Vijay Super – Selfie with Pei
TERMS AND CONDITIONS
The following Principal and General rules are the rules and regulations (“Terms and Conditions”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agrees to participate in the “Selfie With Pei Challenge” (hereinafter referred as ‘Contest’) which will be hosted by Star India Private Limited (“SIPL/ Company ”) on the Instagram profile of Vijay Super @vijaysuperofficial (“Vijay Super Instagram Handle”) ( hereinafter referred to as “Platform”) as a part of the promotion and viewer engagement during the telecast of the films titled “Pissasu” and "Sangili Bungili Kadhava Thorae” ("Film/s”) on its Tamil movies channel, “Vijay Super” (“Channel”) on 2nd November 2023 and 3rd November 2023. “Participant” shall mean a participant, who resides in India, is a citizen of India, is physically present and located in India.
The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of SIPL for all matters relating to the Contest shall be final and binding in all respects.
SIPL reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The Terms & Conditions and revised terms if applicable, will be effective immediately upon uploading the same on https://www.disneystar.com/legal-terms-policies/, unless otherwise mentioned. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defence in any proceeding with regard to the Contest.
These Terms and Conditions are irrevocably binding on each Participant who voluntarily participates in this Contest. The privacy policy available at https://www.disneystar.com/legal-terms-policies/#wpp (“Privacy Policy”), which is deemed accepted and agreed to by every Participant, by agreeing to participate in Contest, shall govern all usage of any Personal Information (as defined in the Privacy Policy available at the aforementioned link) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by SIPL under or pursuant to the Contest.
The Participant by uploading and /or submitting his Entry (s) on the Platform, agrees and undertakes to be unconditionally bound by the terms and conditions, terms of use, privacy policy, and user-generated content policy of Instagram, LLC and acknowledges that such Platform reserve the sole and exclusive right to make amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same and abiding by the same without any recourse to SIPL for any reason whatsoever. The Participant will be solely responsible for complying with the terms stipulated by Instagram, LLC, and shall not at any time hold SIPL responsible for any inability on the part of the Participant to submit Entries by reason of any restrictive terms imposed by such Platform and/or on account of the Participant’s failure to comply with the terms imposed by the Platform.
Your act of participating in the Contest as detailed below shall be deemed to be the Participant’s absolute agreement to the Terms and Conditions contained herein, Personal Data Privacy Policy, Privacy Policy, User Generated Content of SIPL, and Website Terms of Use (collectively, “Policies”) of SIPL as prescribed from time to time and available at https://www.disneystar.com/legal-terms-policies/#wpp (“Website”). These Terms and Conditions are made available at https://www.disneystar.com/legal-terms-policies/#wpp (“Terms & Conditions Website”). These Policies may be amended by SIPL at any time without prior notice to the Participant. Your failure to agree to these General or Principal Rules (as stated herein below) or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Contest. The Contest shall be governed by the Terms and Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same.
PRINCIPAL RULES
(I) Entrants’ Eligibility:
(a) The Contest is open only to persons who are citizens of India and shall be of 18 years of age and above.
(b) The Participant must have a valid and existing Instagram account during the Contest Period.
(c) Permanent and/or contract employees and directors of SIPL, its parent, subsidiary, and affiliated companies, advertising and promotion agencies (collectively “SIPL Entities”) and each of their immediate family members are not eligible to enter the Contest.
(II) Contest Procedure:
(a) The Contest shall start on November 2, 2023, at 09.30 p.m. IST and end on November 4th, 2023 at 12.51 a.m. IST (“Contest Period/Period”).
(b) To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period.
i. Log in to the respective Platform using Your Instagram account/credentials and click on the relevant page/tab of the Contest on the respective Platform or in any other manner or form as may be prescribed /requested on the respective Platform. For the purpose of participating in this Contest, it is mandatory that the interested Participant (s) mandatorily have a valid Instagram account and must be residing in India during the Period of the Contest;
ii Follow the Vijay Super Handle and /or page on the respective Platform;
iii.Participant(s) will have to share a selfie/s with the visuals of ghost from the Film/s during the telecast of Film/s in Vijay Super channel (on 2nd and 3rd November, 2023) on the Platform (i.e., @vijaysuperofficial Instagram page) using the hash tag #SelfieWithPei (“Post/Posts”);
iv. @vijaysuperofficial Instagram page should be tagged in the post by the Participant(s).
(c) For purposes of the Contest, “receipt” of Entry occurs only when the Participant (s) log onto the Platform in the manner as stated hereinabove, mandatorily having a valid Instagram account and being a resident of India during the Period of the Contest, following the Vijay Super Handle and /or Page on the Platform, taking a selfie with the visuals of ghost from the Film/s during the telecast of Film/s in Vijay Super channel and posting the same on the Platform (i.e., @vijaysuperofficial Instagram page) using the hashtag #Selfiewithpeichallenge,(“Hashtag”) shall be considered as a complete and valid entry (“Entry/ies”). For the avoidance of doubt, if the Participant(s) does not have a valid Instagram account or is not a resident of India then his/her Entry shall be considered incomplete, and the Participant(s) shall be ineligible for the Gratification (as defined herein below). The Participant (s) agrees and acknowledges that by submitting the Entry and/or Post/s, the Participant(s) is representing that the Post(s) or contents thereof are not confidential or comprise any sensitive personal information. It is further clarified that the Participant(s) cannot make offensive and/or obscene selfie/s. Any Entry and/or Post/s comprising of such selfies shall be considered null and void and shall not be eligible for the Gratification.
(d) Each Participant(s) consents to the use of information submitted by the Participant(s) as part of the Contest including but not limited to the Entry and / Selfie and/or Post/s for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use by SIPL of the Post/s in any mode and media including but not limited to any channels/platforms / social media pages owned and operated by SIPL, as SIPL may deem fit for the purpose of promotion of the Contest. Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby grants to SIPL a non-exclusive, irrevocable, unlimited, royalty-free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, in the Post/s forming part of it, to utilize the Post/s in any manner deemed fit by SIPL, including but not limited inter alia, in a digitally modified format in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Contest, as deemed fit by SIPL. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s) waives off his “Moral Rights” with respect to the Post/s or any part thereof as required. The Participant agrees and authorizes SIPL to digitally modify, edit, and truncate, the Post/s submitted by the Participant(s) for the purpose of creation of modified pictures using the selfie (s) like collage, etc. (“Modified Post/s”) The Participant undertakes not to create any lien, charge, or other encumbrance, on the Post/s at any time without the prior written consent of SIPL. The Participant agrees that SIPL shall be entitled to exploit the Post/s including the Modified Post/s in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Post/s in any manner deemed fit by SIPL in its sole discretion. It is agreed that all rights, title, and interest in the Post/s along with the image including rights in any form of intellectual property and rights in any form of exploitation will be owned by SIPL throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, or interfere with the utilization of the Modified Post/s by SIPL or any third party authorized by SIPL, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, and ‘Cinematograph Film’ 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 jurisdiction throughout the world.
(e) The Participants shall ensure that the submitted Post/s is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third-party including rights in any form of intellectual property, etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that (i) belongs to another person and to which the Participant does not have any right; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; (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 or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (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 cognizable offence or prevents investigation of any offence or is insulting to any other nation. For the avoidance of doubt, the Participant(s) agrees that SIPL has the right to remove any such material/ Post/s which may not be in consonance with the applicable laws.
(f) The Participant(s) further represents and warrants that the Post/s being submitted by him/her shall be original. Particularly, the Participant(s) represents that he/she has the complete authority to submit the Post/s and agrees to indemnify and hold harmless SIPL from and against a suit/litigation/injury/damage/harm/loss suffered by SIPL in connection with the same. All necessary licenses and permissions required for the utilization of the Selfie / Post / Entry (s) by SIPL for the purpose of the Contest have been secured by the Participant in accordance with the existing Terms and Conditions and applicable laws without any recourse to SIPL. In the event the publishing AND /OR EXPLOITATION of the Selfie / Post / Entry (s) 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, the Platforms and/or SIPL shall have the right to at their discretion to edit/ remove/cut the contentious portion and re-publish such Selfie / Post / Entry (s) or reject the Selfie / Post / Entry (s) altogether, and the Participant agrees not to object to the same. The Participant(s) 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 the Selfie / Post / Entry (s).
(g) Participants may send as many Entries and/or Post/s as they desire but only Entry and/or Post/s received before the close of the Contest Period shall be considered valid for the Contest. Participant(s) agrees and understands that submission of more than one Post/s shall not result in a higher chance for the Participant(s) to win the Gratification. Participant agrees to not spam the Platform. In case, a Participant is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.
(h) The Entry should state all the required information asked from the Participant(s) at the website and/or in these Terms and Conditions. If the same is not complied with, then the Entry will not be considered eligible for the Gratification and will be disqualified.
(i) SIPL shall not be responsible for any Entry/Entries submitted but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or electricity failure and/or any reason whatsoever.
(III) Selection Process:
(a) During the Contest Period, at the end of each day on the basis of the Participant(s) having made a valid Entry, and /or Post/s submitted, SIPL shall at its discretion shortlist a maximum number of 40(forty) Participant(s) on first cum first basis the time stamp of their Entry and the quality, uniqueness and creative nature of the Entry or any other criteria as deemed fit by SIPL (“ Shortlisted Participant(s)”). SIPL shall publish/broadcast the Entry /digitally modified Post/s of such Shortlisted Participant(s) (“Modified Post/s”) only on the Channel or any platform or media as decided by SIPL at its discretion. These Shortlisted Participants shall be selected and declared based on the criterion mentioned hereinabove by way of first cum first basis on the basis of the time stamp of their Entries). The sole gratification for the Shortlisted Participants shall be that SIPL shall share the Post/s / Modified Post/s on Vijay Super social media platforms between 2nd November 2023 and 4th November 2023 subject to internal approvals of SIPL and or the Channel (“Gratification”) on the Channel or any mode and media or any other platform/social media pages owned and operated by SIPL and /or its affiliates, as deemed by. Shortlisted Participants agree that the Gratification is the only prize for the Contest and no monetary prize will be awarded to the Shortlisted Participant(s). For the avoidance of doubt, it is clarified that SIPL’s decision in regard to the selection and declaration of the Shortlisted Participant(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are Shortlisted Participant(s) based on the criterion mentioned hereinabove, by SIPL at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Shortlisted Participant shall not be entitled to any other form of gratification (monetary or otherwise). Entry and/or Post/s sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.
(b) SIPL reserves the right to announce the name and/or publish the Post/s / Modified Post/s of the Shortlisted Participant(s) either on-air on the Platform including but not limited to SIPL’s other social media platforms and /or Channel.
(c) All decisions of SIPL shall not be subject to any appeal of any nature whatsoever. Participation in the Contest shall be construed to mean that the Participant(s) has waived his/her right to dispute any decision(s) made by SIPL in relation to the Contest and/or Gratification, to the extent applicable under law.
(d) The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Shortlisted Participant(s)/ agrees and undertakes that no cash equivalent or alternative prize will be given to the Shortlisted Participant(s)and the Shortlisted Participant(s)/ cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Shortlisted Participant(s) and the Shortlisted Participant(s) cannot transfer the Gratification to any other person.
(e) The Shortlisted Participant(s)/ shall not in any circumstances make any claims against the SIPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to their participation in the Contest or any related activity, to the extent permitted under law. If the Shortlisted Participant(s)/ is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry and/or Post/s will stand disqualified and such decision shall be final and binding.
(f) SIPL shall in no manner whatsoever be responsible for the security of Participant(s)’s/ Shortlisted Participant(s)’ and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.
(g) By participating in the Contest, it is construed that the Participant(s) has read and understood these Terms and Conditions, Privacy Policy including the General Rules stated below and Participant(s)’ act of participation in the Contest will be deemed acceptance to abide by the same.
(IV) GENERAL RULES
1. The Participant(s) interested in participating in the Contest must be above the age of 18 years and residing in India during the Contest Period and at the date of the Gratification. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Contest.
2. Proof of age, if requested, of the Participant(s)/Shortlisted Participant(s)/Winner(s) and/or the family members of the Winner must be submitted to SIPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).
3. The Participant hereby agrees that any dispute arising between the Participant and the Platform shall be resolved directly between such parties without any reference or recourse to SIPL.SIPL reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Contest on the Website of the Channel.
4. Non-conformance by the Participant(s)/ Shortlisted Participant (to any and all the Terms and Conditions herein or as set by SIPL from time to time will make such Participant’s/ Shortlisted Participant(s) Entry null and void.
5. SIPL reserves the right to disqualify any Participant(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by SIPL from time to time. The decision of SIPL in this regard shall be final and binding upon the Participant(s).
6. By participating it is deemed that the Participant(s) have read, understood, accepted, and agree to abide with all the Terms and Conditions of the Contest.
7. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the Terms and Conditions the decision of SIPL shall be final in this regard.
8. The Shortlisted Participant(s) agree that he/she shall not hold SIPL and/or its employees, responsible for delays or any problem in connection to the Gratification.
9. The Shortlisted Participant(s) agrees that if due to any reason, whatsoever, beyond the control of SIPL the Gratification and/or anything in connection to the Gratification and/or the enjoyment of the Gratification becomes ineffective or invalid, SIPL cannot be held responsible and/or liable for the same.
10. SIPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, or mental trauma caused to the Participant(s) and/or the Shortlisted Participant(s)/ in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Gratification.
11. SIPL reserves the right to forfeit the Gratification in the event it is found by SIPL that any information provided by the Participant(s) and/or the Shortlisted Participant(s)/ is wrong, fraudulent, or any misrepresentation is made by the Participant(s) and/or the Shortlisted Participant(s)/Winner(s). In this contingency, SIPL shall have the right to declare another eligible Participant(s)/Shortlisted Participant(s) who qualifies as per the criteria stated above, as the Winner of the Contest and transfer the Gratification to that person.
12. The Shortlisted Participant(s)/Winner(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by SIPL in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to SIPL.
13. The Participant(s)/Shortlisted Participant(s) acknowledges that in case the performance of this Contest and/or availing the Gratification cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 5 days, then SIPL shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/ Shortlisted Participant(s)/ forthwith and such decision shall be final and binding.
14. The Participant(s) and/or the Shortlisted Participant(s)/ shall not in any circumstances make any claims against SIPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults (directly or indirectly), to the Participant(s) and/or the Shortlisted Participant(s) participation or non-participation in the Contest or any related activity. If the Participant(s) and/or the Shortlisted Participant(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.
15. The Participant(s) and/or the Shortlisted Participant(s)/ shall hold harmless and indemnify SIPL, 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 Winner(s) and or their family members/friend’s invited by the Winner(s) in any manner whatsoever in connection with the Contest and/or the Gratification and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
16. The Participant(s)/ Shortlisted Participant(s)/ shall hold harmless and indemnify SIPL, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by SIPL in connection with any act of the Participant(s)/ Shortlisted Participant(sand/or the Contest and/ohennr Post/s, text in the Post/s and/or any third party rights claims with respect to the material submitted by the Participant(s)/ Shortlisted Participant(s)/Winner(s).
17. The Shortlisted Participant(s)/of the Contest agrees that he/she shall make himself/herself available from time to time and cooperate with SIPL and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Shortlisted Participant(s)/. Further, the Shortlisted Participant(s)/ shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Shortlisted Participant(s)/Winner(s) gives his/her consent to SIPL and/or any other agency on behalf of SIPL to make the footage of the participation in the Promotional Activity The Shortlisted Participant(s)/ in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Shortlisted Participant(s) shall vest with SIPL, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and SIPL may exploit the same in any manner and in any media whatsoever at any time throughout the world.
18. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/ Shortlisted Participant (s) and SIPL and its affiliated companies is not a confidential, fiduciary, or any other special relationship.
19. Participant(s) / Shortlisted 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.
20. The Participant(s)/ Shortlisted Participant(s) agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Contest, the Gratification, and/or any other aspect related to the Contest.
21. Participant acknowledges that Participant’s representations, warranties, confidentiality, indemnities, grant of rights in the Post/s, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
22. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest shall be referred to a sole arbitrator appointed by SIPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Chennai, the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.
23. In case of any dispute or other matter arising in reference to the Contest, subject to the provision of Clause 22 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Chennai, India.