BB- CREATIVE CONTEST BIGG BOSS-Malayalam- SEASON-5
Terms and Conditions
Please read the following Terms and Conditions before participating in the Viewer engagement / feedback Activity (“Activity”/ “Contest”) conducted by Asianet Star Communications Private Limited (“ASCPL”/ “Company”) and/or the Production House (defined below). By voluntarily participating, You agree to be bound by these Terms and Conditions and represent that you satisfy all of the eligibility requirements set out herein below.
The following terms and conditions (“Terms and Conditions”) govern the entire process for Activity / Contest (as defined below) as detailed herein enabling the eligible viewers for sending their feedback/comments with respect to the Program titled “BIGG BOSS- Malayalam – Season-5 (“Program”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in and is a citizen of India (hereinafter referred to as “Territory”) who voluntarily participate in the Activity / Contest (“Activity”/ “Contest”) hosted by the Company and/or Production House (as defined below) for the purpose of encouraging viewers’ feedback in relation to the Program to be aired on, inter alia, on the Company’s and/or its network of channels and/or any other channel as deemed fit by ASCPL (hereinafter collectively referred to as “Channel”).
“Activity / Contest Period” shall mean the period commencing from 10: 30 PM on May 1, 2023 and continues till the end of current season of the Program or such other date stipulated and/or updated by the Company and/or Production House at its sole discretion on the website www.biggbossmalayalam.startv.com (“Website”/ “Platform”) and required to be checked by You from time to time. The period can be extended or reduced by the Company and/or Production House at its sole discretion from time to time. For sake of clarity, it is explained that the Contest Period shall consist of weekly periods starting from 10:30 PM on Mondays and shall be closing at 11:59:59 PM on Thursdays on each week during the Activity / Contest Period, each such weekly periods are hereinafter individually referred to as “Weekly Contest Period”.
“Company/ASCPL” means Asianet Star Communications Private Limited.
“Participant(s)” means all person(s) aged 18 (Eighteen) years and above as on May 1, 2023, being an Indian citizen and resident of India and enters the Activity /Contest individually.
“Exploitation/Exploit” shall mean the exploitation of the Works 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 Works, either in whole or in part, in any form/format or language, as may be decided by ASCPL in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by ASCPL in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works, 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 Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile/telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.
“Program” means the Program / Show titled “BIGG BOSS Malayalam -SEASON-5”.
“Production House” means the Endemol India Private Limited, the Production House engaged by the Company for the production of the Program.
“Works/Materials” shall mean and include Footage (as defined below), Entries, footage of Promotional material including any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of Activity/Contest and any other Intellectual Property created/ generated by the Participants during the course of participation in the Activity/Contest.
1. Eligibility criteria for Participants:
(a) Participants who are 18 (Eighteen) years and above as on May 1, 2023
(b) Participants who are Indian citizens and resident of India, as per applicable laws; and
(c) Such other criteria provided under these Terms & Conditions.
2. The Contest / Activity will be conducted during the Contest / Activity Period on Website/Platform, which may be accessed by the interested Participants through any device with access to the Internet, including but not limited to mobile phones. Participants who voluntarily choose to enter in the Activity / Contest are required to register themselves for the Contest / Activity by following the procedure set out in these Terms and Conditions.
3. The Company shall promote the Contest / Activity through on-air (promos, astons, bugs etc.), print, radio, online, official social media pages/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the eligible Participant(s) can participate in the Contest / Activity, wherein the Participant(s) can get details of the Contest / Activity, timings, etc.
4. Procedure to Register.
(a) To register and to participate in the Activity, the eligible Participant(s) shall:
i. have to login to the Website / Platform at his/her sole discretion to register for the participation in the Contest /Activity by submitting / furnishing his/her valid Indian Mobile Number and/or a valid email id. It is clarified that the option to exercise registration either through a registered mobile number or email id is the discretion of the Participant and it is further clarified that for the purpose of registering and participating in the Contest / Activity it is mandatory that the valid Indian mobile number submitted by the Participant should be registered in his/her name only, failure to comply with this pre requisite will automatically cause such Participant’s registration / Entry to be invalid.
ii. Upon entering into the Website, a registration form shall be displayed in the website and the same is required to be filled by the Participant(s) who shall fill in all the relevant and necessary details as stated and enumerated therein and upon submitting their Comments, Videos and/or Memes (as mentioned hereinafter) on Website, in accordance with the requirements and criteria as laid down for the Contest / Activity herein, the Participant(s) agrees to have read and understood all the terms and conditions for participation in the Contest / Activity and hereby agrees to abide by the same. The Participant(s) shall submit the following personal details of the Participant including but not limited to name, contact number(s), e-mail id and/or any other information/documentation as sought by the Company, at its discretion during the Contest / Activity Period (“Personal Information”) in a manner and form, as requested and /or prescribed on the Platform. For avoidance of doubt, for the purposes of participating in the Contest / Activity during the Contest / Activity Period set out hereinabove, registering through a valid mobile phone number and/or a valid mail ID vide the medium of the Platform is mandatory for all interested Participants.
iii. It may be clarified that the Participant participating in the Contest / Activity may register on the Platform only once through a particular mobile phone number and/or email ID of themselves. Accordingly, the Personal Information required by the Company may only pertain to the Participant. It is further clarified that if the Participant has already registered and submitted Entries (as defined below) and /or uploaded Video(s) / Poster(s) on the Website multiple times through a particular registered mobile numbers and/or specific email id (as applicable) during the same Weekly Contest Period, then only the first Entry from that particular registered mobile number and /or email id during that particular Weekly Contest Period shall be considered and all subsequent Entries submitted (if any) during the same Weekly Contest Period shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Contest / Activity. Additionally, it is clarified that a specific Participant cannot register and submit Entries (as defined below) on the Website through multiple registered mobile numbers and/or multiple email id’s during the same Weekly Contest Period. In such cases only the first Entry submitted by the Participant through a particular mobile number and /or email id shall be considered for such Weekly Contest Period, and the others shall be deemed invalid.
iv. Once the mobile phone number and /or email id (as applicable) is registered in the manner as stated therein, an OTP (One Time Password) will be sent to the registered mobile phone number and/or email id (as applicable) submitted by the Participant(s). The Participant(s) will be required to mention the OTP received on their registered Mobile Number and/or email id within the permitted time as mentioned therein on the Website, post which, the Participant will be able to proceed further with the registration process. In the event the Participant(s) fails to verify /authenticate the validity of his/her mobile no and/or email id or validate the OTP during such mobile verification and/or email verification by the Company, the mobile no. and/or email id shared by the Participant is found to be false and /or unauthenticated and /or fabricated and /or the said mobile no. not registered in the Participant’s name, then the Company shall have the right to forthwith disqualify the Participant from further participation and his/her Entry shall immediately be considered to be null and void.
(b) Comments, Posters and/or Videos Upload Functionality:
i. Once the Participant shares the Personal Information required, he/she shall be required to provide their Feedback about the episodes, tasks etc in the Program during the week. Further, the Participant(s) are required to upload either a Static Creative Meme on incidents happened in the Program during the week [“Poster(s)”] and/or a Video Meme with special edits of the episodes telecasted during the week [“Video(s)”]; such Poster(s) and Video(s) should in the specified formats (jpg, jpeg, png, gif. for Posters and mp4, mov for Videos) and shall have a maximum file size of 20 Mb and 50 Mb respectively [hereinafter collectively referred to as “Entry”]
ii. The above details / content are to be uploaded by the Participant on the website / platform by following the instructions and as per the terms specified on such Platform and click on “Submit” button. A confirmation message is displayed on the screen. The Company and/or Production House will not send any confirmation SMS / e-mail to the Participant for confirming and acknowledging the registration.
iii. If at any point of time the Company finds that the mobile number / email ID shared by the Participant(s) is found to be false and /or unauthenticated and /or fabricated, then Company and/or Production House shall have the right to forthwith disqualify such Participant from further participation and his /her Entry shall immediately be considered to be null and void.
iv. The Static Memes (Posters) and Video Memes (Videos) uploaded on the Platform shall not exceed the size of 20 mb and 50 mb, respectively. For the purposes of this Contest, by uploading and /or submitting his /her Comments, Posters and /orVideo on the Platform, the Participant agrees and undertakes that they are unconditionally bound by the Terms and Conditions.
v. The Participant(s) agrees and undertakes that all Personal Information provided by him/her at the time of registration is true, correct, and accurate. The Participant hereby represents, covenants and declares that (i) the Poster and/or the Video is original and is created by the Participant(s), (ii) the Poster and/or the Video does not and will not constitute any infringement of copyright or any right of privacy, or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurts the religious sentiments of people worldwide or be defamatory of any person deceased or alive or blasphemous in its content and that he/she fully owns and controls all rights and interests including all intellectual property rights in the Poster and/or the Video, such material and all rights therein and that no other person or party has right or interest in the Poster and/or the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Poster and/or the Video shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Poster and/or the Video are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant has not granted any rights in the Poster and/or the Video to the prejudice of any rights granted to the Company hereunder (vi) the Poster and/or the Video is not violative of or in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Poster and/or the Video for the purpose of the Contest / Activity have been secured by the Participant(s) in accordance with the existing Terms and Conditions and applicable laws without any recourse to the Company. In the event the publishing of the Poster and/or the Video 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 Company and/or Production House shall have the right at its sole discretion to edit/ remove/cut the contentious portion and re-publish such Poster and/or the Video or reject the Poster and/or the Video altogether and the Participant agrees not to object to the same. The Participant must ensure that no false and/or misleading statements are made by him/her and that he/she does not refer to any commercial product and/or service in the Poster(s) and/or the Video(s). The Participant further agrees and confirms that the Company is entitled to reject the Entry of the Participant in the event that the details submitted by the Participant at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.
vi. The Participant agrees and undertakes that the Entry/Video / Poster submitted by him /her is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc
vii. The Participant further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update, submit, share the Video(s) / Poster(s) and/or information that:
a. belong to another person and to which the Participant(s) do not have any right;
b. is grossly harmful, harassing, blasphemous, pornographic, pedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonates another person;
h. contains software viruses, Trojans, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, including harming recipient’s computers/system/servers etc.;
i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, Participant agrees that the Company has the right to remove any such material/Entry which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.
viii. For purposes of the Contest / Activity, logging onto the Platform during the Activity / Contest Period, furnishing the Personal Information in the mode and manner as prescribed, mandatorily uploading Comments and Poster(s) and/or Video(s) shall be considered as a complete and valid entry (“Entry” or “Entries”). It may be clarified that once the Entry is uploaded on the website, he/she shall not be entitled to re-submit any information, including but not limited to any Comments / Poster and/or Video and such Entry submitted by him/her shall be considered final and valid Entry for the purpose of the Contest / Activity. Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if the Participant fails to write a Comment / upload the Video and/or the Poster or provides a fake email ID or fails to furnish Personal Information in the manner prescribed or if the Poster and/or the Video submitted is not in conformity with the specifications stated herein, then his/her Entry shall be considered incomplete, and the Participant(s) shall be disqualified from participating further in the Activity / Contest. The Channel/Company and/or Production House shall be free at any point of time to contact and /or communicate with the Participant for availing any additional information and/or to verify any details as provided in relation to the Contest / Activity and/or the Entry and the Participant shall unconditionally facilitate the same. Any incomplete Entry and /or Entries with incorrect format, broken/bad web link, inadequate Personal Information, invalid email ID, invalid mobile number or which consist of content, which contains any of the elements specified in the above sub-clause, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Activity / Contest.
ix. Entries received after the Activity / Contest Period will not be considered for the Contest / Activity and shall be deemed null and void. The Company and/or Production House shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever. It shall be the sole responsibility of the Participant(s) to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein.
(c) Winner Selection and Gratification:
a. At the end of each Weekly Contest Period, ASCPL will one (1) winner (“Weekly Winners”) out of the Participant(s) having made a valid Entry, received by ASCPL during that Weekly Contest Period, on the basis of the Entry fulfilling the criteria set out herein shall be viewed and rated by a panel comprising of the representatives of ASCPL as determined by ASCPL in its sole discretion. This panel shall rate the Entries on the basis of certain pre-defined criteria and /or any such other criteria as may be solely determined by ASCPL at its sole discretion. The selection of Winners will be based on their respective scores based on the evaluation of the Entries, as above and in case of any tie, randomization process will be adopted for selection of Winners.
b. The sole gratification for the Weekly Winner(s) shall be that ASCPL may publish the Poster(s) / Video(s) submitted by the Winners in the weekend episodes of the Program at their sole discretion (“Gratification”). Participant(s)/Winner(s) agree that the above Gratification is the only prize for the Weekly Winners of the Contest / Activity and no monetary prize will be awarded to the Winner(s). For avoidance of doubt, it is clarified that ASCPL’s decision in regard to the selection and declaration of the Weekly Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Activity / Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are subsequently declared as Winner(s) based on the criterion mentioned hereinabove, by ASCPL 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 Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Activity / Contest Period will not be considered for the Activity / Contest and shall be deemed null and void.
c. All decisions of ASCPL in this regard shall not be subject to any appeal of any nature whatsoever. Participation in the Contest / Activity shall be construed to mean that the Participant(s)/Winner has waived his/her right to dispute any decision(s) made by ASCPL in relation to the Contest / Activity 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. Winner(s) agrees and undertakes that no cash equivalent or alternative prize will be given to the Winner(s) and the Winner(s) cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Winner(s) and the Winner(s) cannot transfer the Gratification to any other person.
e. The Winner(s) shall not in any circumstances make any claims against the ASCPL 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 the winner’s participation in the Contest / Activity or any related activity, to the extent permitted under law. If the Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
f. ASCPL shall in no manner whatsoever be responsible for security of Participant(s)’s /Winner(s)’ Entry be liable for any use/misuse of the same by any person by way of hacking or otherwise.
g. Limitations of liability: by entering the contest, each Participant 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 ASCPL and/or ASCPL 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.
1. The Activity is strictly open to Participant(s) who attained 18 (Eighteen) years and above, as of May 1, 2023, being an Indian citizen and residing in India during the Activity / Contest Period and the Program, as per the respective applicable laws of India.
2. Employees of the Company, of the Production House, the advertising agency or any other agency or third-party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; are ineligible to participate in the Activity / Contest. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, nationality including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify the Participant(s) in case discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s).
3. In the event the Participant is found to be in violation of any applicable laws at any point of time during the Activity / Contest, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such a disqualified Participant shall not be eligible to proceed further in the Activity / Contest. It is the onus of the Participant to ensure that their participation is as per the applicable laws of the country of which they are citizens and residents of. In case it is found to be otherwise by the Company and/or Production House, then immediately such Participant shall be disqualified.
4. Participant(s) represent to the Company and/or Production House that the Participant is free and competent to participate in the Activity / Contest; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company and/or Production House respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honoring any of the Terms and Conditions stated herein.
b. The Personal Information may include information inter alia name, date of birth, address, age, gender, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition, images, videos etc of the Participant and may also include name, nationality, contact details, emergency contact number, email ID etc.
c. The Personal Information is being collected by the Company/ Production House pursuant to the Terms and Conditions, in connection with the Activity/Program and it is necessary for the Company/ Production House to collect the Personal Information for the Activity and the uses set out below in (d) below.
d. The Personal Information will be used for the Activity/Program, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by the Company, in respect of the Activity/Program on the channel(s) owned by the Company and/or the digital platform (namely the ‘Disney+Hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd or such other platforms at the sole discretion of the Company and/or the Production House.
e. The Personal Information will be shared by the Company with the Production House, the Panel, Judges and the public at large, in connection with the Program.
f. The Company will be collecting and retaining the Personal Information of the Participants.
g. The Company has informed the Participant(s) of his/her rights to: (i) review his/her Personal Information and the Participant(s) Personal Information for deficiencies and inaccuracies, and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify such entry and/or participation in the Activity / Contest and /or Program, as deemed fit and necessary by the Company at its sole discretion.
h. All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel/Judges be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information.
i. The Company has provided the Participant(s), with the option to opt out of providing his/her Personal Information and the Participant(s) Personal Information, and the Participant has not exercised such option.
7. ASCPL and/or Production House shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company and/or the Production House shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection with the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Submit/Post” button. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.
8. The Company and/or the Production House is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to any aspect related to Activity/Contest. The Participant(s) shall hold harmless the Channel, Company, Production House, 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), in any manner whatsoever in connection with the Program and/or any aspect of the Activity / Contest and waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
9. The Company reserves all rights to make amendments to the Activity / Contest Period, Levels of Activity or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions for the Activity / Contest on the Website and /or the platforms from time to time. ASCPL also reserves the right to cancel and/or postpone the Activity / Contest at any point of time without any prior intimation to the Participant.
10. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Activity/ Contest. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Activity / Contest. The Participant(s) by entering into the Activity / Contest represents and confirms that the Participant is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).
11. The Participant(s) will be required to furnish necessary supporting documentation in original (i.e., birth certificate, passport, aadhar card etc.) and/or any other documentary proof as may be required by the Company and/or Production House to confirm the eligibility of the Participant(s) at any stage of the Activity / Contest. The Participant(s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or ASCPL and/or Production House in its sole and absolute discretion.
12. The Company also reserves the right to change the process of the Activity / Contest (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Activity / Contest, without any prior intimation to the Participant and/or the public.
13. Participants must enter the Activity / Contest voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.
14. The Channel/ASCPL and/or Production House reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to terminate the Activity / Contest at any time without any prior intimation or notice to the public/ Participants and also ASCPL/Channel/Production House is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Activity / Contest.
15. In the event of any fault, misunderstanding or dispute concerning any part of the Activity/ Contest, the decision of the Company shall be final, and binding and each Participant shall without limitation be bound by such decision of the Company.
16. The Participant(s) shall not during the Activity/Contest make any obscene gesture(s)/acts, or any defamatory statement regarding any event or any person alive or deceased or do anything in the nature of an endorsement/advertisement that may expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.
17. The Participant(s) shall not grant or publish any interviews, or share any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Activity / Contest or any information regarding the Company without Company’s prior written consent in each instance. The Participant shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company and/or Production House.
18. The Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or the Program and/or Production House into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Activity /Program/ Show.
20. If the operation of the Activity/ Contest (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or the current Covid 19 Pandemic or any act beyond the reasonable control of the Company or any guidelines set up by the State / Central Government for shooting during the current Covid 19 Pandemic (“Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Activity /Contest and such decision shall be final and binding on the Participants.
21. Notwithstanding a Participant's participation in the Contest/ Activity, there is no obligation on part of the Company to broadcast any or all of his / her contribution as recorded by the Company.
22. Participant (s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Activity/Contest or any related series of sound recordings and video recordings which have been shot/filmed/recorded during the Activity/Contest on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.
23. In consideration of being afforded an opportunity to participate in the Contest/Activity, the Participants agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant on an outright basis hereby irrevocably, exclusively, perpetually and for the territory of entire world, assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant hereby agree that the Participant(s) shall not assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company. The Participant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.
24. The Participant(s) waive off their “Moral Rights” with respect to the Materials/ participation in the Activity/ Contest. Further, the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant acknowledges that the Entry submitted and /or videos submitted and/or contribution to the Materials does not qualify as a ‘performance’/ ‘live performance’ within the meaning of the Indian Copyright Act, 1957.
25. The Participant agrees and acknowledges that the Channel /ASCPL shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Materials in respect of their Entry uploaded on the Platform or any such Footages in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Activity or any ancillary event related to the Program/Activity).
26. The Participant shall make themselves available from time to time and co-operate with the Channel and/or ASCPL and/or Production House and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Activity without any money payable/ any consideration to the Participant. Further, the Participant shall at no point of time refuse or disagree for participation of the Participant(s) in any such Promotional Activity for any reason whatsoever.
27. Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘Likeness’) to appear on and be used in connection with the promotion of the Program for all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. ASCPL reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or ASCPL or the Channel without notice to the Participant and without any further compensation to the Participant.
28. The Participant(s) agree that in consideration of being given opportunity to the Participant to participate in the Activity / Contest, they shall hold harmless the main sponsor(s) (if any), Channel, ASCPL, Production House, its employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Activity / Contest and /or Entry and /or any aspect related to their participation in the Activity / Contest and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Production House and/or the Channel and/or ASCPL to claim any damages or reliefs or otherwise.
29. The Participant(s) agree to keep ASCPL, the Channel, Production House, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry including the Video / Posters / Memes etc, by ASCPL and /or any of its affiliate companies and/or channels.
30. The Participant agrees that ASCPL and/or Production House shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Activity / Contest including but not limited to travelling anywhere and anytime and undertake the performances in any promotional activities in connection with the Show/Program. The Participant acknowledges and understands that the participation in the Activity / Contest is at their own risk. ASCPL and/or the Production House shall not be responsible for the Participant’s safety during the Activity / Contest, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) acknowledge and understand that the participation of the Participant in the Activity/Program is at his/her own risk.
31. Certain information relating to the Production House, ASCPL, the Program, Channel, will be disclosed to the Participant(s) by the Production House and/or ASCPL which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Participant(s) agree that Confidential Information whether disclosed orally or in writing, is the property of Production House/ASCPL, as the case may be, and is valuable, special and unique to the business of Production House/ASCPL, as the case may be. Participant(s) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated from the Program/Activity.
32. Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.
33. The Participant 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.
34. Participant(s) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
36. Notwithstanding the conflict of laws principle, these 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 Activity / Contest and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by ASCPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Kochi, India, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participants who has raised the dispute.
37. Subject to the provision of 36 above, the Courts having exclusive jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Kochi, India. The Participant(s) agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.