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 agree to participate in the “#VTAFanArt” (hereinafter referred as ‘Contest’) which will be hosted by Star India Private Limited (“SIPL/ Company/ Star”) on the Instagram profile of Star Vijay, i.e. www.instagram.com/vijaytelevision @ (“Star Vijay Instagram Handle”) on Instagram (hereinafter referred to as “Platform”) as a part of the promotion and marketing strategy for their Tamil channel , “ Star Vijay ” (“Channel”) and the televised award show, “Vijay Television Awards”(“Event and /or Program”).
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/terms/contest-terms-conditions/vijay-Gollu-contest/ (website) 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.
To participate in the Contest, the Participant may be (if required) required to disclose his/her personal information to SIPL from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). SIPL is committed to protecting the privacy and the confidentiality of the Personal Information received. SIPL uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such Personal Information and /or any information or content gathered through these Terms and Conditions is dealt in the manner laid down in the Privacy Policy which is accessible at https://www.disneystar.com/legal-terms-policies/policies/website-privacy-policy-updated/ and the Personal Data Privacy Policy available at https://www.disneystar.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).
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 acknowledge that such Platforms 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 Platforms and/or on account of the Participant’s failure to comply with the terms imposed by the Platforms.
Your act of participating in the Contest shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). 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 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 Participant(s) interested in participating in the Contest must be Indian citizen, above the age of 18 (eighteen) years and a resident of Tamil Nadu State only.
(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 6 August 2024 at 6 pm IST and end on 9 Aug 2024 at 11:59 pm 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:
- log in to the Platform using his/her Instagram account/credentials and click on the relevant page/tab of the Contest on the Platform or in any other manner or form as may be prescribed /requested on the 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.
- Mandatorily Tag the Star Vijay Handle and /or page on the Platform.
- Participant (s) shall thereafter be required to submit and /or upload a drawing/painting/digital painting, developed or created by them featuring his / her favourite television artist from the programs aired on the Channel (“Artist”) in Photo/Scanned version on his /her Instagram account/ profile by mandatorily using the pre created Hash Tag, “# #VTAFanArt” (“Hashtag”) and tagging the Star Vijay Handle (hereinafter collectively referred to as “Picture(s)”). It is further clarified that for the purpose of participating in the Contest and to be eligible for the Gratification, it is mandatory that the Participant shall post the Picture(s) along with the Hashtag and tagging of the Star Vijay Handle. If the Participant submits or uploads the Picture without the Hashtag and /or Star Vijay Handle , then his / her Entry shall be automatically be disqualified from the Contest.
- For purposes of the Contest, “receipt” of Picture(s) occurs only when the website server records the Picture(s) information upon the Participant clicking “Submit/Post” button on the respective Platform. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt. Logging onto the Platform in the manner as stated hereinabove , mandatorily having a valid Instagram account , tagging the Star Vijay Handle ,and being a resident of Tamil Nadu during the Period of the Contest, following the Star Vijay Handle and /or Page on the Platform, submitting the Picture(s) in the manner as prescribed herein on the Platform mandatorily along with the Hashtag in the manner as stated therein and as per the terms stated on the Platform, shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) provides or submits the Picture(s) without the Hash Tag on his/her profile and /or without tagging the Star Vijay Handle , which is not original , and /or submits a Picture(s) which is not original or which is copy or which infringes the rights of any third party and /or is not created by him / her or if the Participant does not have a valid Instagram account or is not resident of Tamil Nadu then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Gratification. The Participant (s) agrees and acknowledges that by submitting the Entry and /or Picture(s), the Participant(s) is representing that the Entry(s) and /or Picture(s) or contents thereof are not confidential or comprise any sensitive personal information. It is further clarified that the Participant(s) cannot make (a) blank Picture using just the Hash tag (b) offensive/abusive Picture (c) submitting and re-submitting the same Hashtag more than once (i.e, making the same Entry many number of times in order to be selected as Winner (d) Picture which do not make relevant sense (irrelevant to the contest).Any Entry comprising of such Hashtags shall be considered null and void and shall not be eligible for the Gratification.
(c) Each Participant(s) consents to the use of information submitted by the Participant(s) including the Picture(s) for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use by SIPL, the Picture(s) in any mode and media including but not limited to any channels / platforms / social media pages owned and operated by SIPL, as deem fit by SIPL 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 Picture(s) forming part of it, to utilize the Picture(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 Picture(s) or any part thereof as required. The Participant agrees and authorizes SIPL to digitally modify, edit, truncate, the Picture(s) submitted by the Participant(s) for the purpose of creation of Modified Picture(s) (s) as set out below. The Participant undertakes not to create any lien, charge, or other encumbrance, on the Picture(s) at any time without the prior written consent of SIPL. The Participant agrees that SIPL shall be entitled to exploit the Picture(s) including the Modified Picture(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 Picture(s) in any manner deemed fit by SIPL in its sole discretion. It is agreed that all rights, title, and interest in the Picture(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, interfere with the utilization of the Picture(s) or Modified Picture(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’, ‘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 and every jurisdiction throughout the world.
(d) STAR India reserves the right to disqualify any Participant(s)/Shortlisted 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 STAR India from time to time. STAR India reserves the absolute right and discretion to reject any “Entry/Video” or any part thereof at any stage of the Contest, including after declaring the Shortlisted Participants if STAR India receives any notice or complaint relating to the Entry/ Video not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;
(e) The Participants shall ensure that the submitted Picture(s), part of it 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, pedophilic, libelous, 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/Picture(s) which may not be in consonance with the applicable laws.
(f) The Participant(s) further represents and warrants that the Picture(s) being submitted by his/her shall be original. Particularly, the Participant(s) represents that he/she has the complete authority to submit the Picture(s) and agrees to indemnify and hold harmless SIPL from and against any suit/litigation/injury/damage/harm/loss suffered by SIPL in connection with the same.
(g) Participants may send as many Picture(s)(s) as they desire from a particular Instagram account but only Pictures 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 Picture(s)(s) shall not result in a higher chance for the Participant(s) to win the Gratification. Participant agrees to not spam the same Picture(s) multiple times. In case, a Participant is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.
(h) The Picture(s) submitted 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 Picture(s) will not be considered eligible for the Gratification and will be disqualified.
(i) SIPL shall not be responsible for any 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.
(j) At the end of the Period on the basis of the Participant(s) having made a valid Entry, all the Entries submitted across all Platform and fulfilling the criteria set out herein shall be on the basis of the time -stamp of the Entries so submitted across Platforms during the Period , good quality,originality of the Picture and /or any such other criteria as may be solely determined by Star India/Channel at its sole discretion and accordingly shortlist 25(twenty five ) Entries (“Shortlisted Entries/ Shortlisted Participants”). The Pictures of these Shortlisted Winners shall be selected to be published and publicly displayed at the venue of the on-ground Event. In case Star India is desirous of increasing or decreasing the limit of the Shortlisted Entries, it is free to do so at its sole discretion without any objection. Additionally, Star shall be entitled to further select and shortlist any number of Pictures from the valid Entries made during the Period, edit or modify the same and make a collage of such Pictures in an audio visual format and Exploit it vide any mode or media as deemed fit by Star at its sole discretion (“Video” (s)). It is further clarifies that Star is free to amend and /or modify the quantum and number of such Shortlisted Entries and /or Videos (as the case maybe) and the Participants shall be unconditionally bound by such decision of Star. For this purpose, STAR India shall either (i) tag the respective Shortlisted Participants and /or Artist as deemed fit at its sole discretion.
(k) Participant(s) and /or Shortlisted Participant agrees and consents to the use and /or Exploitation by STAR of the Entry(s) and /or Picture and or the Video(s) on any social media page of STAR and /or any other mode or media or platform as may be deemed fit by Star at its sole discretion for the purpose of promotion of the Channel and /or Event and / Program . Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby assigns in favour of STAR a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, on an outright basis ,all Intellectual Property vested in the in the Entries including the Entry(s) and /or and /or Picture and /or the Video(s) forming part of it, to Exploit the Entry(s) and /or and /or Picture and or the Video(s) in any manner deemed fit by STAR at its discretion including but not limited to any other social media platform page of STAR, and/or 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 STAR. 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)/Shortlisted Participant (s) waives off his/her “Moral Rights” with respect to the Entry(s) and /or Picture and or the Video(s) or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Entry(s) and /or Picture and or the Video(s) submitted by the Participant(s) in any manner whatsoever. The Participant(s)/ Shortlisted Participant (s) undertake not to create any lien, charge, or other encumbrance, on the Entry(s) and /or Picture and or the Video(s) at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Entry(s) and /or Picture and or the Video(s) including the modified videos 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 Entry(s) and /or Picture and or the Video(s) in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in the Entry(s) and /or Picture and or the Video(s) including rights in any form of intellectual property and rights in any form of exploitation will be owned by STAR 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, interfere with the utilization of the Entry(s) and /or Picture and or the Video(s) and /or modified version of the aforementioned by STAR or any third party authorized by STAR, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘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 and every jurisdiction throughout the world. For the purposes of this Contest, “Exploitation” shall mean shall mean the exploitation of the Entry(s) and /or Picture and or the Video(s) 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 Entry(s) and /or Picture and/ or the Video(s), 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 Entry(s) and /or Picture and or the Video(s) including performances in the Entry(s) and /or and /or Picture and or the Video(s) 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 Entry(s) and /or Picture and or the Video(s) from one form/format to another and in relation to the Entry(s) and /or Picture and or the Video(s), 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 Entry(s) and /or Picture and or the Video(s) for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
(l) The final selection of the Shortlisted Entries/ Shortlisted Participants shall be made by STAR India and shall be final and binding on the entire Participant (s)/Shortlisted Participant s and in no event shall the Participant (s)/ Shortlisted Participants dispute the decision made by STAR India or its employees in connection to the Entry/Questions and /or the Contest and/or the Video. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of STAR India shall be final and binding.
(m) The Shortlisted Participants shall not in any circumstances make any claims against STAR India 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 or directly or indirectly, to the Shortlisted Participants participation or non-participation in the Contest or any related activity. If the Shortlisted Participants is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions the corresponding Entries will be disqualified.
(n) The Shortlisted Participants shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the on which this Contest is hosted.
(o) By entering the Contest, each Shortlisted Participants acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any), notwithstanding the foregoing, under no circumstances will STAR India and/or STAR India 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.
(p) By participating in the Contest, it is construed that the Participants has read and understood these Principle Rules including the General Rules stated below and has agreed to abide by the same. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Participant (s) and in no manner whatsoever shall the Channel/ STAR India, be responsible for the same.
(q) Irrespective of whether the Participants have been disqualified and /or their Entries have not been shortlisted by the jury of STAR India, STAR India shall continue to have the right to Exploit and /or publish the Entries submitted by the Participants on any platforms owned by STAR worldwide in perpetuity.
(r) For avoidance of doubt it is clarified that the final selection of the Shortlisted Participants made by Star shall be final and binding on all the Participants and in no event shall the Participants dispute the decision made by the STAR India or its employees. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning shortlisting of Shortlisting Entries to qualify for the Contest, the decision of STAR India shall be final and binding.
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)/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 any of the Platforms 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.
4. Non-conformance by the Participant(s)/Winners(s) (to any and all the Terms and Conditions herein or as set by SIPL from time to time will make such Participant’s Picture(s) 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 Winner(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 Winner(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, mental trauma caused to the Participant(s) and/or the Winner(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 Winner(s) is wrong, fraudulent or any misrepresentation is made by Winner(s). In this contingency SIPL shall have the right to declare another eligible 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 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)/Winner(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)/Winner(s) forthwith and such decision shall be final and binding.
14. The Participant(s) and/or the Winner(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 Winner(s)(participation or non-participation in the Contest or any related activity. If the Participant(s) and/or the Winner(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 Winner(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)/Winner(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)Winner(s) (and/or the Contest and/or Post, text in the Picture and/or any third party rights claims with respect to the material submitted by the Participant(s)Winner(s).
17. The Winner(s) of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with SIPL and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner(s). Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The 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 Winner(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 Winner(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 / Winner hereby acknowledges and agrees that the relationship between the Participant(s)/Winner(s) (sand SIPL and its affiliated companies is not a confidential, fiduciary, or any other special relationship.
19. Participant(s)/Winner(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)/Winner(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, 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.