SUPERSTAR MOM

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited and/or Pixel Pictures Private Limited. By voluntarily participating, You agree to be bound by these Terms and Conditions and represent that you satisfy all 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 mother & child based game show titled “Superstar Mom” (“Program/Show”) in Telugu language and shall be binding on each participant, jointly & severally (“ Participant(s)”, “Contestant”, “Your” “Your Child” “Minor Child” and/or “You” ) residing and a citizen of India (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Auditions hosted by Star India Private Limited (“STAR/Company”) and/or Pixel Pictures Private Limited (“Production House”) for the purpose of selection and participation of Participant(s) in the Program to be aired on, inter alia, on the Company’s and /or its network of channels and /or any other channel as deemed fit by STAR (hereinafter collectively referred to as “Channel”).

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 are representing to the Company that Your and Your Child’s participation in the Auditions is in compliance with all laws applicable to You and Your Child and You and/or Your Child are not in any manner prohibited from participating herein by any law.

These Terms and Conditions shall be irrevocably binding on each Participant(s) for and on behalf of themselves and the Minor Child, (jointly & severally) voluntarily participating in the Auditions. STAR and/or Production House will have access to and collect information and data shared by the Participant(s) for the purposes of the Auditions and/or Program. By participation in the Auditions, the Participant(s) for and on behalf of themselves and the Minor Child, hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by STAR, 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(s) for and on behalf of themselves and the Minor Child have read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Participants’ for and on behalf of themselves and the Minor Child act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be the Participants’ for and on behalf of themselves and the Minor Child’s absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”). Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your and Your Child’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) for and on behalf of themselves and the Minor Child are requested herein unconditionally accept and agree to comply with and abide by the same.

DEFINITIONS

Audition(s) ” shall mean different Levels of selection process to be conducted at the Audition Centre(s) (defined below) inter alia in the mode and manner as detailed and set out hereunder during the Audition Period (defined below), which the Participant(s) (jointly & severally) is required to qualify to participate in further Levels for participating in the Program.

Audition Centre” shall mean any tentative locations in Hyderabad, Vijayawada, Vizag and/or any other city/location, as decided and finalized by the Company at its sole discretion where Level 1 of Auditions (as mentioned below) will be conducted and the shortlisted contestants of Level 1 of all the respective Audition Centre(s) shall be eligible for Level 2.

Audition Period” in respect of Auditions shall mean the period stipulated and /or updated by the Company at its discretion on https://www.startv.com/legal-terms-policies/#ctc (“Website”) or such other modes of announcement made by the Company and/or Production House as deemed fit, from time to time which is required to be checked by the Participant(s) from time to time. Tentative Audition Centre(s) and Audition Period shall be as follows, which may change from time to time at the sole discretion of Company and/or Production House and the Participants’ is required to keep updated by checking the website or such other modes of announcement made by the Company and/or Production House as deemed fit, from time to time:

Sl. No.

Audition Centre(s)

Audition Period

 

1

Hyderabad – Saradhi Studios

1st March, 2020

2

Vijayawada

TBC

3

Vizag

TBC

"Company" means Star India Private Limited, the owner and right holder of the Program and the entity hosting the Auditions.

Contestant(s)/Participant(s)": shall collectively mean a Mother and Child, being the Child (boy/girl) borne out of a legal wedlock and/or a legally adopted Child as per applicable laws of India and between the following age group

  • Mother – between the age group of 25 (twenty five) and 35 (thirty five) years as on March 1, 2020 (completed the age of 24 and not completed the age of 35)
  • Child – between the age group of 5 (five) and 10 (ten) years as on March 1, 2020 (completed the age of 4 and not completed the age of 10),

both being an Indian citizen and resident of India and conversive in Telugu Language and enters the Auditions /Program with Child in accordance with the terms detailed below.

Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant(s) 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 Auditions. The term “Level” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.

“Child” means any participant being a boy or girl borne out of a legal wedlock and/or a legally adopted Child as per applicable laws of India between the age group of 5 (five) to 10 (ten) years as on March 1, 2020 (completed the age of 4 and not completed the age of 10)

“Mother” means a biological mother of a Child and who is between the age group of 25 (twenty five) to 35 (thirty five) years as on March 1, 2020(completed the age of 24 and not completed the age of 35)

Program” means the televised mother and child based game show (defined below) which is titled “Superstar Mom”.

Production House” means Pixel Pictures Private Limited.

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

Show Player(s)” means the selected Participant(s) who are selected through the process of the Audition to participate in the Program.

Special Show(s)” means any episode/s of the Show /Program recorded with Participant(s) who belong to a category other than that specified hereunder, which may include celebrities or any other category which may be decided upon by the Company and/or Production House in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition.

Studio" means any location deemed fit by the Company and/or Production House for filming of the Program.

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

“Participant(s)”, “Contestant(s)”, “Your” “Your Child” “Minor Child” “Child” and/or “You” means any participant in the Auditions including the Mother and Child participating in the Auditions.

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 and is open only for Mother and Child and ready to participate along with her child with the age group and criteria as mentioned hereinabove. An individual who is not a legal mother and/or a legal child are not eligible to participate in the Auditions.

2. The Company and/or Production House shall promote the Auditions through on-air (promos, Astons, bugs etc)., print, radio, online, official social media pages/handles of the Company and/or Production House or any other manner as the Company and/or Production House 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 and venue(s) of Audition Centre.

3. Procedure to Register :

i. Sharing Personal Information

 

a. To register and to participate in the Auditions, the interested Participant(s) shall:

i. have a unique registration code assigned to her at the Audition Centre(s) (“Registration Number”);

ii. Fill and execute a registration form for and on behalf of themselves and the Minor Child or any other document(s) at the Audition Centre(s) and duly submit all personal information of the Participant(s) and the Child including but not limited to your and your Child’s date of birth, full name, gender, age, email ID, contact number(s), the name of their state/city where You and Your Child reside, joint photo with Child, Your and Your Child’s recent photo, a valid original government issued identification (Aadhar card, Passport, Birth Certificate etc) and such other personal information as may be required to be submitted to enable the Company and/or Production House to verify the relationship with the Child, the identity and age of the Mother and the Child and/or any other information/documentation as sought by the Company and/or the Production House, at its discretion during the Audition Period 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”);

iii. The Participant(s) for and on behalf of themselves and the Minor Child shall be required to fill and execute the declaration cum indemnity and/or any other document at the Audition Centre(s) as may be required to be submitted by them on the registration form in a manner and form, as requested and/or prescribed therein (“Declaration Cum Indemnity”).

b. In case the said Contestant(s) is unable to attend the auditions along with her Child or furnish the original document(s) including but not limited to a valid original government issued identification and such other personal information as may be required to be submitted to enable the Company and/or Production House to verify the relationship with the Child or submit self-affirmed photocopy of the same or submit the necessary proofs, the said Contestant(s) shall be disqualified by the Company and/or Production House. For the purposes of this Auditions, the Registration Number and the Registration Form bearing the signature of the Contestant(s) for and on behalf of themselves and the Minor Child on the Registration Form duly submitted by the Contestant(s) at the Audition Centre(s) shall be considered as a complete entry (“Entry”).

c. 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/formation and/or inadequate information and/or false / unauthenticated / fabricated entry(ies) will be considered invalid and will be disqualified from participating in the Auditions. The Company and/or Production House 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.

d. If at any point of time the Company and/or Production House finds that the Personal Information shared by the Participant(s) is found to be false and /or unauthenticated and /or fabricated, then STAR and/or Production House shall have the right to forthwith disqualify such Participant(s) from further participation and his /her Entry shall immediately be considered to be null and void.

e. The Participant(s) agrees and undertakes that all Personal Information, provided by her at the time of registration is true, correct, and accurate. The Participant(s) hereby represents, covenants and declares that(i) photo(s) of the Mother & Child are original (“Photo(s)”), (ii) the Photo(s) does not and will not constitute any infringement of copyright or any right of privacy, or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurts the religious sentiments of people worldwide or be defamatory of any person deceased or alive or blasphemous in its content and that he/she fully owns and controls all rights and interests including all intellectual property rights in the Photo(s), such material and all rights therein and that no other person or party has right or interest in the Photo(s) as a partner or otherwise howsoever (iii) the Photo(s) shall not expose the Company and/or Production House to civil and/or criminal proceedings and /or claims of any nature whatsoever. The Participant(s) further agrees and confirms that the Company and/or Production House is entitled to reject the Entry of the Participant(s) in the event that the details submitted by the Participant(s) at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.

f. The Participant(s) agrees and undertakes that the Entry Photo(s) submitted by her is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, objectionable, disparaging etc.

g. The Participant(s) further agree and undertake that she shall not host, display or share any information that belong to another person and to which the Participant(s) do not have any right to;

a. is grossly harmful, harassing, blasphemous, pornographic, pedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

b. harm minors in any way;

c. infringes any patent, trademark, copyright or other proprietary rights;

d. violates any law for the time being in force;

e. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

f. impersonates another person;

g. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, Participant(s) agrees that STAR and/or Production House has the right to remove any such material/Entry which breaches any of the terms of these Terms and Conditions and the Participant(s) shall not be entitled to object to the same.

h. Entries at the respective Audition Centre(s) shall be on first come first serve basis between 10.00 am to 3.00 pm and/or any other time as decided and communicated by the Company and/or Production House at its sole discretion. It is further clarified that the Company and/or Production House 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 and/or Production House in such situations shall be considered final and binding and the Contestant(s) shall not challenge/dispute such decisions. Any Entry received after the Audition Period will not be considered for the Auditions and shall be deemed null and void. The Company and/or Production House shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever . It shall be the Participant’s sole responsibility to ensure that the Entry is submitted correctly after following the due procedure specified by the Company and/or Production House hereunder and Terms and Conditions prescribed herein.

4. The selection and shortlisting process for the Auditions shall be conducted as detailed below for each Level of the Auditions. For the sake of clarity, a Participant cannot enter the Auditions without undergoing the process at each Level:

A. LEVEL 1

i. Subject to the Participant(s) having made a valid Entry, all the Photo(s) fulfilling the criteria set out herein shall be viewed and rated by a panel comprising of the two (2) representatives each from the Company and the Production House, as selected and determined by the Company in its sole discretion (“Panel”). This Panel shall personally interview the Participant(s), jointly and severally and rate the communication skills, personality, confidence, overall performance, etc of the Participant(s), jointly & severally or any other criteria determined by the Company / the Production House in its sole discretion. The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s). The Participant(s) shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.

ii. Contestant(s), jointly & severally shall also be required to perform acts revolving around the theme of games including but not limited to showcasing their individual talent, physical or dance or comic or singing related, games between Mother and Child etc for a minimum of 60 (sixty) seconds or such other duration as specified by Company and/or Production House before the Panel, (“Act(s)”).

iii. Company and /or the Production House reserve the right to stop/interrupt the Contestant(s) during the Act and the Contestant(s) shall have no objection to the same.

iv. The Participant(s) voluntarily agrees and grants the Company and /or the Production House permission to tape, record the interactive sessions forming part of the Auditions and the Act(s) performed by the Participant(s) (“Audition Video”) and use and /or Exploit the same in any manner whatsoever worldwide in perpetuity. It is further clarified all rights including but not limited to the Intellectual Property Rights in these Audition Video(s) shall vest with STAR worldwide in perpetuity.

v. The Panel shall have the sole authority to judge and rate the performance of all the Participant(s), jointly & severally, and their decision shall be final and binding on all Participant(s). Based on the communication skills, personality, confidence, overall performance, evaluations of the interviews of the Participant(s) and their Act(s) the top rated Participant(s) shall be shortlisted and shall be selected for Level 2.

vi. It is further clarified that the Company is free and entitled to at its sole discretion in any manner it may deem fit, publish any of the Photo(s) of the Participant(s) who have submitted valid Entries during the Period in any mode and manner at the sole discretion of the Company. For avoidance of doubt it is clarified that it shall not be mandatory for the Company and/or Production House to publish the Photo(s) of all the Participant(s) having submitted valid Entries. No correspondence and/or phone calls shall be entertained in this regard.

vii. The cost of travel and lodging of such Participant(s) to Auditions shall be borne by the Participant(s) only, without any recourse to the Company and/or Production House.

viii. The Company and/or Production House shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant(s) shall unconditionally promptly facilitate the same.

ix. The Company reserves the right to select any number of Contestant(s) from the Level 1.

B. LEVEL 2

i. Participant(s) shortlisted at Level 1 shall be further shortlisted in the Level 2.

ii. The performances and the Audition Videos of the Participant(s) shortlisted at Level 1 shall collectively be evaluated by the Panel comprising of four (4) representatives two (2) from the Company and the other two (2) from the Production House, as selected and determined by the Company in its sole discretion, on the basis of the personality, confidence, overall performance, compatibility, energy in participation, entertainment factor, uniqueness, etc. and such other criteria as may be determined by the Panel and/Company in its sole discretion and select the Show Player(s) for the Program. For avoidance of doubt it is clarified that the decision of the Company and/or the Panel shall be final in this regard and the Participant(s) shall not have any objection to the same.

iii. All Participant(s) selected and shortlisted in Level 2 as Show Player(s) shall be personally intimated about their selection vide an email and/or telephone or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant(s) shall be solely responsible for checking the email/calls received from the Company

iv. The selected Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company and/or Production House from time to time.

v. The Company and/or Production House 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 or such other selection process as deemed fit by the Company and/or Production House. Such decision of the Company shall be final and binding upon all the Contestants.

vi. The Participant(s) will be required to execute any and all legal documents as required by the Company and/or Production House including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company and/or Production House from time to time, to verify the Personal Information (defined above) provided by the Participant(s) in Level 1. For avoidance of doubt it is clarified that each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

vii. The selected Show Players will need to reside in any place in India decided by the Company and/or Production House at its sole discretion, during the shoot schedule of the Program

viii. Upon successful completion of the contract and agreement with the Show Player(s) in relation to the arrangements for such Contestant(s) attendance at the Studio, the selected Show Player(s) must attend the Studio at the time and date communicated by the Company and/or Production House.

ix. In the event of the failure of any of the Show Player(s) from attending the Studio by the aforesaid time for any reason whatsoever the Company and/or Production House shall at its own discretion be entitled to exclude such Show Player(s) from the Show

x. Such selected Show Player(s) shall be required to mandatorily attend the grooming and act presentation training sessions /workshops conducted by the Company and/or Production House at such time and place as the Company and/or Production House may deem fit.

5. Participant(s) (jointly or severally) who have previously participated in any shows /programs and /or appeared /featured in any television programs (of any genre) or have 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 to the Company and/or Production House. The Company and/or Production House reserves the right to disqualify such Participant(s) on such ground, based at its sole discretion. The Contestant(s) agree to fully co-operate with the Company and/or Production House for any additional information that may be required by the Company and/or Production House to evaluate the facts related to the matter.

6. The Company and/or Production House 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). Such decision of the Company and/or Production House shall be final and binding on all the Participant(s).

7. Irrespective of whether the Participant(s) have been disqualified and /or eliminated at any of the Levels of the Auditions and fail to proceed further or if their Entries have been disqualified at any Levels of the Auditions, the Company and /or the Channel and/or Production House shall continue to have the right to Exploit and /or publish the Audition Videos and/or Photo(s) submitted by them as part of their Entries on the Website and /or any digital platforms owned by the Company and/or Production House and /or its affiliate worldwide in perpetuity.

8. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Channel/Company /jury/Panel/ and/or Production House shall be binding on all the Contestant(s) and in no event shall the Contestant(s) dispute the decision made by the Channel/Company and/or Production House 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 and/or Production House shall be final and binding.

9. 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 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 (as the case may be) are not obligated to watch the performance of the Contestant(s) and /or the Act(s) beyond a reasonable time period. For the purposes of this Contest, reasonable period shall mean 30 (thirty) seconds. The Participant(s) shall abide by the decision of the panel /Company/Production House in this regard.

GENERAL RULES

1. The Auditions are strictly open collectively to only a Mother and a Child (boy/girl), being the Child borne out of a legal wedlock and/or an adopted child as per applicable laws of India and between the following age group

  • Mother – between the age group of 25 (twenty five) and 35 (thirty five) years as on March 1, 2020 (completed the age of 24 and not completed the age of 35)
  • Child – between the age group of 5 (five) and 10 (ten) years as on March 1, 2020 (completed the age of 4 and not completed the age of 10),

both being an Indian citizen and resident of India and conversive in Telugu Language and willing to perform in the Program together

 

2. Employees of the Company, of the Production House, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Telugu; are ineligible to enter the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company and/or Production House hereunder may result in disqualification. The Company and/or Production House also reserves the right to disqualify a Participant(s) incase a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) during the conversation with the Company and/or Production House and in the information(s) stated in the documents furnished by the Participant(s).

3. In the event the Participant(s) is found to be in violation of any applicable laws at any point of time during the Auditions, the Company and/or Production House reserves the right to disqualify the Participant(s) immediately and her Entry shall be considered null and void. Such disqualified Participant(s) shall not be eligible to proceed further in the Auditions.

4. Participant(s) on behalf of themselves and on behalf of the Minor Child represent to the Company and/or Production House that the Participant(s) 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(s) from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein.

 

5. Participant(s), hereby provides her consent for and behalf of themselves and on behalf of the Minor Child 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 Participant(s) for and behalf of themselves and on behalf of the Minor Child 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, 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 etc

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 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 and/or Production House, 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 any other third parties.

e. The Personal Information will be shared by the Company with the Production House, the Panel and the public at large, in connection with the Program.

f. The Production House will be collecting and retaining the Personal Information on behalf of the Company.

g. The Company and/or Production House has informed the Participant(s) her rights to: (i) review her and her Minor Child’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 your 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

6. The Participant(s) shall not make any claims against STAR and/or Production House, 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 Video etc. If the Participant(s) and/or her Minor Child is found to be ineligible, or if she and/or her Minor Child 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. Company and/or 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 to the Minor Child 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) for and behalf of themselves and on behalf of the Minor Child shall hold harmless the Channel, Production House, 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) and/or the Minor Child, 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.

8. Participant(s) acknowledge that the Program is a mother and child based game show, 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(s) in an unfavorable manner or may appear to be defamatory. Participant(s) fully understand this aspect of the Program and shall neither hold the Production House/STAR liable for any such depiction nor shall make any claims in respect of the same against the Production House/Star and/or the Channel or any of its representatives and/or the jury.

9. 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(s) to check the Terms and Conditions for the Auditions on the Website and /or the Platforms from time to time. STAR and/or Production House also reserves the right to cancel and/or postpone the Auditions/Program without any prior intimation to the Participant(s).

10. The Participant(s) 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(s) must be in a physically, emotionally and mentally fit condition to participate in the Auditions and/or Program. The Participant(s) for and behalf of themselves and on behalf of the Minor Child further confirm that she and her Child is medically fit to travel anywhere and anytime and that she and /or Child does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).

11. Participant (s) is required to furnish necessary supporting documentation in original (i.e., birth certificate, aadhar card, school leaving certificate or passport), 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 and/or Levels. 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 STAR and/or Production House in its sole and absolute discretion.

12. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant(s) and/or the public. The Company further reserves the right to, at its discretion any time during the telecast of the Program re-introduce the Auditions either on-ground or digital for the purpose of introducing new Participant(s) for participating /competing in the Program.

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

14. The Channel/STAR and/or Production House reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant(s). Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participant(s) and also STAR/Channel and/or 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.

15. In case for whatever reason any Participant(s) is not agreeable to travel, stay, etc. entirely at her own expense, the Company and/or Production House will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

16. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding and each Participant(s) shall without limitation be bound by such decision of the Company.

17. Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement of any event or any person alive or deceased, material, or anything of an advertising nature and will not expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.

18. Participant(s) shall not grant or publish any interviews, 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 Participant(s), 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 and/or Production House without Company’s prior written consent in each instance. 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.

19. Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or Production House and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Auditions /Program/ Show.

20. Non-conformance by any Participant of the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then STAR will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

21. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company and/or Production House (“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 Participant(s).

22. Notwithstanding a Participant’s participation in the Show/ Auditions there is no obligation on the part of the Company to broadcast any Show/ Auditions in which she and/or Child has taken part, or any or all of her or her Child’s contribution as recorded by the Company.

23. Participant(s) specifically agree, allows, grants and permits the Company and/or Production House 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(s) with the Company and/or Production House or fellow Participant(s) or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot during the Auditions/Show or the Program on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participant(s) (“ Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

24. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participant(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(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(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(s) shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company (‘Offer’). The Participant(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.

25. The Participant(s) waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s) 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(s) acknowledge that the Entry submitted and /or Videos submitted and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.

26. The Participant(s) agree and acknowledge that the Channel / STAR and/or Production House 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 whatsoeverit may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

27. The Participant(s) shall make themselves available from time to time and co-operate with the Channel and/or STAR 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 to the Participant (s). Further, the Participant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.

28. Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant(s) and the family/relatives/friends/colleagues of the Participant(s) (‘Likeness’) to appear on and be used in connection with the promotion of the Program all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR and/or Production House 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 and/or Production House or the Channel without notice to the Participant(s) and without any further compensation to the Participant(s).

29. The Participant(s) agree that in consideration of being given opportunity to participate in the Auditions ,they shall hold harmless the main sponsor (if any), Channel, STAR and/or 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(s), in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Production House and/or the Channel and/or STAR to claim any damages or reliefs or otherwise.

30. The Participant(s) agree to keep STAR and/or Production House, 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, Profile by STAR and/or Production House and /or any of its affiliate companies and/or channels.

31. The Participant(s) agrees that STAR and/or Production House shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant(s) 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(s) acknowledges and understands that the participation in the Auditions is at their own risk. STAR and/or 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(s). The Participant(s) acknowledge and understand that the participation of the Participant(s) in the Auditions/Program is at his/her own risk

32. Certain information relating to the Production House, STAR, the Program, Channel, will be disclosed to the Participant(s) by the Production House and/or STAR which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/STAR, as the case may be, and is valuable, special and unique to the business of Production House/Star India, as the case may be. Participant(s) shall not discuss and/or disclose any information about the Program, the performances of other participant(s) in the Program with any third party; and also not disclose the names of the participant(s) eliminated in respective rounds of eliminations in the Program/Auditions.

33. 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.

34. If any party or person has any complaints and /or claims including but limited to copyright violation /infringement in respect of the Video(s), then please email your query to hello@startv.com.

Your email, which must bear your digital signature or a signed written complaint should include the following information:

i. Your contact information;

ii. A description of your work that you believe has been infringed;

iii. Details of the allegedly infringing Video’s specific URL;

iv. Other relevant information required by the Company to assess the complaint.

Company shall take all reasonable measures, including removing the alleged infringed Video within 2 (two) working days from date of receipt of your email. You agree and acknowledge that the Company's responsibility in relation to infringed Video is limited to removing them post receipt of your claims /complaints in accordance with this Terms and Conditions uploaded on the Website and the Company shall not be responsible or liable for any other damages or losses incurred by you or any other person claiming through or on behalf of you, of any nature whatsoever.

35. The Participant(s) acknowledge 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.

36. Participant (s) acknowledge that their representations, warranties, indemnities, grant of rights in the Entry including Video, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

37. Participant(s) agree and acknowledge that all the Personal Information shared by the Participant(s) through the Auditions shall be collected, used and stored by the Company and/or the Production House and use the same in any manner whatsoever.

38. The participation of the Participant(s) the in the Auditions shall mean that the Participant(s) has 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.

39. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by STAR and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Hyderabad, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant Couple(s) who has raised the dispute.

40. Subject to the above provision, 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 Hyderabad, India. The Participant(s) agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

 

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