Super Singer Junior Season 9 – KL Auditions T&C
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 non-fiction reality program tentatively titled “SUPER SINGER JUNIOR - SEASON-9” (“Program”) and shall be binding on each participant (“Participant”, “Contestant”) and Parent for and on behalf of the Participant, is a citizen of India (hereinafter referred to as “Territory”) and/or any person of Indian Origin (PIO) holding a valid PIO card and/or any Oversees citizen of India (OCI) holding a valid OCI card. Participant and Parent for an on behalf of the Participant shall be collectively referred to as, “Your” and/or “You”. You agree and acknowledge that the Participant is voluntarily willing to participate in the Auditions hosted by Star India Private Limited (“SIPL/ Star/Company)(as defined below) for the purpose of selection and participation of Participants in the Program which may be aired on, inter alia, on “Star Vijay” and/or any of the Company’s network channels and/or any other channel and /or any digital platform owned and operated by the Company and /or its affiliates as deemed fit by the Company (hereinafter collectively referred to as “Channel”).
- These terms and conditions shall be uploaded on https://www.disneystar.com/legal-terms-policies/ and on Vijay Television Official Facebook page (https://www.facebook.com/VijayTVMalaysia/) (“Website/ Platform”) and 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 Your Parent (as defined below) on Your behalf are representing to the Company and/or Production House 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 and their Parents, for and on behalf of the Participant, voluntarily participating in the Auditions. SIPL will have access to and collect information and data shared by the Parent of the Participant including Participant’s and/or Parents of the Participants’ personal information for the purposes of the Auditions and/or Program. By participating in the Auditions, the Parent on behalf of the Participant hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by SIPL, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdp (collectively the “Privacy Policy”).
- By participating in the Auditions, it is deemed that the Parent/s on behalf of the Participant has read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Participant’s act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be the Participant’s and/or the Parent’s on behalf of the of the Participant(s) absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of SIPL as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If the Parent on behalf of the Participant does not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify the Participant’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Parents on behalf the Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.
- DEFINITIONS
5.1. “Audition(s)” shall mean the selection process in relation to the Program as detailed herein and as determined by SIPL, tentatively to be conducted inter alia at the Audition Centre(s), which the Participant(s) is/are required to qualify and pass for participating in the Program.
5.2. “Audition Centre” shall mean Sunway Putra Hotel, Kuala Lumpur and/or any other venue or locations where the Contestants need to come for participating in the Auditions, at the sole discretion of the Company.
5.3. “Audition Period” shall mean such dates fixed & announced by the Company and/or Production House, from time to time, at its sole discretion, and such communication shall be made by the Company and/or Production House in any manner as deemed fit by them and shall be required to be checked by the Parent on behalf of the Participant(s) (in case of the Participant being a Minor), from time to time.
5.4. “Company”/ “SIPL” / “Star” means Star India Private Limited.
5.5. “Contestant(s)” / “Participant(s)” means any natural person(s) aged between 6(six) years and 14 (fourteen) years i.e. 6(six) years or above and 14 (fourteen) years or below as on June 3, 2023, being an Indian/Malaysian citizen and/or any person of Indian Origin (PIO) holding a valid PIO card and/or any Oversees citizen of India (OCI) holding a valid OCI card and enters the Auditions /Program individually in accordance with the terms detailed below.
5.6. “Parent” means (i) biological father or mother of the Participant; or (ii) legal guardian of a Participant appointed by the court as per the Guardians and Wards Act, 1890 and /or any applicable laws of the respective Territory.
5.7. “Exploitation/Exploit” shall mean the exploitation of the Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by SIPL in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by SIPL in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD, TVOD 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.
5.8. “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.
5.9. “Program” means the Show which shall be tentatively titled “SUPER SINGER JUNIOR - SEASON-9”.
5.10. “Production House” means “Global Villagers” or such other entity appointed by SIPL to conduct the Auditions, for and on behalf of SIPL.
5.11. "Show(s)" means each episode(s) of the Program including any Special Show(s).
5.12. “Show Player(s)” means the selected Contestant(s) (if any) who are selected through the process of the Audition(s) to participate in the Program.
5.13. “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.
5.14. “Studio" means any venue/ location as deemed fit by the Company for filming of the Program.
5.15. “Works/Materials” shall mean and include Footage (as defined below), Entries, footage of Promotional material including any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the 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.
6. PRINCIPAL RULES
6.1 Eligibility criteria for Participants:
a) Children who are between 6(six) years and 14 (fourteen) years i.e. 6(six) years or above and 14 (fourteen) years or below as on April 1, 2023 or on such dates fixed & announced by the Company and/or Production House, at their sole discretion through the Website and/or any other medium, which is required to be checked by the Parent on behalf of the Participant(s) from time to time; and
b) Children who are Indian citizens and resident of India and/or any person of Indian Origin (PIO) holding a valid PIO card and/or any Oversees citizen of India (OCI) holding a valid OCI card, as per applicable laws and conversant in spoken Tamil and/or English;
c) Shall be able to sing Tamil song;
d) At least 1(one) Parent of the Participant must also be an Indian citizen who is resident in India and/or PIO holding a valid PIO card and/or any Oversees citizen of India (OCI) holding a valid OCI card, as per applicable laws; and
e) Such other criteria provided under these Terms & Conditions.
6.2. The Auditions are an integral part of the Program. The Auditions will be conducted during the Audition Period at absolute discretion of the Company, in the Audition Centre(s) located in the Territory and the Parent on behalf of the interested Contestant(s) shall be present with the Participant(s) at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below. The Company reserves the right to modify the Audition(s) mechanism and /or to cancel and/or postpone the Audition(s) and/Program at any point of time without any prior intimation to the Participant and Parent of the Participant (in case of minors) due to the prevailing covid19 pandemic scenario.
6.3. As the Contestant(s) are below the age of majority as per applicable laws in the Territory, the Parent of such Contestant(s) shall accompany the Contestant(s) for the Auditions and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier).
6.4. The Company may promote the Auditions through on-air (promos, astons, bugs etc.), print, radio, online, official social media pages/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Auditions, wherein the Contestant(s) can get details of the Auditions, timings, venue(s) of Auditions Centre etc., as a part of the marketing strategy for promoting the Auditions and/or the Program on air, our radio partners may promote the Auditions and/or conduct various contests in respect of the Auditions/Program for the listeners across the country.
6.5. Procedure to register
a) Registration process of the Auditions will be at the respective Audition Centre(s) in Kuala Lumpur.
b) To register and to participate in the Auditions, the interested Participant (s) shall:
i. have a unique registration code assigned to him/her at the Audition Centre (“Registration Number”);
ii. fill and execute a registration form any other document(s) including but not limited to declaration cum indemnity 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 on the registration form (“Personal Information”) in a manner and form, as requested and /or prescribed therein (“Registration Form”);
c) In case the said Participant (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 that the Contestant is a minor, the said Participant (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 Participant (s) [and and/or signature of his/her parents on the Registration Form duly submitted by the Participant (s) at the Audition Centre] shall be considered a complete entry (“Entry”).
d) Participant (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 Auditions. The Channel/Company shall be free at any point of time to contact and/or communicate with the Participant (s) for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the Entry and the Participant (s) shall unconditionally facilitate the same.
6.6. All Entries at the Audition Centre shall be on first come first serve basis between 10 AM to 4 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 Participant (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.
6.7. The Participant(s) and Parents on behalf of Participants shall be required to be present in the Audition Centre at the Audition Centre on specific dates as decided by the Company. The Contestant(s) will be asked to render a song performance in Tamil language (“Act”). The Participants shall be evaluated by an esteemed panel of judges who shall be judging the performance of Participants in the Auditions (“Judges”) engaged by the Company at its sole discretion.
6.8. The Judges panel will judge the Acts of the Participants on the basis of their voice quality, pitch, rhythm & tempo, expressions, overall presentation of the song, versatility, style, overall personality, stature of their performance, song selection, screen presence, ideas, entertainment factor, uniqueness etc. and such other criteria as may be determined by the Company in its sole discretion. For avoidance of doubt, it is clarified that the decision of the Company and/or Judges and/or Production House shall be final in this regard and the Participant(s) and/or Parents shall not have any objection to the same.
6.9. The Company may select Show Player(s) from amongst the Participant(s) selected by the Judges for the main Program and the selected Show Player(s) shall be required to do the following: (i) sign along with their Parent a separate document containing the terms and conditions for participating in the Program along with such other documents as required by SIPL in its discretion (ii) make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by SIPL from time to time,(iii) reside in any place and hotel as decided by SIPL at its sole discretion, during the shoot schedule of the Program and (iv) be present at the Studio at the time and date communicated by SIPL. The selected Show Player(s) must always be present at the Studio at the time and date communicated by SIPL. Being absent at the Studio at a time and place communicated to the Show Player may result in disqualification from the Auditions at the sole discretion of SIPL.
6.10. Parents on behalf of the Participants agree and acknowledge that they shall be solely responsible to bear all costs/expenses including but not limited to travel, accommodation, food etc for the shortlisted Participants & themselves at the Auditions and the Company, Production House, will not be involved in any such requests, logistical or other related issues. If the Participant(s) and Parents of 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.
6.11. The Parent on behalf of the Participant(s) will be required to execute any and all legal documents including but not limited to Participant Agreements, as required by the Company including but not limited to submitting all the necessary documents 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 Parent on behalf of the Participant(s). For avoidance of doubt, it is clarified that Parent of each of the Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Parent of the 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.
6.12. Participant(s) who have 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 through their Parent 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 Parent on behalf of 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. The Company and/or the Production House reserves the right to extend the timing or close the gates of the Audition Centre, without prior notice to the Parent of the Participant(s).
6.13. It is clarified that the Parent on behalf of the Contestant(s) shall carry their own music CD’s or tapes or any musical instrument that may be required for 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 unless agreed otherwise.
6.14. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Channel/Company/Panel shall be final and binding on all the Parent(s) on behalf of the Contestant(s) and in no event shall the Parent of the Contestant(s) dispute the decision made by the Channel/Company and/or Production House or its employees in connection to the Auditions. 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 Program, the decision of the Company shall be final and binding.
6.15. The Company and /or the Production house and /or the jury and /or the Panel (as the case may be) reserve the right to stop/interrupt the performance of the Contestant(s) at any given point during the Auditions and the Contestant(s) and their Parent 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 (as the case may be) are not obligated to watch the performance of the Contestant(s) and /or the Act. The Parent on behalf of the Participant(s) shall abide by the decision of the Panel and/or Company/Production House in this regard.
6.16. The Company may elect not to select any Participant and the Parent of each Participant represent on behalf of the Participant that such decision of the Company shall not be disputed. For the sake of clarity, Company is under no obligation to select any number of Participants for the Show.
7. GENERAL RULES
7.1. The Auditions is strictly open to Participant(s) between the age of 6(six) years and 14 (fourteen) years, as of June 3, 2023 being an Indian citizen of and residing in India and/or any person of Indian Origin (PIO) holding a valid PIO card and/or any Oversees citizen of India (OCI) holding a valid OCI card, during the Audition Period and the Program, as per the respective applicable laws of India.
7.2. Employees of the Company, of the Production House, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; Participant(s) not conversant in spoken Tamil ; 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 the Participant(s) in case discrepancy is found to exist in the information furnished/provided/stated by the Parent on behalf of the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Parent on behalf of the Participant(s).
7.3. In the event the Participant and/or the Parent on behalf of the Participant(s) 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. It is the onus of the Parent 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 and/or Production House, then immediately such minor Participant shall be disqualified.
7.4. Parent(s) on behalf of the Participant, represent to the Company and/or Production House 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 and/or Production House 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 honoring any of the Terms and Conditions stated herein. It is hereby clarified that all Participants shall be accompanied only by the Parent at the venues of the Audition Centers and at the Auditions and for the Program. The Company and/or the Production House, shall have the sole right to disqualify such un-attended participants from further participating in the Auditions and such decision will be final and binding on the Participant and for any other person including the Parent of the participant. The Company and/or Production House shall be free at any point of time to contact and /or communicate with the Parent for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Parent on behalf of the Participant shall unconditionally & promptly facilitate the same.
7.5. Parent on behalf of the Participant, 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:
a) The Parent on behalf of the Participant has read, understood and accepted the Privacy Policy and understand and agree that the Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy.
b) The Personal Information may include information inter alia name, date of birth, address, age, gender, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition, images, videos etc of the Participant and may also include name, nationality, contact details, emergency contact number, email ID etc of the Parent of the Participant(s).
c) 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.
d) The Personal Information may 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 or such other platforms at the sole discretion of the Company and/or the Production House.
e) The Personal Information may be shared by the Company with the Production House, the Panel, and the public at large, in connection with the Program.
f) The Production House will be collecting and retaining the Personal Information on behalf of the Company.
g) The Company has informed the Parent on behalf of the Participant of his/her rights to: (i) review his/her Personal Information and the Participant(s) Personal Information for deficiencies and inaccuracies, and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify the Participant’s Entry and/or participation in the Auditions and /or Program, as deemed fit and necessary by the Company at its sole discretion.
h) All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information.
i) The Company has provided the Parent on behalf of the Participant, with the option to opt out of providing his/her Personal Information and the Participant(s) Personal Information, and the Parent on behalf Participant has not exercised such option.
7.6. The Parent on behalf of the Participant shall be responsible for obtaining all the necessary permissions and/or approvals in writing from the school and/or any government authority on respective letter heads, for the Participant’s participation in the Audition/Program and to represent respective schools & to wear their school uniform across the Audition/Program.
7.7. The Parent on behalf of the Participant should carry their own study material/laptop/ mobiles for attending their online classes and/or tuitions etc., and the Company and/or the Production House shall not be responsible for providing the same.
7.8. The Parent on behalf of the Participant shall not make any claims against SIPL and/or the Production House, their directors, employees arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Auditions or any related activity including any unauthorized access of the videos, selection of the Participants etc. If the Participant is found to be ineligible, or if the Parent on behalf of the Participant has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.
7.9. SIPL and/or Production House shall not be responsible in the event any Entry or Entries are not received or submitted due to any reason whatsoever. For the avoidance of doubt, by submitting the Entry the Parent on behalf of the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.
7.10. The Company and/or the Production House is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant(s) and/or the Parent of 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) and /or the Parent on behalf of the Participant(s) shall hold harmless the Channel, Company, Production House, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant (s), in any manner whatsoever in connection with the Program and/or any aspect of the 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.
7.11. The Participant and/or the Parent on behalf of the Participant, acknowledge that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant and/or Parent on behalf of the Participant, fully understand this aspect of the Program and shall neither hold the Production House/SIPL liable for any such depiction nor shall make any claims in respect of the same against the Production House/SIPL and/or the Channel or any of its representatives and/or the jury.
7.12. The Company reserves all rights to make amendments to the Auditions Period, Auditions or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Parent of the Participant to check the Terms and Conditions for the Auditions on the Website and /or the Platforms from time to time.
7.13. The Participant and/or Parent of 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 and/or Program. The Parent on behalf of the Participant by entering into the Auditions represents and confirms that the Participant is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, etc.).
7.14. The Parent on behalf of the Participant(s) will be required to furnish necessary supporting documentation in original (i.e., birth certificate, passport, aadhar card etc.) and/or any other documentary proof as may be required by the Company and/or Production House to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Parent on behalf of the Participant (s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or SIPL and/or Production House in its sole and absolute discretion. 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.
7.15. 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 the Auditions, without any prior intimation to the Participant and Parent on behalf of the Participant(s) and/or the public.
7.16. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.
7.17. The Channel/SIPL and/or Production House reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant and /or the Parent. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and Parent of the Participant(s) and also SIPL/Channel/Production House 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.
7.18. In case for whatever reason any Participant and /or Parent of the Participant (s) is not agreeable to travel, stay, etc. in accordance with the term of these terms & conditions, the Company and/or the Production House will regretfully consider the Entry of such Participant(s) as invalid, and the Participant(s) shall be disqualified.
7.19. 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 and Parent on behalf of the Participant(s) shall without limitation be bound by such decision of the Company.
7.20. The Participant(s) and Parent on behalf of 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.
7.21. The Participant(s) and /or Parent(s) on behalf of Participants, 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, Panel- 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 and Parent on behalf of the Participant(s) or any per the Participant(s) shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company and/or Production House.
7.22. The Participant(s) and Parent on behalf of the Participant (s) shall not do any act either directly or indirectly which may bring the Company and/or the Program and/or Production House into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) and/or the Parent on behalf of the Participant 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.
7.23. Non-conformance by any Participant and/or by the Parent on behalf of the Participant, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then SIPL will at its sole discretion be entitled to disqualify their Entry on an immediate basis.
7.24. 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 the current Covid 19 Pandemic or any act beyond the reasonable control of the Company or any guidelines set up by the government (“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 and Parent on behalf of the Participant(s).
7.25. Notwithstanding a Participant's participation in the Show/ Auditions, there is no obligation on 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.
7.26. Participant (s) and Parent on behalf of the 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 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.
7.27. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants and the Parent 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 the Parent 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 Parent 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 Parent on the behalf of the Participants hereby agree that neither the Participant(s) nor his/ Parent for and on behalf of the Participant 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 Parent on behalf of the Participant(s) 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.
7.28. The Participant(s) through their Parent waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s) and the Parent on behalf of the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant or the Parent on behalf of the 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.
7.29. The Participant and Parent on behalf of the Participant(s) agrees and acknowledges that the Channel / SIPL 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 or any such Footages in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).
7.30. The Participant and Parent on behalf of the Participant(s) shall make themselves available from time to time and co-operate with the Channel and/or SIPL and/or Production House and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable/ any consideration to the Participant. Further, the Parent of the Participant shall at no point of time refuse or disagree for participation of the Participant(s) in any such Promotional Activity for any reason whatsoever.
7.31. Participant(s) and the Parent on behalf 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. SIPL reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or SIPL or the Channel without notice to the Participant and Parent and without any further compensation to the Participant and/or Parent on behalf of the Participant (s).
7.32. The Parent on behalf of the Participant (s) agree that in consideration of being given opportunity to the Participant to participate in the Auditions, they shall hold harmless the main sponsor (if any), Channel, SIPL, Production House, its employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the 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 SIPL to claim any damages or reliefs or otherwise.
7.33. The Parent on behalf of the Participant agree to keep SIPL, the Channel, Production House, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the performances during Auditions, by SIPL and /or any of its affiliate companies and/or channels.
7.34. The Participant and the Parent on behalf of the Participant, agrees that SIPL and/or Production House shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant and Parent on behalf of the Participant(s) acknowledges and understands that the participation in the Auditions is at their own risk. SIPL and/or the Production House 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 and/or his/her Parent(s). The Participant(s) and/or the Parent on behalf of the Participant acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own and/or Parent’s risk.
7.35. Certain information relating to the Production House, SIPL, the Program, Channel, will be disclosed to the Participant(s) and Parent on behalf of the Participant (s) by the Production House and/or SIPL which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Participant(s) and Parent on behalf of the Participant (s) agree that Confidential Information whether disclosed orally or in writing, is the property of Production House/ SIPL, as the case may be, and is valuable, special and unique to the business of Production House/ SIPL, as the case may be. Participant(s) and Parent on behalf of the Participant (s) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.
7.36. Participant(s) and Parent on behalf of the Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.
7.37. All obligations, representations, warranties, grant of rights in relation to a Participant shall be deemed to be provided by the Parent on behalf of the Participant(s).
7.38. The Participant and Parent on behalf of the Participant (s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
7.39. Parent on behalf of the Participant(s) acknowledges that their representations, warranties, indemnities, grant of rights in the performance during the Auditions including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
7.40. The participation of the Participant the in the Auditions shall mean that the Parent on behalf of the Participant (s) 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.
7.41. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of Malaysia and in case of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be submitted to the courts at Malaysia.