Taare Zameen Par
Terms & Conditions
Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited. By voluntarily participating, You and your Parent agree, to be bound by these Terms and Conditions.
The following 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 “Taare Zameen Par” (“Program”) and shall be binding on You the Parent of the Participant, both being a citizens of India and residing in India (referred to as “Territory”) who voluntarily desire to participate in the Auditions hosted by Star India Private Limited (“STAR/Company”) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and /or its network of channels and/or any other channel/platform as deemed fit by STAR (hereinafter collectively referred to as “Channel”).
“You”, “Your” or “ Participant” means the Parent of the Participant, on behalf of yourself and the Participant.
By proceeding further, You are representing to the Company that Your Child’s, participation in the Auditions is in compliance with all laws applicable on You and Your Child, and You and Your Child, are not in any manner prohibited from participating herein by any law.
These Terms and Conditions which are available at https://www.startv.com/legal-terms-policies/#tzpr shall be irrevocably binding on each Participant and their Parents, for and on behalf of themselves and the Participant, voluntarily participating in the Auditions. The Privacy Policy shall govern all usage of any Personal Information ( defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to name, mobile phone number and/or any information gathered by STAR India under or pursuant to this Auditions and in relation to Your Child’s participation in the same. Your act of voluntarily consenting to the participation of your Child in the Auditions in the manner as detailed below shall be deemed to be your absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy of STAR India as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”) which are hereby incorporated by reference. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use will disqualify Your Child’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Parents of Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same. For clarity, these Terms and Conditions will apply to You (i.e., the Parent on behalf of Yourself and your Child who is a Participant.
I. DEFINITIONS
“Audition(s) ” shall mean and comprise the Digital Auditions and Video Auditions collectively to be conducted inter alia in the mode and manner as detailed and set out hereunder during the Audition Period, which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.
“Digital Auditions” means Level 1 of the selection process of the Auditions as detailed herein, to be conducted inter alia in the manner as set out hereunder during the Digital Auditions Period (defined below), which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.
“Digital Auditions Period” shall mean the period commencing from on March 18, 2020 at 12:00 PM IST to and concluding on March 31, 2020 at 12:00 pm IST (both dates inclusive) for participation in the Digital Auditions.
“Audition Period” shall collectively mean the Digital Auditions Period and Video Auditions Period.
“Child” means a biological child or a ward as defined under the Guardians and Wards Act, 1890.
“Company” means Star India Private Limited, the owner and rightsholder of the Program and the entity hosting the Program.
“Participant(s)": means any natural person(s) who is between the age of10 (ten) years and 15 (fifteen) years as of January 1, 2020 being a citizen of India and resident of India and at least one of whose Parents is a citizen of India and resident of India as per the applicable laws and whose Parent enters the Auditions/Program individually on behalf of the Participant, in accordance with the terms detailed herein.
“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, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.
“Level(s)” shall mean collectively levels 1 and 2 of the Auditions. The term “Level” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.
“Materials” shall mean and include Footage (defined below), Entries, and footage of the Promotional Material (defined below) 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 and/or Program and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions and/or Program. For the sake of clarity, the Audition Clip submitted by the Participants shall not be a part of the Materials.
“Parent” means: (i) biological father or mother of a Participant; or (ii) legal guardian of a Participant appointed by the court in accordance with the Guardians and Wards Act, 1890.
“Program” means the televised singing-based reality program (defined below) which is tentatively titled “ Taare Zameen Par”.
“Production House” means Optimystix Entertainment India Private Limited, or any other production house as may be appointed by the Company .
“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 and such other participants as selected by the Company at its sole discretion to participate in the Program.
“Special Show(s)” means any episode/s of the Program recorded with the Participant(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 Participants will have to comply with along with all the other rules of the Program.
“Studio” means any location deemed fit by the Company for filming the Program.
“Video Auditions” means Level 2 of the selection process of the Auditions as detailed herein, to be conducted inter alia in the manner as set out hereunder during the Video Auditions Period (defined below), which the Participant(s) is required to qualify in order to become eligible as Show Player (as defined below) and for participating in the Program.
“Video Auditions Period” shall mean the period from March 18, 2020 to March 31, 2020 (both dates inclusive) for participation in the Video Auditions.
1. Eligibility Criteria for Participants:
i. Children who are between the age of 10 (ten) years and 15 (fifteen) years as of January 1, 2020; and
ii. Children who are Indian citizens and are resident in India, as per applicable laws; and
iii. At least 1 (one) Parent of the Participant must also be an Indian citizen who is resident in India as per applicable laws; and
iv. Such other criteria provided under these Terms and Conditions.
2. The Digital Auditions and Video Auditions are an integral part of the Program.
3. Only the first 500 (five hundred) valid, unique Entries received by the Company will be considered as eligible for Auditions including Digital Auditions. Irrespective of whether or not the Digital Audition Period is still ongoing, the Company shall not consider any Entries received on the Platform, after the 500th (Five Hundredth) Entry, and all such Entries shall be disqualified from the Auditions and the Program. The Company is under no obligation to inform prospective participants or their Parents that they have stopped accepting Entries.
4. The Digital Auditions will be conducted in the Digital Auditions Period on the Website/Platform, which may be accessed by the Parents of interested Participant(s) through any device with access to the Internet, including but not limited to mobile phones. Parents who voluntarily choose to enter their children in the Auditions are required to register their Child as a Participant in the Auditions by following the procedure set out in these Terms and Conditions.
5. Each Parent shall have provided prior consent to the participation of the Participant in the Auditions and the Program. At least 1 (one) Parent of each Show Player shall accompany the Show Player for all on ground shoots of the Program and shall stay with him/her till his/her elimination/disqualification and/or completion of the Program (whichever is earlier).
6. The Company shall promote the Auditions through on-air (promos, astons, bugs etc.), radio, online, official social media page/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Auditions, wherein the Participant(s) can get details of the Auditions. 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.
7. Procedure to Register: Parents of Participants who are desirous of entering the Auditions are required to register for the Auditions at https://singing.madebysparkt.com/#ParticipateNow (“Website” or “Platform”) by uploading a link to the Audition Clip, Accepting the Terms and Conditions, providing Parental Consent and consent for collection of personal information, submitting their Personal Information and the Audition Clip, as further detailed below.
i. Recording of Audition Clip and Uploading in YouTube.
(a) The Parent of the Participant shall record an audio-visual recording of the Participant singing a Hindi song of their choice (“ Audition Clip”) and upload it to YouTube. The Audition Clip must be of the Participant singing such Hindi song without any musical accompaniment and/or background music.
(b) The Parent of the Participant shall create an account with YouTube and comply with applicable terms and conditions of YouTube (“ YouTube T&C”), but not limited to https://www.youtube.com/about/policies/#community-guidelines .
(c) Each Audition Clip shall be:
(I) audible, having a good audio/sound quality.
(II) visually clear and should not be pixelated or distorted.
(d) The Audition Clip should have a valid, shareable YouTube link or URL.
(e) If the Audition Clip does not meet the above criteria, the Company and/or the Production House reserves the right to reject the Entry and disqualify the Participant.
(f) It is hereby clarified that YouTube is in no way associated with the Program/Auditions in any manner whatsoever.
ii. Registration on the Platform and Entries
(a) Once the Parent of the Participant accesses the Website, the Parent of the Participant shall be required to share the Personal Information of the Parent and the Participant by duly filling the personal information, including but not limited to full name, age, email ID, mobile phone number(s), Parent’s name, city name, and/or any other information/documentation as sought by the Company, at its discretion during the Audition Period (“ Personal Information”) in a manner and form, as requested and /or prescribed on the Website/Platform.
(b) The Parent shall also share the YouTube link to the Audition Clip in the designated field, on the Website.
(c) Parental consent as required on the Website/Platform will also need to be submitted in the mode and manner as prescribed or requested on the Website/Platform from time to time during the Audition Period. Company may request details and documents of the Parents such as full names, proof of relation, contact details, email ID, etc. For avoidance of doubt, for the purposes of participating in the Digital Auditions during the Digital Period set out hereinabove, registering through a valid email ID vide the medium of the Platform is mandatory for all Parents of interested Participants.
(d) If at any point of time the Company finds that the email ID or phone number or any other Personal Information shared by the Participant on the Website/Platform is false and/or unauthenticated, then STAR shall have the right to forthwith disqualify such Participant from further participation and his/her Entry (defined below) shall immediately be considered to be null and void.
(e) Once the interested Participant and Parent of the Participant have completed filling details of his/her Personal Information, he/she shall carefully read the Terms and Conditions available at https://www.startv.com/legal-terms-policies/#tzpr and click the checkbox ‘I Accept Terms & Conditions’ (or any other similar wording) in order to accept the Terms and Conditions. The Parent of the Participant shall also read the parental consent form and click the checkbox in order to agree to and submit consent of on behalf of himself/herself and the other parent of the Participant. The Parent Participant shall also read the personal information policy and click the checkbox to accept the Company’s personal information policy. For the sake of clarity, it is clarified that there is a common checkbox to accept each of these terms.
(f) Pursuant to the above, the interested Participant and Parent of the Participant shall click on “Submit” in order to submit the Entry and the Participant and Parent of the Participant may receive an acknowledgment message with a unique registration number.
8. The Participant(s) and Parent of the Participant agrees and undertakes that all Personal Information, provided by them at the time of registration is true, correct, and accurate.
9. The Participant(s) and Parent of the Participant by sharing the Audition Clip hereby represents, covenants and declares that (i) the Audition Clip is/are original and performed/enacted by the Participant(s) (ii) the Audition Clip do 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 hurt 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 Audition Clip, such material and all rights therein and that no other person or party has right or interest in the Audition Clip as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Audition Clip shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Audition Clip is/are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant(s) and Parent of the Participant has not/have not granted any rights in the Audition Clip to the prejudice of any rights granted to the Company hereunder (vi) the Audition Clip is/are not in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Audition Clip for the purpose of the Auditions have been secured by the Participant(s) and Parent of the Participant in accordance with the existing Terms and Conditions and applicable laws without any recourse to Company. In the event the publishing of the Audition Clip is assessed to be prohibited in any manner and/or considered to be inappropriate due to moral, political or religious reasons or any reason whatsoever, STAR may, at their discretion edit/ remove/cut the contentious portion and re-publish such Audition Clip or reject the Audition Clip altogether and the Participant agrees not to object to the same. The Participant(s) and Parent of the Participant acknowledge that the Company shall in no manner be liable if the Audition Clip or any part thereof has been edited/removed/cut or any contentious portion has been edited/removed/cut and re-published. The Participant(s) and Parent of the Participant must ensure that no false and/or misleading statements are made by him/her and that he/she does not refer to any commercial product and/or service in any of the Audition Clip. The Participant and Parent of the Participant further agrees and confirms that the Company is entitled to reject the Entry (defined below) of the Participant in the event that the details submitted by the Participant at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.
10. The Participant and Parent of the Participant agrees and undertakes that the Entry/Audition Clip submitted by him /her are in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.
11. The Participant(s) and Parent of the Participant further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update or share any information and /or upload or submit Audition Clip that:
i. belongs to another person and to which the Participant(s) do not have any right to;
ii. 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;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonates another person;
viii. contains software viruses, Trojans, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, including harming recipient’s computers/system/servers etc.;
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, Participant agrees that STAR has the right to remove any such Material/Entry/Audition Clip which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.
12. For purposes of the Auditions, accessing the Website/Platform, mandatorily providing a link to the Audition Clip on the Website/Platform and thereafter furnishing the Personal Information in the mode and manner as prescribed, as the case may be, along with the acceptance to the Terms and Conditions and parental consent and personal information policy shall be considered as a complete and valid entry (“Entry” or “Entries”). It may be clarified that once the Entry has been submitted, he/she shall not be entitled to re-submit any information, including but not limited to any Audition Clip through such email ID and Entry submitted by him/her for the first time shall be considered final and valid Entry for the purpose of the Audition. It is further clarified that any Entry submitted by him/her through an email ID shall not be permitted to submit another entry through the same email ID. For the avoidance of doubt, if the Parent of the Participant(s) fails to provide minimum 1 (one) Audition Clip as prescribed in the Terms and Conditions or provides incorrect Personal Information or fails to furnish Personal Information in the manner prescribed or if the Audition Clip is in violation of the terms stated herein, then his/her Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Auditions. The Channel /Company shall be free at any point of time to contact and/or communicate with the Parent of the Participant for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Parent of the Participant shall unconditionally facilitate the same. Any incomplete Entry and/or Entries with incorrect format, inadequate Personal Information, invalid email ID, or which consist of content, which contains any of the elements specified in sub-clause 11 above, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Auditions .
13. Entries received after the Digital Audition Period will not be considered for the Digital Auditions and shall be deemed null and void. The Company 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 and sole responsibility of the Parent of the Participant to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein.
14. Each Entry shall have a single Participant – no duets, triads or groups Participants are permitted.
15. There can be a maximum of 1 (one) entry per Participant. In the event of more than 1 (one) entry per Participant, the first Entry received will be taken into account, and the remaining entries will be disregarded.
16. Entries sent before and after the Audition Period will not be considered for the Program and shall be deemed null and void.
17. 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 and/or be selected as a Show Player without undergoing the process at each Level:
A. LEVEL 1
i. Subject to the Participant(s) having made a valid Entry, all the Audition Clips fulfilling the criteria set out herein shall be viewed and evaluated by the Production House and/or STAR and/or its representatives and /or professional experts/singers/music composers appointed by the Company and/or by the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s). Neither the Participant(s) nor the Parent shall 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. It is further clarified that the composition of the Panel may vary from time to time during various stage of the Auditions.
ii. The Participant(s) shall be evaluated and shortlisted by the Panel on the overall basis of his/her performance, voice quality, grace, personality, technique, selection of act, ideas, entertainment factor, uniqueness, etc. or any such other criteria determined by the Company at its sole discretion.
iii. The Panel shall have the sole authority to judge and rate the Audition Clips and performance of all the Participants and their decision shall be final and binding on all Participants and their Parent. Based on the evaluations of the Audition Clips by the Panel, the top-rated performances shall be shortlisted and the Participants shall be selected and eligible for participation in Level 2 of the Auditions.
iv. The Parents of all Participant(s) selected and shortlisted for Level 2 shall be intimated about their selection vide an email. If there is no response by the Participant and the Parent of the Participant within twenty four (24) hours of receipt of such email by Participant and Parent of Participant, Company and/or the Production House shall attempt to contact the Participant and Parent of the Participant, upto a maximum of three (3) times, via telephone that has been provided by the Parent at the time of registration or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant and Parent of the Participant shall be solely responsible for checking the email/calls received from the Company. Such communication by the Company shall also give brief details of the next level of audition – Level 2, date and time of the Auditions, etc. The Parent of the Participant shall be required to give a confirmation of the Participant’s participation for Level 2 Auditions upon receiving an email or call, as the case may be. The email communication from the Company shall also provide details of the medium (which shall be teleconferencing/ audio-visual conferencing or other similar media) and requirements for the Level 2 Auditions which the Parent shall be required to confirm and make necessary arrangements for, prior to the Level 2 Auditions.
v. It is clarified that in the event of the Parents of the Participant have not installed the necessary software or otherwise met the necessary requirements for the Level 2 Auditions, the Participant shall not be eligible for the Level 2 Auditions and shall consequently be disqualified. The Participants shall be provided with a minimum of 24 hours’ notice to be available for the Level 2 Auditions.
i. Participant(s) and Parent of the Participant(s) shortlisted at Level 1 shall be required to participate and perform in Level 2 Auditions, on specific dates and time and via such media as decided and communicated by the Company and communicated to the Parents of the Participants.
ii. Such Participant(s) shall be asked to perform a Hindi singing act of their choice to showcase their talent (“Act”) and be further interviewed by the Production House, Company and/ or Panel regarding his/her background, family history, singing experience, etc.
iii. The Act shall be conducted via video call, teleconferencing, or any other similar audio-visual media as may be decided by Company.
iv. The Act of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of their versatility, style, overall personality, stature of their performance, voice quality, 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 the Panel shall be final in this regard and neither the Participants nor any one on their behalf (including his /her Parent) shall have any objection to the same .
v. The Company reserves the right to select any number of Participant(s) from the Video Auditions as Show Players. The Parents of all Participant(s) selected and shortlisted as Show Players shall be intimated about their selection vide an email and/or telephone that has been provided by the Parent at the time of registration or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant and Parent of the Participant shall be solely responsible for checking the email/calls received from the Company. The Parent of the Participant selected as Show Player shall be required to give a confirmation of the Participant’s participation in the Program upon receiving an email or call, as the case may be.
vi. It is clarified that in the case of Participants who have either been disqualified or not shortlisted as Show Players shall not receive any communication in respect of the same.
18. The Participants selected as Show Players and their Parent(s) shall:
i. ensure that they will make themselves available for all shoot dates and travel locations to any place for the shoot of the Program as may be informed by the Company from time to time;
ii. reside in any place in India decided by the Company at its sole discretion, during the shoot schedule of the Program;
iii. attend the Studio at the time and date communicated by the Company. In the event of the failure of any of the Show Player(s) or their Parent from attending the Studio or location as specified by the Company for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Program and the Company shall be free to select any other participant at its own discretion. For avoidance of doubt it is clarified that the decision of the Company shall be final in this regard, binding on the Parent and the Participants and neither the Participants nor any one on their behalf (including his /her Parent) shall have any objection to the same.
iv. solely bear the cost of arranging the requisite travel documents (including but not limited to valid passport, requisite visa, etc.), however, the cost of travelling & lodging of such Show Player(s) and Parent of the Show Player shall be borne by the Company and/or Production House on actuals and upon submission of original bills etc. subject to the same falling within the fixed cost bracket as decided by the Company at its sole discretion and communicated to the Show Player(s) and Parents of the Show Player(s) and subject to the Show Player(s) and Parents of the Show Player providing the Company with actual receipts/documentation evidencing such expenses.
19. The Company reserves the right to select any number of Participants(s) as Show Player(s) from the Audition or otherwise as it deems fit in accordance with the Program requirement and all such decision shall be final and binding on all Participants and neither the Participants nor any one on their behalf (including his /her Parent) shall have any objection to the same.
20. Participant(s) who have participated in singing based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Participant(s) and Parents of the Participants 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.
21. It is clarified that the Participant(s) and Parents of the Participants shall be solely responsible to make all arrangements for facilitating their Act and the Company shall not be responsible to provide the same.
22. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Company/Panel shall be final and binding on all the Participants(s) and in no event shall the Participant(s) dispute the decision made by the Company or its employees in connection with the Program. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection of the Show Player(s), the decision of the Company shall be final and binding.
23. The Company and /or the Production House Panel (as the case may be) reserve the right to stop/interrupt the performance of the Participant(s) at any given point during any of the Levels of the Auditions and the Participant(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 Participant(s) and /or the Act beyond a reasonable time period. For the purposes of this Auditions, reasonable period shall mean 30 (thirty) seconds. The Participant shall abide by the decision of the Panel /Company/Production House in this regard.
1. Children of employees of the Company and its affiliates, of the Production House or its affiliates, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also children of employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Hindi or English; are ineligible to participate in the Auditions. Further, failure to provide proof 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 hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s) and their Parent.
2. In the event the Participant and Parent of the Participant(s) is found to be in violation of any applicable laws at any point of time during the Auditions and /or Digital 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 Digital Auditions and /or Auditions.
3. The Parent of a Participant, represent to the Company that the Parent of the Participant is free and competent to enter the Auditions on behalf of himself/herself and the Participant; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein.
4. Participant(s) who have participated in singing based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant, at any time, at any Level of the Auditions, on such ground, based at its sole discretion. The Participant(s) and Parents of the Participants 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.
5. The Parent of a Participant below the age of majority as per applicable laws 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 Participant has read, understood and accepted the Privacy Policy and understand and agree that my Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy.
(b) The Personal Information may include information of the Participant and the Parent, 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, Audition Clips, videos.
(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, in respect of the Auditions/Program on the channel(s) owned and/or operated by the Company and its affiliate and/or the digital platform ( Hotstar)– Novi Digital Entertainment Pvt. Ltd.
(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 has informed the Participant and the Parent of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, of his/her rights to: (i) review his/her Personal Information for deficiencies and inaccuracies, and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify my entry and/or participation in the Auditions and /or Program, as deemed fit and necessary by the Company at its sole discretion.
(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 Participant and the Parent of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, with the option to opt out of providing his/her Personal Information, and the Participant has not exercised such option.
6. The Participant and Parent of the Participant(s) shall not make any claims against STAR, 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 Audition Clips, etc. If the Participant is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy or any other documentation, the corresponding Entries will be disqualified.
7. STAR shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Submit” button. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal data or information.
8. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant(s) and Parent of the Participant 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 Parent of the Participant shall hold harmless the Channel, Company, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s) and/or the Parent of the Participant, 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.
9. By entering the Auditions, each Parent, on behalf of the Participant, and himself/ herself, acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Auditions, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards associated with entering the Auditions (if any), notwithstanding the foregoing, under no circumstances will the Company and/or its entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
10. The Participant and the Parent of a 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 the Parent of a Participant, 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.
11. The Company reserves all rights to make amendments to the Levels of Auditions, Auditions Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant and Parent of the Participant to check the Terms and Conditions for the Auditions on the Website/Platform from time to time. STAR also reserves the right to discontinue and/or cancel and/or postpone the Auditions/Program without any prior intimation to the Participant and Parent of the Participant.
12. The Company shall in no manner whatsoever be responsible for security of Participant(s)’s Entry and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.
13. The Participant and 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/ Auditions. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Auditions /Program. The Participant and Parent of the Participant further confirms that he /she is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).
14. No purchase or payment of any consideration is necessary to enter the Auditions. The only way manner of participation in the Audition is via Digital Auditions as described in these Terms & Conditions.
15. The Participant(s) and Parent of the Participant(s) is required to furnish necessary supporting documentation in original (i.e., school leaving certificate, college leaving certificate) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant(s) and Parent 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 STAR 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.
16. Participant and Parent of Participant hereby expressly acknowledge that no fees, royalties, residuals, or other consideration will be payable in respect of any broadcast, subsequent rebroadcast or retransmission or any other use by the Company and/or the Producer (or any assignees or licensees) of the Show or any part thereof in any manner or media now known or hereafter invented.
17. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and Parent of 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 Digital Auditions and Video Auditions for the purpose of introducing new Participants for participating /competing in the Program.
18. Company reserves the right to introduce, at any time and in its sole discretion, and without any prior intimation to the Participants and Parent of the Participant(s) and/or the public, any other prospective shortlisted Participant(s) at any Level of the Auditions. Such decision of the Company shall be final and binding upon all the Participants and their Parents.
19. The Company reserves the right, in its sole discretion, to select any number of Participant(s) from each Level of the Auditions.
20. For avoidance of doubt it is clarified that any and all decisions of the Company and/or the Panel made with respect to the Program/Show/Auditions shall be final and neither the Participants nor any one on their behalf (including his /her Parent) shall have any objection to the same.
21. 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 Participant(s) at any given point during any of the Levels of the Auditions and the Participant(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 any of the performance of the Participant(s) and /or the Act(s) beyond a reasonable time period. For the purposes of this Auditions, reasonable period shall mean 30 (thirty) seconds. The Participant shall abide by the decision of the Panel/Company/Production House in this regard.
22. The Company will not entertain any requests or claims to check/ audit/ challenge the logic of factors relevant for the selection of the Participant(s).
23. Only Parents of Participant must enter the Auditions voluntarily on behalf of the Participant and Entry(ies) by the Participant on his/her own or by any other proxy (except the Parent) will not be accepted.
24. The Channel/STAR reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant or the Parent of the Participant. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and Parent of the Participant(s) and also STAR /Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.
25. In case for whatever reason any Participant and Parent of the Participant(s) is not agreeable to travel, stay, etc., the Company will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.
26. Participant(s) and Parents of Participants agree not to bring any weapons, alcohol or non-prescription controlled substances for any part of the audition and agree to irrevocably allow the Company to conduct a discreet inspection of the Parent’s belongings to ensure strict compliance of this condition.
27. 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 of the Participant shall without limitation be bound by such decision of the Company.
28. 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.
29. The Participant(s) and Parent of Participants shall not grant or publish any interviews, or share any information verbally or in writing including news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the names and identity of the selected Show Players, judges or the format of the Program or any aspect related to the Program or any information regarding the Company without Company’s prior written consent in each instance. The Participant and Parent of Participants 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.
30. The Participant(s) and Parent of the Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) and Parent of Participants 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.
31. Participant(s) and Parent of Participant(s) specifically agrees and acknowledges that any disputes or claims shall be resolved individually and the participants agree to not file by resort to any form of class action and or through any family member and or through any third party applications, criminal and/or civil proceedings in any courts or forums against the Producer and/or Company and/or their directors, employees, affiliates or subsidiaries to claim any damages.
32. Participant(s) and Parent of Participants agrees to not attempt to gain unauthorized access to servers or networks connected to the Company’s services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of the Company’s services.
33. At all times, Participant(s) and Parent of the Participant agrees that the decisions of the Organizers shall be final and binding and they shall not have any claim against such decisions taken by the Organizers in respect of the Audition and the Show.
34. Non-conformance by any Participant and by the Parent of the Participant the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, or Privacy Policy then STAR will at its sole discretion be entitled to disqualify their Entry on an immediate basis.
35. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company (“Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Show/ Programs/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participants and Parent of Participants.
36. Notwithstanding a Participant 's participation in the Program/ Auditions there is no obligation on the part of the Company to broadcast the Program, nor any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.
37. The Company shall not be responsible if the Participant(s) and Parent of the Participant is not available at the telephone numbers provided by them and/or does not respond to the emails sent to them, as a result of which, the Participant may lose his/her chance to participate then such decision of the Company shall be final and binding.
38. Participant(s) and Parent of Participants specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot 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.
39. For the purposes of this Audition, by uploading and/or submitting his/her audio/video on the Youtube platform, the Participant(s) and Parent of Participant agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Youtube. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant and Parent of Participant shall be responsible for checking the same without any recourse to Star India. If the audio/video is unavailable for reasons including but not limited to non-compliance with Youtube’s Terms and Conditions, suspension of account or any other reasons then such entry(ies) shall be considered invalid.
40. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants and the Parent of the Participants agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant and /or natural guardian/legal guardian of the Participant(s) on behalf of the Participant(s), on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant and /or natural guardian of the Participant(s) on behalf of the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant or the natural guardian on the behalf of minor Participants hereby agree that neither the Participant(s) nor his/ natural guardian shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company. The Participant and /or Parent of the Participant(s) on the Participant(s)’ behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.
41. 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 of the Participant(s) further agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant and the Parent of a Participant acknowledges that the Entry submitted and /or Audition Clips submitted and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.
42. The Participant and Parent of Participants agree and acknowledge that the Channel /STARshall 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).
43. The Participant and Parent of Participants shall make themselves available from time to time and co-operate with the Channel and/or STAR 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/ additional consideration to the Participant. Further, the Participant and Parent of Participants shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.
44. Participant(s) and the Parent 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 all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR 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 or the Channel without notice to the Participant and Parent of the Participant(s) and without any further compensation to the Participant and Parent of the Participant(s).
45. The Participant and Parent of 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, its affiliates, their respective employees, officers, directors, affiliates, group companies or any other person from and against any loss suffered by the Company and/or the Production House or 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 including for a breach of these Terms and Conditions, 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.
46. The Participant and Parent of the Participant(s) ) agree to keep STAR, the Channel, its affiliates, their respective 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 Audition Clip, by STAR and /or any of its affiliate companies and/or channels.
47. Each Participant(s) and Parent of Participant(s) hereby acknowledges and agrees that the relationship between the Participant(s) and the Company and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
48. Participants acknowledge that the Company in no way warrants, represents, guarantee or promise any rewards or prizes for Participant’s participation in the Audition.
49. The Participant and the Parent of Participant agrees that STAR shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. STAR shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) and Parent of Participants acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.
50. Certain information relating to the Production House, STAR, the Program, Channel, will be disclosed to the Participant(s) and Parent of 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, as the case may be. Participant(s) and Parent 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.
51. 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. Participants, Parents of Participants, or any other persons(s) acting for or on behalf of the foregoing (together, the " Complying Parties") will comply strictly with all applicable anti-corruption laws and regulations. Specifically, the Complying Parties have not taken and will not take any action in furtherance of an offer, payment, promise to pay, or authorization of the payment of money or giving of anything of value, either directly or indirectly, to any person while knowing that all or some portion of the money or thing of value will be offered, given or promised to anyone to improperly influence official action, to obtain or retain business or otherwise to secure any improper advantage, (b) The Complying Parties will engage only in legitimate business and ethical practices in commercial operations, in relation to dealing with any governmental officials or government authorities or third parties pursuant to and in relation to these Terms and Conditions, and (c) In the performance of these Terms and Conditions, under no circumstances will Participant or Parent of a Participant engage the services of any third party or external consultant whose purpose or activities will be to interact with government officials or authorities on behalf of Star, without prior written consent of Star.
52. All obligations, representations, warranties, grant of rights in relation to a Participant shall be deemed to be provided by the Parent of the Participant on behalf of himself/herself and the Participant.
53. The Company shall not be responsible for any errors or omissions in the terms and conditions contained herein.
54. 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.
55. Participant and Parent on behalf of the Participant(s) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations and this survival clause shall survive the efflux of time and the termination of these Terms and Conditions.
56. The participation of the Participant the in the Auditions shall mean that the Participant and 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, as provided on the Website.
57. 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 Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) Parent on behalf of the Participant(s) who has raised the dispute.
58. Subject to the provision of paragraph 57 above, the Courts having exclusive jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.