Super Singer Challenger Audition

Terms & 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 and represent that you satisfy all of the eligibility requirements set out herein below.

The following terms and conditions (“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “SUPER SINGER” (“Program”) and shall be binding on each participant (“Participant”, Contestant”, “Your and/or  “You”) residing in and is a citizen of India only (hereinafter referred  to as “Territory”) who voluntarily participate in the Auditions hosted by STAR India /Company (as defined below) 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 India (hereinafter collectively referred to as “Channel”).

 

The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at  https://www.startv.com/legal-terms-policies/#ctc . By proceeding further You and/or Your natural/legal guardian on Your behalf (in case of minors) are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law. 

 

These Terms and Conditions shall be irrevocably binding on each Participant voluntarily participating in the Auditions ( as defined below). STAR India will have access to and collect information and data shared by the Participant including Participant’s and/or Participants’ natural/legal guardian’s personal information for the purposes of the Auditions and/or Program. By participation in the Auditions, the Participant and/or natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority, i.e. under the age of 18 years of age,  hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by STAR India, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

 

By participating in the Auditions, it is deemed that the Participant and/or natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority i.e. 18 years of age) has read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Participant’s act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be the Participant’s and/or the parent’s/ natural/legal guardian’s of the Participant (in case the Participant(s) is below the age of majority i.e. under the age of 18 years) absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If the Participant and/or natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority as per applicable law in the Territory of which the Participant is a citizen and resident of) does not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify the Participant’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.


 

 

 

DEFINITIONS

 

“Audition(s)” means wild card auditions comprising of different Levels of selection process to be conducted at the Audition Centre(s) (defined below) inter alia in the mode and manner as detailed hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify as wild card  entrant for participating in  the Program as w.

 

Audition Centre(s)” shall collectively mean the following centres/venues, at the sole discretion of the Company, wherein Auditions for the Program will be conducted:

 

  • For level 1 of the Auditions – any Venues located in the  Kolkata City of West Bengal  viz / as the Company may determine at its discretion , where the participants shall be required to attend Level 1 of the Auditions;
  • For Level 2  shall mean any venues / locations within Kolkata as decided by the Company at its sole discretion.
  • It is clarified that for further participation all such shortlisted participants of Levels 1 & 2 are required to make themselves available at any locations or any audition centres, to be held tentatively at the city of Kolkata, India as finalised by Star India at its sole discretion.

 

Audition Period” in respect of auditions at Level 1, and Level 2 shall mean audition the period for Auditions to be conducted at the Audition Centres for a period commencing from 16 February 2020 _ and ending on 27 February 2020. It is clarified that this Audition Period as stipulated may be updated by the Company at its discretion on the Website from time to time required to be checked by the Participant(s) from time to time.

 

Company/Star India” means STAR India Private Limited.

 

Contestant(s)/Participant(s)” Means all person(s) and in the case of participant(s) below 18 years of age, the said participant’s natural/legal guardians; aged between 14 (fourteen) years and 70 (seventy) years as of January 2020, being an Indian citizen and resident of India and who have participated in the Auditions and in the Program, as the case maybe, either individually; or along with a partner or as part of a group in accordance with these Terms and Conditions detailed below.

 

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 STAR India 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 STAR India 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 (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 and 2 of the Auditions. The term “Level(s)” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number. It is hereby clarified, that all minor Participants (i.e. under 18 years of age) shall be accompanied only by the natural (parent) / legal guardian at the venues of the Audition Centres and at all Levels of the Auditions, i.e. 1, 2, and 3 and the Program, as the case maybe. The Company and/or the Production House, shall have the sole right to disqualify such un-attended minor participants from further participating in the Auditions and in the Program. All such decision will be final and binding on the minor participant and for any other persons, including the natural parent and legal guardian of the participants under the age of 18 years.

 

Program” means the Show(s) which shall be tentatively titled “SUPER SINGER.”

 

“Production House” means Subhankar Chatterjee Productions.

 

"Show(s)" means each episode(s) of the Program including any Special Show(s).

 

Wild Card Player(s)” means 7 (Seven)selected Participant(s) who are selected and shortlisted through the process of the wild card Audition to participate in the Program as a wild card entry as per the terms stated herein.

 

Special Show(s)” means any episode/s of the Show recorded with Contestant(s) who belong to a category other than that specified hereunder, which may include celebrities or children special, 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 venue/ location as deemed fit by the Company for filming of the Program.

 

Works” shall mean and include Footage (as defined below) any 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 Participants during the course of Auditions/Program/Show or the Auditions and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions/Program/Show.

 

PRINCIPAL RULES

 

  1. The Auditions are an integral part of the Program. The Auditions will be conducted on-ground in the Audition Centre(s) located in the Territory and interested Contestant(s) shall be required to be present at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below.

 

  1. In case of Contestant(s) are below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of then, any 1 (one) natural/legal guardian of such Contestant(s) shall accompany the Contestant(s) for all the levels of the Auditions and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier).

 

 

  1. Procedure to register

 

Registration process for Level 1 and Level 2 of the Auditions will be at the respective Audition Centre(s) in India.

 

  • The Company shall promote the registration through on-air (promos, astons, bugs etc.), radio, online and any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Program. As a part of the marketing strategy for promoting the Auditions and /or the Program on air , our radio partners  shall be conducting various contests in respect of the Auditions /Program for the listeners across the country.
  • Registration process will be at the Audition Centre.
  • The Contestant(s) can get details of the Audition Centres in the following manner:
  1. By sending SMS of their name and age to 56263.The Contestant(s) will then receive an SMS from the Company through the automated reply activated by the Company at its discretion with a SMS stating “Thank you for your interest. We will get back to you with audition location and time details shortly. If you wish to receive different show updates from Star Jalsha in future, then SMS “JALSHA YES” to 56263”. (“Confirmation Message”)

ii.                   For avoidance of doubt it is clarified that this automated reply mechanism shall apply and extend to Contestant (s) who are on the ‘Do not Disturb’ list of any mobile network subscriber.

iii.                Since the locations, timings and audition dates for the Audition Centres are not finalised then the Contestant(s) shall receive an SMS with the date of Auditions along with a message stating that “details of the Audition Centres and the timings for the Auditions will be intimated to them via SMS in some days

 

(d)  Cost applicable for the sms sent by the Contestant(s)

 

               The cost charged to the Contestant(s) by the respective network provider(s) shall be as follows:

 

           

Network Operator(s)

Costs (Rs)

 

Vodafone

Rs. 3/ Sms

BSNL

Rs. 3/ Sms

Bharti Airtel

Rs. 3/ Sms

Reliance Jio

0

 

 

  • To register and to participate in the Auditions, the interested Contestant(s) shall:

 

  1. Mandatorily need to register himself / herself or through his/her natural / legal guardian in case the Participant is a minor vide the SMS mechanism and be in receipt of the Confirmation Message as mentioned hereinabove .Submit the Confirmation Message that he / she has received  on their registered  mobile  number . For avoidance of doubt it is clarified that the interested Participants  who  do not  submit the Confirmation Message shall be  disqualified and shall not be allowed to  participate further  in the  Auditions. This  decision of the  Company shall be final and binding on the interested participant  and his/her natural / legal guardian in case the Participant is a minor .

 

  1. have a unique registration code assigned to him/her at the Audition Centre (“Registration Number”);fill and execute a registration form or any other document(s) at the Audition Centre and duly submit all personal information including but not limited to documentation as required by the Company and/or Production House as may be required to be submitted by them for verifying / authenticating the age / identity of the interested participants  including but not limited to Voter ID, Aadhaar card , passport, driving license )along with the registration form  including but  not limited to (“Personal Information”) in a manner and form, as requested and /or prescribed therein (“Registration Form”);

 

  • In case the said Contestant(s) is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same or submit the necessary proofs in case the Contestant is a minor, the said Contestant(s) shall be disqualified by the Company. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Contestant(s) [and in case the Contestant is a minor, signature of his/her parents on the Registration Form duly submitted by the Contestant(s) at the Audition Centre] shall be considered a complete entry (“Entry”).

 

  • Contestant(s) undertake that all Personal Information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition Centre are true, correct, accurate and original. Any incomplete entry(ies) and /or Entries with incorrect format/information and/or inadequate information will be considered invalid and will be disqualified from participating in the The Channel/Company shall be free at any point of time to contact and/or communicate with the Contestant(s) for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the Entry and the Contestant(s) shall unconditionally facilitate the same.

 

  1. All entries at the respective Audition Centre(s) shall be on first come first serve basis between 9.00 am to 5.00 pm and/or or any other time as decided and communicated by the Company at its sole discretion. It is further clarified that the Company reserves the right to close the registration process at any of the Audition Centre(s), in any manner it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding and the Contestant(s) shall not challenge /dispute such decisions. Any entry made after the Audition Period will not be considered for the Contest and shall be deemed null and void. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

 

  1. The Auditions for the Program shall be conducted at the Audition Centre(s) in the manner as detailed below:

 

  1. LEVEL 1

 

  1. The Contestant(s) will be asked to perform a minimum 1 (one) singing act and maximum 4 (four) four acts [“Act(s)”]. This Act shall be evaluated by the Company or its representatives and /or renowned experts/singers/music composers 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).
  2. The top rated Acts of the Participant(s) shall be evaluated and shortlisted by the Panel on the overall basis of his/her performance, voice quality, technique, entertainment factor, uniqueness, etc. or any such other criteria determined by the Company at its sole discretion.
  • The Company and/or the Production House reserve the right to stop/interrupt the Contestant(s) during the Act(s) and the Contestant(s) shall have no objection to the same.
  1. The Panel shall have the sole authority to judge and rate the performance of all the Participants and their decision shall be final and binding on all Participants and their natural/legal guardian. Based on the evaluations by the Panel, the top rated performances 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.
  2. All Participant(s) selected and shortlisted to participate in for Level 2 of the Auditions shall be informed about their selection by the Production House, may intimate the natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority as per applicable law in the Territory of which the Participant is a citizen and resident of) at the venue of the respective Audition Centre itself. The Production House, shall communicate and announce the names of the shortlisted Participants at a time as decided by them at the venue of the Audition Centre , and it is the sole discretion and responsibility of all such Participants and/or of the natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority as per applicable law in the Territory of which the Participant is a citizen and resident of) to be present at the time of such announcement and/or communication by the Company and/or the Production House. Such communication by the Production House and/or Company shall also give brief details of the next level of Audition – LEVEL 2 (such as the date and time of the Auditions and other details as maybe required, etc. The Contestants(s) or the natural/legal guardian [in case the Participant(s) is below the age of 18 years] maybe be required to give a confirmation of their participation presence at the Audition Centre(s) for Level 2 Auditions as the case may be .

 

  1. LEVEL 2

 

  1. 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) shortlisted at Level 1 shall be required to be present in the Audition Centre in Kolkata to participate and perform in Level 2 Auditions located in Kolkata, India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective shortlisted Contestant(s) 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.
  2. Such Contestant(s) may be trained by the Production House and/or the creative teams engaged by the Production House and shall be asked to perform a singing act to showcase their talent (“Act”) and may be further interviewed by the Company and/ or Judges regarding his/her background, family history, singing training and/or experience, etc.
  • Level 3 will be held in tentatively in the city of Kolkata. The Contestant(s) shall be evaluated by an esteemed panel of judges who shall be judging the performance of Participants in the Program and /or forming part of the Program (“Judges”) engaged by the Company at its sole discretion. The Judges may listen to the Contestants in chairs facing away from the stage so as to avoid seeing the Contestants. The member of the jury shall evaluate the Contestants on their voice quality, versatility, style, overall personality, stature of their performance, song selection,, entertainment factor, uniqueness, etc., and such other criteria as may be determined by the Company in its sole discretion and shortlist the top Show Players.
  1. The Judges shall, based on the Contestant’s performance in Level 2 as per the above mentioned criteria, select  7 number of Wild Card Player(s) for the Program, as may be deemed fit by the Company. The selected Wild Card Player(s) shall be informed by the Company over the phone and/or other communication such as formal letter or email about such selection. The concerned Wild Card Player(s) shall be solely responsible for checking the email/calls received from the Company.
  2. The selected Wild Card Players will need to reside in any place in India decided by the Company at its sole discretion, during the shoot schedule of the Program.
  3. Upon successful completion of the contract and agreement with the Wild Card Player(s) in relation to the arrangements for such Contestant(s), attendance at the Studio, the selected Wild Card must attend the Studio at the time and date communicated by the
  4. In the event of the failure of any of the Wild Card 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.
  • The cost of travel and accommodation of such selected Contestant(s) from Level 1 of the respective Audition Centres shall be borne shall be solely borne by Participant and natural/legal guardian of the Participant(s) in case of Contestants below the age of  18 years), without  any recourse to the Company 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.
  • The Participant(s) and natural/legal guardian of the Participant(s) (below the age of majority as per the applicable laws in the Territory of which the Participant is a citizen and resident of) 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. 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.
  1. For avoidance of doubt it is clarified that the decision of the Company and/or the Judges shall be final in this regard and neither the Participants nor any one on their behalf (including his /her legal guardian) shall have any objection to the same.
  2. The Company reserves the right to select any number of Contestant(s) from the Audition Center in Kolkatta, India as deemed fit in accordance with the Show requirement and all such decision shall be final and binding on the Contestants.

 

  1. Participant(s) who have participated in the earlier auditions  of the Program  and appeared / participated in the televised episodes of the Program  and (ii)previously participated in singing 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.

 

  1. 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 people who have turned up at the Audition Centre(s).

 

  1. It is clarified that the Contestant(s) shall carry their own music CD’s or tapes or any musical instrument that may be required for all the Levels of the Auditions and/or shall be solely responsible to make all arrangements for facilitating their Act and the Company shall not be responsible to provide the same.

 

  1. 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.

 

  1. 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. For the purposes of this Auditions, reasonable period shall mean 30 (thirty) seconds. The Participant shall abide by the decision of the panel and/or Judges/Company/Production House in this regard

 

GENERAL RULES

 

  1. The Auditions is strictly open to Participant(s) between the age of 14 (fourteen) years and 80 (eighty) years, i.e. 14 (fourteen) years or above till 70 (seventy) years, as of November 1, 2019 being an Indian citizen of and residing in India during the Audition Period and the Program, as per the respective applicable laws of India.

 

  1. 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 Hindi or English; are ineligible to participate in the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, nationality 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).

 

  1. In the event the Participant 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) is found to be in violation of any applicable laws at any point of time during the 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 Auditions. Further in case of Participants below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, it is the onus of the natural guardian /legal guardian to ensure that the participation of such minor Participant is as per the applicable laws of the country of which they are citizens and residents of. In case it is found to be otherwise by the Company then immediately such minor Participant shall be disqualified.

 

  1. Participant and/or the natural/legal guardian of a Participant below the age of majority, i.e. under 18 years of age, as 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.  It is hereby clarified that all minor Participants (i.e. under 18 years of age in India) shall be accompanied only by the natural parent/ legal guardian at the venues of the Audition Centers and at Levels of the Auditions, i.e. 1 2, and 3. The Company and/or the Production House, shall have the sole right to disqualify such un-attended minor participants from further participating in the Auditions and such decision will be final and binding on the minor participant and for any other person including the natural parent and legal guardian of the participant under the age of 18 years.

 

  1. Participant and/or the natural/legal guardian of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, hereby provides his/her consent for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy, and (ii) the following terms and conditions:

 

  1. The Participant has read, understood and accepted the Privacy Policy and understand and agree that my Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy.
  2. The Personal Information may include information inter alia name, date of birth, address, age, gender, marital status, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition and sexual orientation, images, videos.
  3. The Personal Information is being collected by the Company/ Production House pursuant to the Terms and Conditions, in connection with the Auditions/Program and it is necessary for the Company/ Production House to collect the Personal Information for the Auditions Program and the uses set out below in (d) below.
  4. The Personal Information will be used for the Auditions/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 Auditions/Program on the channel(s) owned by the Company and/or the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd.
  5. The Personal Information will be shared by the Company with the Production House, the Panel, Judges and the public at large, in connection with the Program.
  6. The Production House will be collecting and retaining the Personal Information on behalf of the Company.
  7. The Company has informed the Participant and the natural/legal guardian of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, of his/her rights to: (i) review his/her 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 my entry and/or participation in the Auditions and /or Program, as deemed fit and necessary by the Company at its sole discretion.
  8. All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel/Judges be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information.
  9. The Company has provided the Participant and the natural/legal guardian of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, with the option to opt out of providing his/her Personal Information, and the Participant has not exercised such option.

 

  1. The Participant 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) shall not make any claims against STAR India, 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 the /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.

 

  1. 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, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Submit/Post” button. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

 

  1. 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 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.

 

  1. The Participant and/or the natural/legal guardian of a Participant below the age of majority as per applicable laws in the Territory, of which the Participant is a citizen and resident of, 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 Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant and/or the natural/legal guardian of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, fully understand this aspect of the Program and shall neither hold the Production House/STAR India liable for any such depiction nor shall make any claims in respect of the same against the Production House/STAR India and/or the Channel or any of its representatives and/or the Jury.

 

  1. 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 India also reserves the right to cancel and/or postpone the Auditions/Program without any prior intimation to the Participant.

 

  1. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/ Program. The Participant must be in a physically, emotionally and mentally fit condition to participate in the 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.).

 

  1. 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) will be required to furnish necessary supporting documentation in original (e., government endorsed identification proof such as school leaving certificate, college leaving certificate etc.) and/or any other documentary proof as may be required by the Company to – We confirm the eligibility of the Participant(s) at any stage of the Auditions. 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) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or STAR India in its sole and absolute discretion. In case of a legal guardian ,the said person will need to furnish all paperwork and also produce the relevant order /decree of the court whereby he /she has been appointed as “Legal Guardian” of the Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of.

 

  1. 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 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) and/or the public.

 

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

 

  1. 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 terminate the Auditions at any time without any prior intimation or notice to the public/ Participants 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) 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.

 

  1. In case for whatever reason any Participant 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) 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.

 

  1. 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.

 

  1. 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.

 

  1. The Participant(s) and /or legal /natural guardians on behalf of Participants below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, 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 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.

 

  1. 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) 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.

 

  1. Non-conformance by any Participant and/or by the natural/legal guardian of the Participant below the age of majority as per applicable law of the Territory of which the Participant is a citizen and resident of the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then STAR India will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

 

  1. 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.

 

  1. 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.

 

  1. 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 or 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/filmed/recorded 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.

 

  1. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants and the natural/legal guardian of the Participants in case they are minors on behalf of the Participants(s) 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. 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. 

 

  1. The Participant(s) either through themselves or in case of minors through their natural/legal guardian waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s) and in case of minors, the natural/legal guardian of the Participant(s) further agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant or the natural/legal guardian on behalf of a minor Participant acknowledges that the Entry submitted and /or videos submitted and/or contribution to the Materials does not qualify as a ‘performance’/‘live performance’ within the meaning of the Indian Copyright Act, 1957.

 

  1. The Participant agrees and acknowledges that the Channel /STAR India shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Materials in respect of their 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).

 

  1. The Participant shall make themselves available from time to time and co-operate with the Channel and/or STAR India 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/ any additional consideration 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.

 

  1. Participant(s) and in case of minors, the natural/legal guardian of the 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 for all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR India 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 India or the Channel without notice to the Participant 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) and without any further compensation to the Participant 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).

 

  1. The Participant 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 in consideration of being given opportunity to participate in the Auditions, they shall hold harmless the main sponsor (if any), Channel, STAR India, 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 India to claim any damages or reliefs or otherwise.

 

  1. The Participant 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 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 Entry including the Video(s), by STAR India and /or any of its affiliate companies and/or channels.

 

  1. The Participant and the natural /legal guardian in case of Participants below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, agrees that STAR India 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 India 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) and/or the parent/guardian of the Participant (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

 

  1. Certain information relating to the Production House, STAR India, 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 India which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Participant(s) 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 Confidential Information whether disclosed orally or in writing, is the property of Production House/STAR India, 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.

 

  1. Participant(s) and natural/legal guardian on behalf 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) 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.

 

  1. All obligations, representations, warranties, grant of rights in relation to a Participant who is below the age of eighteen (18) years as on November 22, 2018 shall be deemed to be provided by the natural/legal guardian of the Participant.

 

  1. The Participant and natural/legal guardian on behalf 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) 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.

 

  1. Participant and natural/legal guardian on behalf 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) 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.

 

  1. The participation of the Participant the in the Auditions shall mean that the Participant and natural/legal guardian on behalf 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) 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.

 

  1. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the 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(s) who has raised the dispute.

 

  1. Subject to the provision of 39 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.
Id: 9845