that the Participant(s) have read, understood, accepted and agree to abide with all the Terms and Conditions of the Program.
- In the event of any fault, misunderstanding or dispute concerning any part of the Program and/or the Terms and Conditions, the decision of SIPL shall be final in this regard.
- The Participant(s) agrees that if due to any reason, whatsoever, beyond the control of SIPL if the calls are not telecasted on the Channel, SIPL cannot be held responsible and/or liable for the same.
- SIPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or the Activity.
- The Participant(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by SIPL in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to SIPL.
- The Participant(s)/Shortlisted Participant(s) acknowledges that in case the performance of this Program cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 5 days, then SIPL shall be at liberty and upon their sole discretion to terminate Program forthwith and such decision shall be final and binding.
- The Participant(s) and/or the Shortlisted Participant(s) shall not in any circumstances make any claims against SIPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults (directly or indirectly), to the Participant(s) and/or the Shortlisted Participant(s), participation or non-participation in the Program or any related activity. If the Participant(s) and/or the Shortlisted Participant(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.
- The Participant(s) and/or the Shortlisted Participant(s)/ shall hold harmless and indemnify the Production House and/or SIPL, 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) and or their family members/friends in any manner whatsoever in connection with the Program and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
- The Participant(s) shall hold harmless and indemnify SIPL, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by SIPL in connection with any act of the Participant(s)/ Shortlisted Participant(s) and/or the Program and/or Entry including the Calls /Material and/or any third party rights claims with respect to the Material recorded during the Activity Period.
- Each Participant hereby acknowledges and agrees that the relationship between the Participant(s) and SIPL and its affiliated companies is not a confidential, fiduciary, or any other special relationship.
- Participant(s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
- The Participant(s)/agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Program, and/or any other aspect related to the Program.
- Participant acknowledges that Participant’s representations, warranties, confidentiality, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
- These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to 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 Hyderabad, Telangana the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.
- In case of any dispute or other matter arising in reference to the Program subject to the provision of Clause 22 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Telangana, India.