YELLAMMA KUMKUMARCHANE ACTIVITY

Terms & Conditions

These terms and conditions (‘Terms’/’Terms and Conditions’) govern the activity titled “Yellamma Kumkumarchane Activity” (‘Campaign / Contest’) organized, conducted and brought to you by Star India Private Limited (‘STAR India’) for the promotion of viewership of the program titled “Udho Udho Shri Renuka Yellamma” (“Program”) being telecast on channel Star Suvarna  (“Channel”). 

You (‘Viewer(s)’/ ‘You’) may voluntarily participate in the Campaign / Contest if you agree with these Terms (‘Campaign / Contest’). If you do not agree or cannot comply with any of the Terms then, please do not participate in the Campaign / Contest. You can access/view these terms at the following URL https://www.disneystar.com/legal-terms-policies/terms/contest-terms-conditions/yellamma-kumkumarchane-activity-tc/. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify You from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects. The Campaign / Contest will be held on the Channel during the Campaign / Contesting Period and is open for participation by viewers in  Karnataka only. 

Star India reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on Website (defined below), unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. 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 required to disclose his/ her personal information to Star India from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). Star India is committed to protecting the privacy and the confidentiality of the Personal Information received. Star India uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such information in dealt in the manner laid down in the Privacy Policy of Star India available at http://www.startv.com/legal-terms-policies/#contest-tandc (‘Website’). 

Any information gathered through these Terms and Conditions shall be subject to our Privacy Policy which is available at our Website incorporated herein by reference. 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 and User Generated Content of STAR India 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. 

The Privacy Policy available at the Website shall govern all usage of any Personal Information 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 in relation to Your participation in the Contest gathered under or pursuant to this Contest by STAR India (if any).

 I PRINCIPAL TERMS

1. The Campaign / Contest will be announced and promoted on the Channel and/or social media platforms and/or any other means at the sole discretion of STAR India.
2. The Campaign / Contest will be open for a period of 6 (six) days ie., from 08:30 PM (IST) on May 27, 2024 and will end on June 1, 2024 at 09:00 PM (IST) (both days inclusive) (“Contest Period”).
3. On each day during the Contest Period, one mobile number will be displayed on a graphical slate during telecast of the episode of the Program ie., from 08:30 PM to 09:00 PM in the Channel and the Viewers will be asked to make a missed call to the said mobile number in order to get a chance to receive Kumkuma Prasada from from Savadatti Yellamma Temple. The Viewer(s) interested in participating and qualified for the Campaign / Contest (“Participant/s”) are required to give a missed call from their mobile phone to the mobile number displayed during telecast of episode of the Program in the Channel on each day during the Contest Period. The Participant/s will be given one (1) hour time from the end of episode of the Program ie., till 10:00 PM (IST) (“Timeline”) on each day to send their missed call. For the sake of clarity, the mobile number to which the missed call is to be given will be displayed only during telecast of the respective episode of the Program ie., from 08:30 PM to 09:00 PM in the Channel on each day during the Contest Period and at no other time slot.
4. The missed calls received by Star India after the Timeline on each day will not be considered and shall be deemed null and void without requirement of any further intimation by Star India. It is further clarified that the missed call made by the Participant/s to an incorrect mobile number or sent after closing of the Timeline will be deemed invalid. For the purposes of this Campaign/Contest, “receipt” of missed call occurs when the mobile/network operator records the missed call information upon the Participant’s sending the MISSED CALL. Any automated receipt confirmation does not constitute proof of actual receipt. It is clarified that there will be no formal communication or confirmation from Star India to the Participants of receipt of the missed call. Sending a missed call to the mobile number displayed during telecast of the episode of the Program on each day within the Timeline during the Contest period shall be deemed to be valid entry (“Entry”). By sending an Entry, the Participating is representing that the missed call or contents thereof are not confidential or comprise any sensitive Personal Information. It is clarified that each Participant (s) shall be allowed to send only one missed call from one particular mobile number and the Participant(s) shall not be allowed to give missed calls innumerable times from the same mobile number to the unique mobile displayed during telecast of the episode of the Program. If multiple missed calls are received from the same mobile number on any single day during the Contest Period, the first missed call from the mobile number will be considered and the subsequent missed calls will be rejected. However, Participant(s) are free to participate in the Campaign/ Contest by sending missed calls for every day during the Contest Period from the same mobile number.
5. It is clarified that while Star India shall not charge any cost or fee from the Participant(s) for participating in the Campaign/Contest and sending Entry(ies) through missed call, the Participant(s) shall enquire and be borne the costs /charges, if any, that may be levied by the telecom service provider for sending missed from the mobile number. All costs incurred by the Participant(s) to participate in the Contest shall be solely borne by the Participant(s) without any recourse to Star India. The Participant(s) are advised to contact their respective telecom service providers for the details of cost or charges if any.
6. STAR India will sufficiently promote the Campaign / Contest on the Channel and/or its social media platforms, to ensure that no Participant is misled, and each Viewer fully understands the entire process for making missed call and sending Entry (ies) to the Campaign / Contest.
7. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.
8. It is clarified that all costs incurred by the Participant(s) to participate in the Contest shall be solely borne by the Participant(s) without any recourse to STAR INDIA.
9. In case of telecom, network failure and/or any other reason, STAR INDIA reserves the right to change the mechanism or take such necessary steps as it may deem fit.
10. Upon the Participant(s) sending in their Entries during Contest Period, the mobile number from which the Participant(s) have sent their Entry would get registered with the respective network provider.
11. It shall be deemed that the person in whose name the mobile number is registered (from which the missed call is made) shall be construed to have sent the Entry for the Contest.
12. STAR INDIA and/or the Channel reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason whatsoever. The decision of STAR INDIA and/or the Channel in this regard shall be binding upon the Participant(s).

II Selection of Winners and Gratification

13. At the end of the Contest Period, out of the total valid Entries received during the Contest Period as per the aforementioned missed call mechanism, Star India at its sole discretion and on randomiser basis will select 1000 (one thousand) Participants, as winners (“Winners”). It is understood that the selection of Winners will be done at the sole discretion of STAR India and shall be final and binding and the Participant(s) shall in no event challenge and/or dispute the decision made by STAR India in this regard including in connection with the number of missed calls, the aggregation of the same, etc. Each Winner shall be entitled to receive the Kumkuma Prasada from Savadatti Yellamma Temple after special Pooja which will be conducted from 10th June 2024 to 15th June, 2024 (“Gratification”).
14. Mere participation in the Campaign / Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry through missed call to the number displayed during telecast of the episode of the Program within the Timelines and whose Entry is selected on randomiser basis shall be entitled to the Gratification. It is further clarified that save and except the Gratification, the Participant(s)/ Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Contest Period or Closing of the Timelines of the missed call will not be considered for the Contest and shall be deemed null and void
15. Star India through its representatives shall contact each Winner through a phone call on the mobile number from which the Entry is made by the Winner(s) and inform him/her of winning of the Gratification, within one (1) week from the date of closing of the Contest Period. During the call, the representatives of STAR INDIA will ask the Winner(s) his/her name and address to send the Gratification. Upon Winner(s) providing the name and address, Star India will arrange to send the Gratification (Kumkuma Prasadam) to the Winner(s) from Savadatti Yellamma Temple after special Pooja which will be conducted from 10th June 2024 to 15th June, 2024 through post/courier as per the norms/rules of the Savadatti Yellamma Temple.
16. The representatives of Star India will make maximum 3 (three) attempts to contact Winner(s) on the mobile number from which the Entry is made by Winner (s). In case, if lines are busy or phone is engaged, or mobile number is not reachable or switched off, in all the 3 attempts for any reason whatsoever, then Star India shall select some other Participant from the valid Entries as Winner and call for the Gratification. Star India shall not be responsible to any Winner(s)/Participants, if the winning information sent by the representatives of STAR INDIA is not reached or received by the Winner for any reason whatsoever including but not limited to mobile network failure or any other technical or non-technical flaws because of which the Winner is unable to receive the Gratification.
17. If the Winner(s ) fails to provide the name and address during call back by Star India, the Gratification shall be expired/lapsed and the Winner will not be entitled to claim the Gratification thereafter.
18. In the event any Winner(s) fails to adhere to the instructions of Star India and/or fails to follow all the requisite steps as more particularly mentioned herein, then his/her selection shall be invalidated and STAR INDIA shall not be liable to that Winner in any manner whatsoever.
19. Star India and/or the Channel reserves the right to decide the Winners of the Contest at its sole discretion.
20. It is clarified hereby that Star India shall have a discretionary right to postpone/ cancel/change the destination of the Gratification for reasons of unavoidable circumstances.
21. The Gratification is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative Gratification shall be given to the Winners and the Winners cannot exchange the Gratification for a gift of equivalent value. Further, the Gratification won is personal to the Winner and the Winner cannot transfer the Gratification to any other person.
22. Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winner in relation to the Gratification.
23. The decision of Star India and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by Star India and/or the Channel.
24. By participating in the Contest, it shall be construed that the Winner has waived his/her right to raise any dispute in connection to the Contest and/or the selection procedure and/or the details of the Entries and/or the Winner and/or the Gratification.
25. The final selection of the Winners shall be made by Star India and shall be final and binding on the entire Participant(s)/ Winners and in no event shall the Participant(s)/ Winners dispute the decision made by Star India or its employees in connection to the Entry/ process of selection and /or the Contest. 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.
26. The Participant/ Winner 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 Participant(s)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winner are found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entries will be disqualified.
27. The Participants/ Winner(s) shall at all times comply with the applicable laws, the Terms and Conditions on which this Contest is hosted.
28. By entering the Contest, each Participant(s)/ Winner acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Gratification awarded, 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.
29. Star India reserves the right to disqualify any Participant(s)/ Winner(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/ any part thereof at any stage of the Contest, including after declaring the Winners, if Star India:

a. receives any notice or complaint relating to the Entry 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;
b. determines at its sole discretion that the Entry is inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, 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 whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

30. The decision of Star India in this regard shall be final and binding upon the Participant(s)/ Winner(s). The Winner(s) and /or Participant(s) 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 Participant(s)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winners are found to be ineligible, or if he or she has not complied with any of these Terms and Conditions, the corresponding Entries will be disqualified.
31. In consideration of the participation in the Contest, Participant/ Winner hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to Star India. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/ Winner in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media and form as Star India may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to Star India including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/ Winner waive any so-called moral rights in the Entry.
32. Neither Star and/or Channel nor its employees have given a guarantee regarding the quality of the Gratification and the Winner agrees not to hold Star India and/or the Channel and its employees, responsible with regards thereof.
33. By participating in the Contest, it is construed that the Participant(s)/ Winners has read and understood these Principal Rules including the General Rules stated below and has agreed to abide by the same.
34. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Contestant(s) and in no manner whatsoever shall the Channel / Star India, be responsible for the same..

III. GENERAL TERMS

1. The Participants interested in participating in the Campaign / Contest must be above the age of eighteen (18) years, must be a citizen of India and must be a resident of Karnataka during the applicable Campaign / Contesting Period. The Participant(s) should not have a criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Campaign / Contest. The Employees of the Star India, the Production Houses of the programs of Star Suvarna and Suvarna Plus of Star India, the advertising agency or any other agency or third-party vendor which has been appointed from time to time, and also employees of the main sponsors of the programs of Star Suvarna, Suvarna Plus and other channels of Star India and members of their immediate family, are not eligible to participate in the Contest. Proof of age, if requested, of the Viewer(s) must be submitted to STAR India (i.e., school leaving certificate/school transfer certificate/college leaving certificate/college transfer certificate) as may be required by STAR India to confirm the eligibility of the Viewer(s). The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to the Campaign / Contest. STAR India also reserves the right to disqualify a Participant in case a discrepancy is found in the information furnished/provided/stated by the Participant at any point in time.
2. Participant(s) agree, understand and acknowledge that there is no Gratification for merely sending Entry in the Contest.
3. Each Participant(s)/Winner(s) consents to the use of information submitted by the Participant(s)/ Winner(s) including the Entry(s) for the purpose as set out in these Terms and Conditions.
4. Star India reserves the right to cancel and/ or postpone the Contest without assigning any reasons and/ or without giving any prior intimation to the Participant(s).
5. In case a Participant(s)/ Winner(s)/ is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content or Privacy Policy, then Star India will disqualify the Entry received from such Participant(s)/ Winner(s).
6. The Terms & Conditions shall be advertised sufficiently across the Website to ensure that no Participant is misled and understands the entire participation process prior to participating in the Contest.
7. In case of any telecom and /or network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or providing the Entry and/or for any reasons whatsoever, STAR INDIA reserves the right at its sole discretion to change the Contest mechanism for submitting the Entry and /or cease from accepting Entry of the Participant(s)/ Winner(s) during the Contest Period in any manner it deems fit and necessary. In addition STAR INDIA shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Contest mechanism for submitting the Entry including without limitation system failure in the mechanism of recording missed call due to any reason whatsoever including technical disruption/phone lines being open or default / failure/ any other difficulties of such nature due to which the Participant(s) is unable to participate or record his/her Entry failure to logging on automatic acceptance of missed call as stated in these Terms and Conditions and /or informed at the end of telecast of the episode of the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.
8. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against STAR INDIA, Channel, their employees, directors or its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind that may be suffered, including, without limitation due to any technical faults in the network and/ or connections or directly or indirectly due to or relating to their participation or non-participation in the Contest mechanism. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entry(s) will be disqualified.
9. The Winner(s) must submit with STAR INDIA and/or the Channel a copy of the last two bills issued by the network operator as a proof that the mobile number is registered in the name of the Winner(s) and such other documents that could be furnished as proof that the mobile number is registered in the Winner(s) name.
10. The Winner(s) agrees to maintain complete confidentiality regarding their selection for the Gratification and any matter relating thereto and shall not disclose any information pertaining to the Gratification or the Contest which is disclosed to the Winner(s) and which is not available to public in general, to any person or media etc. without the consent of Star India. In case the Winner(s) breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Gratification
11. The Gratification cannot be transferred, negotiated, refunded or exchanged for money by the Participant(s)/ Winner(s). For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Gratification will be recorded by STAR INDIA or will be incorporated in the film/program or will find a mention in the film/program and/ or on the Channel.
12. STAR INDIA shall not be responsible to pay for any cost, expenses, taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, except as specified herein, and if applicable, Winners agrees that the same shall be solely borne by the Winner(s).
13. STAR INDIA shall not be responsible for any Entry(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
14. STAR INDIA reserves the right to forfeit the Gratification in the event it is found by STAR INDIA or it has a reason to believe that any information provided by the Winner(s) including Personal Information is wrong, incorrect, fraudulent or misleading. STAR INDIA shall have the right to declare another Participant(s) (on a random basis on the criterion mentioned herein) as the Winner(s) of the Contest, at its sole discretion and transfer the Gratification to such person. Such decision of STAR INDIA shall be final and binding.
15. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of STAR INDIA the Gratification and/or the benefit in connection thereto becomes ineffective, invalid or unavailable (e.g. cancellation/postponement of the Contest), STAR INDIA shall not be held responsible and/or liable for the same.
14. STAR INDIA makes no representation and/or warranty regarding the Gratification other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.
15. The Winner(s) shall be solely responsible to avail the Gratification at the time of delivery. The Winner(s) agrees that he/she shall not hold STAR INDIA and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Gratification or damage during transit or any problem in connection to the Gratification.
16. The Winner(s) specifically agree and undertakes on behalf of himself / herself and his / her respective family members that he / she shall unconditionally make himself / herself and his / her family members available from time to time and co-operate with STAR INDIA and participate in any activity and/or campaign of any nature whatsoever ("Promotional Activity") without any consideration whatsoever payable to the Winner(s) for the same. The Winner on behalf of himself / herself and his / her respective family members allows, grants and permits STAR INDIA or any party authorized by it to record (audio-video/audio or video), his /her and /or his / her family member’s appearances, participation, performance, acts ,any interaction of the Winner(s) and /or his / her family members within themselves and /or with any celebrities, media or any third party or any representative of STAR INDIA or any related series of sound recordings and video recordings which have been shot during the designated match at the venue and/or as part of the Promotional Activity 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 Winner and /or his / her family members (“Footage”) and agree that the Footage may be used by STAR INDIA as it deems fit anywhere in the world at any time now or in the future. The Winner agrees and acknowledges on behalf of himself and his / her family members that all rights in the Footage vests exclusively with STAR INDIA worldwide in perpetuity and STAR INDIA is entitled to exploit the same in any manner it may deem fit across any media or platform whether existing now or which may come into existence into the future . The Winner further agrees and undertakes to execute on his / her behalf as well as on behalf necessary documentary as may be required by STAR INDIA in respect of the exploitation and use of such footages.
17. The Participant(s)/Winner(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR INDIA into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s)/Winner(s) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Program.
18. STAR INDIA shall not be responsible if the Winner(s) is not available at the telephone numbers, provided by them and as a result of which, the Winner(s) loses his/her chance to the Gratification and such decision of STAR INDIA shall be final and binding.
19. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) have waived his/her right to raise any dispute with regard to the Contest, and /or the Gratification in any manner whatsoever to the extent permissible under law.
20. For the sake of clarity, if the Winner(s) refuses to accept the Gratification awarded upon physical delivery of the same, STAR INDIA shall be released from all obligations towards the Winner(s) in connection to the Gratification won by the Winner(s) . Further, after forfeiting the Gratification, STAR INDIA shall be entitled to select and declare another Winner(s) (on a random basis on the criterion mentioned herein), from valid Entries as it deems fit, and award the Gratification to that Winner(s) and such decision of STAR INDIA shall be final and binding.
21. Further, STAR INDIA shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner(s) is not reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which STAR INDIA is unable to intimate the Winner(s)
22. Neither STAR INDIA nor its employees have given a guarantee regarding the quality of the Gratification and the Winner(s) agree not to hold STAR INDIA and/or the Channel and its employees, responsible with regards thereof. It is clarified that STAR INDIA and/ or Channel shall not be responsible for the brand, quality, value etc. in connection to the Gratification and the supplier/ manufacturer shall be solely responsible for the same.
23. STAR INDIA will not be responsible nor shall be held liable for defect in the Gratification if any and/or to supply any purchase receipt of the Gratification or any other document in relation to the Gratification . The Winner agrees that he/she shall not hold STAR INDIA and/or the Channel and/or their employees, responsible for delays or any problems in connection to the Gratification.
24. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, STAR INDIA, or any of its channels, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/losses/ death/ mental or emotional trauma suffered by the Participant(s)/Winner(s), in any manner whatsoever in connection with the Contest, the Contest mechanism and/or the Gratification won and/or the Program and/or any material submitted forming part of the Entry and/or any Personal Information submitted by the Participant(s)/Winner(s) 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 to claim any damages or reliefs.
25. STAR INDIA is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant(s)/Winner(s) in any manner whatsoever, in relation to the Contest.
26. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify STAR INDIA, 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 STAR INDIA in connection with any act of the Participant(s)/Participant(s) Entry and/or the Contest including any third party rights claims with respect to the material submitted by the Participant(s).
27. Each Participant(s)/Winner(s) hereby acknowledges and agrees that the relationship between the Participant/Winner(s) and STAR INDIA and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
28. 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 15 (fifteen) days, then STAR INDIA 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.
29. Participant(s)/Winner 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 these Terms and Conditions, 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.
30. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
31. The Participant(s)/Winner(s) shall at all times comply with the laws of India.
32. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or Gratification and/or the Contest shall be referred to a sole arbitrator appointed by STAR INDIA and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Bangalore, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/Winner(s) who has raised the dispute.
33. Subject to the provision of 34 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 reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Bangalore , India.

 

 

Id: 11742