STAR SUVARNA - PHONE (WATCH & WIN) CONTEST

TERMS AND CONDITIONS

These terms and conditions (‘Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’) who voluntarily agrees to participate in the contest titled “Phone Contest” (‘Contest’) which will be hosted by Star India Private Limited. (“SIPL”) for the purpose of promotion and viewer engagement of the premier telecast of the film titled “Yuva” (“Film ”) on its channel ‘Star Suvarna’ (“Channel”). The Contest will be conducted on the Channel.

The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects.

SIPL 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 https://www.disneystar.com//legal-terms-policies-and-notices/terms/contest-terms-conditions/star-star-suvarna-golden-number-contest-yuva-on-air-phone-watch-win-contest/(“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 Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defence in any proceeding with regard to the Contest.

To participate in the Contest, the Participant may be (if required) required to disclose his/ her personal information to SIPL from time to time such as name, contact number, email ID, 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 Contest 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 Contest. The Contest shall be governed by the Terms and Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. 

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

I. ELIGIBILITY

The Participant(s) interested in participating in the Contest must be 

  1. Citizen of India,
  2. 18 years (eighteen) and above years
  3. Resident of Karnataka State
  4. The Participant(s) should not have been previously convicted of any criminal offense or must not be a party to an arrangement or a contract that prevents them from participating in the Contest.
  5. The Employees of the SIPL, the Production Houses of the programs of Star Suvarna and other channels of SIPL, 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 of the programs/films of Star Suvarna and other channels of SIPL and members of their immediate family, are not eligible to participate in the Contest

II.    PRINCIPAL RULES

  1. SIPL shall announce the Contest via promos on the Channel and other channels of SIPL, and digital platforms of the Channel (Facebook and Instagram) or through any other medium of exploitation which shall be at the sole discretion of SIPL. 
  1. The Contest shall be conducted for six (6) days from June 10, 2024 at 08:30 PM Indian Standard Time (“IST”) to June 15, 2024 at 08:30 PM IST (“Contest Period”) on the Channel. For sake of clarity it is clarified that the Contest Period shall consist of six (6) days and there will be 6 (six) questions during the Contest Period. SIPL reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the  Website from time to time. SIPL also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).
  2. The Contest shall comprise a total of 6 (six) multi choice questions with one question on each day having two answer options for each question, (“Question/s) during the Contest Period.  The Questions are based on  and asked from the Film “Yuva”.   Each Questions shall be triggered at 8:30 PM on each day during the Contest Period and no other timeslots. It is clarified that the Questions shall be exhibited on a graphical slate on the Channel at 8:30 PM on each (after completion of the episode of the program Janaki Samsara)
  3. To participate in the Contest and to be eligible for the Gratification (as defined below), the interested Participant(s) shall be required to correctly answer any one Question/s exhibited on graphical slate during telecast of the respective episode of the Program in the Channel, by making a missed call to the unique mobile numbers shown against the correct answer option to the respective Question (“Answer/ Entry”). The phone lines shall remain opened for one (1) hour from the time when the respective episode is closed ie. From 8:30 PM till 09:30 PM on each day of the Contest Period (“Answer Timelines”).
  4. If the Participant(s) provides an incorrect Answer(s) to the Question or Questions then his/her Entry (as defined below) shall be considered incomplete and the Participant(s) shall not be eligible for the Gratification. Answer(s)/Entry(s) received by SIPL after the Answer Timeline of the respective Question will not be considered and shall be deemed null and void without requirement of any further intimation by SIPL. It is further clarified that the missed call made by the Participant to an incorrect number or sent after closing of the Answer Timelines of the respective Question, will be deemed invalid and entry of such Participant will be disqualified. For the purpose of this Contest, “receipt” of Answer(s) occurs when the mobile/network operator records the Answer information upon the Participant(s) sending the MISSED CALL.  Any automated receipt confirmation does not constitute proof of actual receipt. Providing the correct Answer to  the Question/s asked at the end of the episode of the Program within the Answer Timelines of the Question by the Participant(s) through missed call to the unique mobile numbers assigned to the answer options shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, by submitting the Entry and /or Answer(s), the Participant(s) is representing that the Entry(s) and /or Answer(s) or contents thereof are not confidential or comprise any sensitive Personal Information. It is clarified that each Participant(s) shall be allowed to send only one Entry from one particular mobile number for the Question/s and the Participant shall not be allowed to submit /provide Answer(s)/Entries innumerable times through missed calls from the same mobile number to the unique mobile number assigned to the answer options for the Questions. It is clarified that the Participants shall be allowed to provide Entry for all Questions from the same mobile number but not allowed to provide multiple Entries/Answers for same Question. Answer/s Entries (i.e. missed calls) received after the Answer Timelines of the Question of the Contest shall be considered null and void.
  1. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time. 
  1. It is clarified that all costs incurred by the Participant(s) to participate in the Contest shall be solely borne by the Participant(s) without any recourse to SIPL.
  1. In case of telecom, network failure and/or any other reason, SIPL reserves the right to change the mechanism or take such necessary steps as it may deem fit.
  1. Upon the Participant(s) sending in their Entries to the Question on the day of the Contest Period, the mobile number from which the Participant(s) have answered the Question would get registered with the respective network provider.
  1. It shall be deemed that the person in whose name the mobile number is registered (from which the missed call is made) shall be construed to have sent the Answers/Entry(ies) for the Contest.
  1. SIPL and/or the Channel reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason whatsoever. The decision of SIPL and/or the Channel in this regard shall be binding upon the Participant(s).

III.  SELECTION OF WINNER AND GRATIFICATION

  1. During the Contest Period and for the Questions asked during Contest Period on the Channel and on the basis of the Participant (s) having made a valid Entry/ies and correct Answer(s) within the Answer Timelines, to the Question/s triggered on the Channel, SIPL will shortlist 5 Participants (“Shortlisted Participants”) on randomiser basis for each Question. Out of the 5 Shortlisted Participants, SIPL will select one (1) winner for each Question by using randomiser and thus there will be total 6 (six) winners for the entire Contest. Each Winner shall be entitled to watch the Film (Yuva) along with hero of the Film Mr. Yuvaraj Kumar on the Channel on 16th June, 2024 in the producer’s office (Hombale Films LLP) (“Gratification”). It is further clarified that SIPL shall at its sole discretion select the Winners based on the criterion (randomizer) mentioned herein. 
  1. Mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry(s) and providing the correct Answer to the Question/s triggered during telecast of the episode of the Program shall be entitled to the Gratification. It is further clarified that save and except the Gratification, the Participant(s)/ Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Contest Period or Closing of the Answer Timelines of the  Question(s) will not be considered for the Contest and shall be deemed null and void. 
  1. SIPL through its representatives shall contact each Winner through a phone call on the mobile number from which the Entry is made by the Winner(s) and inform him/her of winning of the Gratification. During the call, the representatives of SIPL will inform the date, time and venue for availing the Gratification and also ask the Winner(s) to submit to SIPL or their representatives, his/her photograph, scanned copies of his/her PAN card copy, ID proof, age proof which shall be any of one of the documents viz valid passport copy, pan card copy (Id proof only), driver’s license, Aadhar card, Ration card along with last two phone months bill for the mobile number registered with SIPL (from which the Participant has submitted his/her Entry in the Contest) (“Winner’s Documents”). The Winner (s) shall be required to submit the Winner’s Documents to SIPL/their representatives to the email Id provided by the representatives of SIPL during the call. After receiving the Winner’s Documents, to the satisfaction of SIPL, the representatives of SIPL will confirm the Winner(s) again on his/her mobile number from which the Entry is made by the Winner(s) and inform him/her the date, time and venue for availing the Gratification and the Winner(s) has to come to watch the Film along with the hero of the Film. The Winner(s) has to come in person to the place/venue informed to them by the representatives of SIPL for availing the  Gratification.  If the Winner fails to submit any of the Winners Documents required by SIPL for availing the Gratification, the Winner will not be entitled to the Gratification. Further, if for any reason, the Winner fails to come on the fixed date, time and place for availing the Gratification, the date, time and place shall not be altered/changed to any other date, time and place and the Winner has forgo the Gratification without any liability on SIPL.
  1. The representatives of SIPL will make maximum 3 (three) attempts to contact Winner(s) on the mobile number from which the Entry is made by Winner (s). In case, if lines are busy or phone is engaged, or mobile number is not reachable or switched off, in all the 3 attempts for any reason whatsoever, then SIPL shall select some other Participant from the Shortlisted Participants as Winner and call for the Gratification. SIPL shall not be responsible to any Winner(s)/Participants, if the winning information sent by the representatives of SIPL is not reached or received by the Winner for any reason whatsoever including but not limited to mobile network failure or any other technical or non-technical flaws because of which the Winner is unable to receive the Gratification.
  1. If the Winner(s ) fails to do so and avail the Gratification on fixed date time and place, the same shall be expired/lapsed and the Winner will not be entitled to claim the Gratification thereafter. The date once fixed for availing the Gratification will not be changed/altered.
  1. In the event any Winner(s) fails to adhere to the instructions of SIPL and/or fails to  follow all the requisite  steps as more particularly mentioned herein, then his/her selection shall be invalidated and SIPL shall not be liable to that Winner in any manner whatsoever.
  1. SIPL and/or the Channel reserves the right to decide the Winners of the Contest at its sole discretion.
  1. It is clarified hereby that SIPL shall have a discretionary right to postpone/ cancel/change the destination of the Gratification for reasons of unavoidable circumstances.
  1. The Gratification is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative Gratification shall be given to the Winners and the Winners cannot exchange the Gratification for a gift of equivalent value. Further, the Gratification won is personal to the Winner  and the Winner cannot transfer the Gratification to any other person.
  1. Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winner in relation to the Gratification.
  1. The decision of SIPL and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by SIPL and/or the Channel.
  1. By participating in the Contest, it shall be construed that the Winner has waived his/her right to raise any dispute in connection to the Contest and/or the selection procedure and/or the details of the scores and/or the Winner and/or the Gratification.
  1. The final selection of the Winners shall be made by SIPL and shall be final and binding on the entire Participant(s)/ Winners and in no event shall the Participant(s)/ Winners dispute the decision made by SIPL or its employees in connection to the Entry/Answer and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of SIPL shall be final and binding.
  1. The Participant/ Winner 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 or directly or indirectly, to the Participant(s)/ Winner’s participation or non-participation in the Contest or any related activity.   If the Participant/ Winner are found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entries will be disqualified.
  1. The Participants/ Winner(s) shall at all times comply with the applicable laws, the Terms and Conditions on which this Contest is hosted.
  1. A Participant once selected as Winner of a Question cannot be selected as Winner for any other Question during the Contest Period
  1. By entering the Contest, each Participant(s)/ Winner acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Gratification awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any), notwithstanding the foregoing, under no circumstances will SIPL and/or SIPL entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
  1. SIPL reserves the right to disqualify any Participant(s)/ Winner(s) from participating in the Contest 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. SIPL reserves the absolute right and discretion to reject any Entry/ Answer or any part thereof at any stage of the Contest, including after declaring the Winners, if SIPL:

a. receives any notice or complaint relating to the Entry/ Answer not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;
b. determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, 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.

  1. The decision of SIPL in this regard shall be final and binding upon the Participant(s)/ Winner(s). The Winner(s) and /or 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 or directly or indirectly, to the Participant(s)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winners are found to be ineligible, or if he or she has not complied with any of these Terms and Conditions, the corresponding Entries will be disqualified.
  1. In consideration of the participation in the Contest, Participant/ Winner hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Answer, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to SIPL. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/ Winner in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub licensable license to SIPL for use in the entire world in any media and form as SIPL may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to SIPL including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/ Winner waive any so-called moral rights in the Entry.
  1. Neither SIPL and/or Channel nor its employees have given a guarantee regarding the quality of the Gratification and the Winner agrees not to hold SIPL and/or the Channel and its employees, responsible with regards thereof. 
  1. By participating in the Contest, it is construed that the Participant(s)/ Winners has read and understood these Principal Rules including the General Rules stated below and has agreed to abide by the same.
  1. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Contestant(s) and in no manner whatsoever shall the Channel/SIPL, be responsible for the same.
  1. GENERAL RULES
  1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, the decision of SIPL shall be final. 
  1. The Participant(s) interested in participating in the Contest must fulfill the Eligibility mentioned in clause I above
  1. Proof of age, if requested, of the Participant(s) must be submitted to SIPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate and attested in such manner) as may be required by SIPL to confirm the eligibility of the Participant(s). SIPL also reserves the right to disqualify a Participant(s)/ Winner(s) in case a discrepancy is found to exist in the information furnished/ provided/ stated by the Participant(s)/ Winner(s) at any point of time during the Contest Period.
  1. The Participant(s)/ Winner(s)/ represents and undertake to execute and produce such further documents as may be required by SIPL in relation to the Contest.
  1. Participant(s) agree, understand and acknowledge that there is no Gratification for merely sending Entry in the Contest.
  1. Each Participant(s)/Winner(s) consents to the use of information submitted by the Participant(s)/ Winner(s) including the Entry(s)/ Answer(s) for the purpose as set out in these Terms and Conditions.
  1. SIPL reserves the right to cancel and/ or postpone the Contest without assigning any reasons and/ or without giving any prior intimation to the Participant(s).
  1. In case a Participant(s)/ Winner(s)/ is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content or Privacy Policy, then SIPL will disqualify the Entry/ Answer received from such Participant(s)/ Winner(s).
  1. The Terms & Conditions shall be advertised sufficiently across the Website to ensure that no Participant is misled and understands the entire participation process prior to participating in the Contest.
  1. In case of any telecom and /or network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or providing the Entry/ Answer and/or for any reasons whatsoever, SIPL reserves the right at its sole discretion to change the Contest mechanism for submitting the Entry/ Answer and /or cease from accepting Entry/ Answer of the Participant(s)/ Winner(s) during the Contest Period in any manner it deems fit and necessary. In addition SIPL shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Contest mechanism for submitting the Entry/ Answer including without limitation system failure in the mechanism of recording missed call due to any reason whatsoever including technical disruption/phone lines being open / a default in sending out the SMS alert to the Participant(s) upon sending the Entry/ Answer / close or default / failure/ any other difficulties of such nature due to which the Participant(s) is unable to participate or record his/her Entry/ Answer/ failure to logging on automatic acceptance of missed call as stated in these Terms and Conditions and /or informed at the end of telecast of the episode of the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of SIPL.
  1. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against SIPL, Channel, their employees, directors or its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind that may be suffered, including, without limitation due to any technical faults in the network and/ or connections or directly or indirectly due to or relating to their participation or non-participation in the Contest mechanism. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entry(s) will be disqualified.
  1. The Winner(s) must submit with SIPL and/or the Channel a copy of the last two bills issued by the network operator as a proof that the mobile number is registered in the name of the Winner(s)  and such other documents that could be furnished as proof that the mobile number is registered in the Winner(s) name.
  1. The Winner(s) agrees to maintain complete confidentiality regarding their selection for the Gratification and any matter relating thereto and shall not disclose any information pertaining to the Gratification or the Contest which is disclosed to the Winner(s) and which is not available to public in general, to any person or media etc. without the consent of Star. In case the Winner(s) breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Gratification
  1. The Gratification cannot be transferred, negotiated, refunded or exchanged for money by the Participant(s)/ Winner(s). For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Gratification will be recorded by SIPL or will be incorporated in the film/program or will find a mention in the film/program and/ or on the Channel.
  1. SIPL shall not be responsible to pay for any cost, expenses, taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, except as specified herein, and if applicable, Winners agrees that the same shall be solely borne by the Winner(s). 
  1. SIPL shall not be responsible for any Entry(s)/Answer(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
  1. SIPL reserves the right to forfeit the Gratification in the event it is found by SIPL or it has a reason to believe that any information provided by the Winner(s) including Personal Information is wrong, incorrect, fraudulent or misleading. SIPL shall have the right to declare another Participant(s) (on a random basis on the criterion mentioned herein) as the Winner(s) of the Contest, at its sole discretion and transfer the Gratification to such person. Such decision of SIPL shall be final and binding.
  1. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of SIPL the Gratification and/or the benefit in connection thereto becomes ineffective, invalid or unavailable (e.g. cancellation/postponement of the Contest), SIPL shall not be held responsible and/or liable for the same.
  1. SIPL makes no representation and/or warranty regarding the Gratification other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.
  1. The Winner(s) shall be solely responsible to avail the Gratification at the time of delivery. The Winner(s) agrees that he/she shall not hold SIPL and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Gratification or damage during transit or any problem in connection to the Gratification.
  1. The Winner(s) specifically agree and undertakes  on behalf of himself / herself and his / her respective family members that  he / she  shall  unconditionally make himself / herself   and  his / her family members available from time to time and co-operate with SIPL and participate in any activity and/or campaign  of any nature whatsoever ("Promotional Activity") without any consideration whatsoever payable to the Winner(s) for the same. The Winner on behalf of himself / herself and his / her respective family members allows, grants and permits SIPL or any party authorized by it to record (audio-video/audio or video),  his /her  and /or his / her  family member’s appearances,  participation, performance, acts ,any interaction of the Winner(s)  and /or his / her family members   within  themselves  and /or with any celebrities, media  or any third party or any representative of SIPL  or any related series of sound recordings and video recordings which have been shot during the designated match at the venue and/or as part of the Promotional Activity 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 Winner and /or his / her family members  (“Footage”) and agree that the Footage may be used by SIPL   as it deems fit anywhere in the world at any time now or in the future. The  Winner agrees and acknowledges on behalf of himself and his / her family members that all rights in the Footage vests exclusively with SIPL worldwide in perpetuity and SIPL is entitled to exploit the same  in any manner it may deem fit across  any media or platform whether existing now or which may come into existence into the future . The Winner further agrees and undertakes to execute  on his / her behalf as  well as on behalf necessary documentary as may be required by  SIPL  in respect of the exploitation and use of such footages. 
  1. The Participant(s)/Winner(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring SIPL into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s)/Winner(s) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Program.
  1. SIPL shall not be responsible if the Winner(s) is not available at the telephone numbers, provided by them and as a result of which, the Winner(s) loses his/her chance to the Gratification and such decision of SIPL shall be final and binding.
  1. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) have waived his/her right to raise any dispute with regard to the Contest, and /or the Gratification in any manner whatsoever to the extent permissible under law.
  1. For the sake of clarity, if the Winner(s) refuses to accept the Gratification awarded SIPL shall be released from all obligations towards the Winner(s) in connection to the Gratification  won by the Winner(s) . Further, after forfeiting the Gratification, SIPL shall be entitled to select and declare another Winner(s)  (on a random basis on the criterion mentioned herein), from Shortlisted Participants as it deems fit, and award the Gratification to that Winner(s)  and such decision of SIPL shall be final and binding.
  1. Further, SIPL shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner(s) is not reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which SIPL is unable to intimate the Winner(s) 
  1. Neither SIPL nor its employees have given a guarantee regarding the quality of the Gratification and the Winner(s) agree not to hold SIPL and/or the Channel and its employees, responsible with regards thereof. It is clarified that SIPL and/ or Channel shall not be responsible for the brand, quality, value etc. in connection to the Gratification and the supplier/ manufacturer shall be solely responsible for the same.
  1. SIPL will not be responsible nor shall be held liable for defect in the Gratification if any and/or to supply any purchase receipt of the Gratification or any other document in relation to the Gratification . The Winner agrees that he/she shall not hold SIPL and/or the Channel and/or their employees, responsible for delays or any problems in connection to the Gratification.
  1. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, SIPL, or any of its channels, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/losses/ death/ mental or emotional trauma suffered by the Participant(s)/Winner(s), in any manner whatsoever in connection with the Contest, the Contest mechanism and/or the Gratification  won and/or the Program and/or any material submitted forming part of the Entry/Answer and/or any Personal Information submitted by the Participant(s)/Winner(s) and to the extent permissible under law waives all rights to file in person through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
  1. SIPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant(s)/Winner(s) in any manner whatsoever, in relation to the Contest.
  1. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to 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)/Participant(s) Entry and/or the Contest including any third party rights claims with respect to the material submitted by the Participant(s).
  1. Each Participant(s)/Winner(s) hereby acknowledges and agrees that the relationship between the Participant/Winner(s) and SIPL and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
  1. The Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Gratification cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these  Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then SIPL shall be at liberty and upon their sole discretion to terminate any such Gratification and/or participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding.
  1. Participant(s)/Winner 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 these Terms and Conditions, 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.
  1. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
  1. The Participant(s)/Winner(s) shall at all times comply with the laws of India.
  1. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or Gratification and/or the Contest 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 Bangalore, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/Winner(s) who has raised the dispute.
  1. Subject to the provision of 37 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Bangalore , India.
Id: 11762