Bigg Boss Tamil 6 Auditions - T&C
Terms and Conditions
Please read the following Terms and Conditions before participating in the Auditions conducted by Asianet Star Communications Private Limited 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
Asianet Star Communications Private Limited (hereinafter referred to as "Organizer(s)"/ “ASCPL”/ “Company””) has acquired the license to produce and broadcast in India the television series provisionally titled “Bigg Boss-Season 6” in Tamil language (“Programme” or “Program”/ “Show”) based on the format based show viz. “Big Brother” owned by Endemol Shine IP B.V. (the “Format”). This Program shall be produced by the third party production house (‘Producer’) for and on behalf of ASCPL primarily for the purpose of telecast on ASCPL’s channel namely “STAR VIJAY” and/or its network of channels and/or any other channel as deemed fit by ASCPL (“Channel”).
The Program involves filming the daily interaction within a group of people i.e., the participants as chosen and finalized by ASCPL for the Program during the period as decided by ASCPL (as per its sole discretion) living in a house situated in restricted surroundings in an area isolated and completely cut off from the outside world and specially constructed for the Program (“the House”), which group of people shall be as self-sufficient as possible with no or minimal privacy from the outside world and being on camera 24 (twenty-four) hours a day during the period of their stay in the House and the appearance/participation being broadcast, which includes live relay, by all means including television.
The following Terms and Conditions as defined below govern the entire process for Auditions (as defined below) as detailed herein for participation in the Program and shall be binding on each participant (“Participant”, “Contestant”, “Your” and/or “You”) residing and a citizen of India and who is between 18 (eighteen) years and 64 (sixty four) years i.e 18 (eighteen) or above and 64 (sixty four) or below as of 24th August, 2022, who meets the eligibility criteria as enumerated hereinafter and who voluntarily desire to participate in the Auditions hosted by ASCPL for the purpose of selection and participation of Participants in the Program.
These Terms and Conditions shall be irrevocably binding on each of the Participant, voluntarily participating in the Auditions. ASCPL will have access to and collect information and data shared by the Participant including Participant’s personal information for the purposes of the Auditions and/or Program. By participating in the Auditions, the Participant hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by ASCPL, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://www.disneystar.com/legal-terms-policies/policies/personal-data-privacy-policy-updated/ (collectively the “Privacy Policy”)
The Personal Data Privacy Policy, Website Privacy Policy and Website Terms of Use (“Policies”) are available at https://www.disneystar.com/legal-terms-policies/#pdpp. By proceeding further you are representing to the Company that your participation in the Auditions is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law.
By participating in the Auditions, it is deemed that the Participant has read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Privacy Policy shall govern all usage of any Personal Information (as mentioned herein and as disclosed in the Declaration Form) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by ASCPL under or pursuant to these Auditions and in relation to your participation in the same. The Participant’s act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of ASCPL as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If the Participant does not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify the Participant’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participants are requested herein unconditionally accept and agree to comply with and abide by the same
You are required to click on the tab ‘I ACCEPT’ at the end of the page. The failure to accept these Terms and Conditions by You will disqualify your participation in the Auditions.
DEFINITIONS:
“Auditions” means different levels comprising of Level 1 and Level 2 of the selection process of the Auditions as detailed hereunder and any additional levels as may be incorporated thereinafter by the Company in the process of the Auditions at any point of time at its discretion, to be conducted inter alia in the mode and manner as set out hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify for further Levels, if any and qualify for participating in the Program.
“Audition(s) Period” shall mean the period commencing from 24th August and continues till 25th September for different levels of auditions or such other date stipulated and/or updated by the Company and/or Production House at its sole discretion on the Website (as defined below) and required to be checked by Participant(s) 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.
“Company/ASCPL” means Asianet Star Communications Private Limited.
“Contestant(s)/Participant(s)” means any natural person(s) who is between the age of 18 (eighteen) years and 64 (sixty four) years i.e 18 (eighteen) years or above and 64 (sixty four) years or below as on 24th August, 2022, being a citizen and resident of the Territory as per the applicable laws and enters the Auditions /Program individually in accordance with the terms detailed below.
“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.
“Level(s)” shall mean collectively Level 1 and Level 2 of the Auditions. The term “Level(s)” shall be construed accordingly to refer to anyone (1) particular level of the Auditions as signified by the corresponding number.
“Program” means the Show which shall be titled “BIGG BOSS – Season 6”.
“Production House” means Endemol India Private Limited
"Show(s)" means each episode(s) of the Program including any Special Show(s).
“Show Player(s)” means the final 3 (three) selected Contestant(s) or such other number at the sole discretion of the Company, who are selected through the process of the Audition(s) as enumerated below to participate in the Program.
“Special Show(s)” means any episode/s of the Show recorded with Contestant(s) who belong to a category other than that specified hereunder, which may include celebrities or children special, or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition.
“Studio/House" a house situated in restricted surroundings in an area isolated and completely cut off from the outside world and specially constructed for 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 Auditions/Program/Show or the Auditions and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions/Program/Show.
PRINCIPAL RULES
1. Eligibility criteria for Participants:
(a) Any natural person(s) who is between the age of 18 (eighteen) years and 64 (sixty four) years i.e 18 (eighteen) or above and 64 (sixty four) or below as of 24th August, 2022;
(b) conversant in spoken Tamil
(c) As per applicable laws in the Territory, Participant must also be a citizen and resident of India as per applicable laws;
(d) Such other criteria provided under these Terms & Conditions.
2. The Auditions are an integral part of the Program. The Auditions will be conducted on digital platform during the Audition Period at absolute discretion of the Company and/or Production House and the interested Contestant(s) shall register themselves in the manner provided below.
3. ASCPL/Production House is under no obligation to go for Auditions or shooting of the Program and is also under no obligation to inform prospective Participants about the same.
4. The Auditions will be conducted during the Auditions Period on Website (as defined below), which may be accessed by the interested Participant(s) through any device with access to the Internet, including but not limited to mobile phones. Participant(s) who voluntarily choose to enter the Auditions are required to register themselves as Participant in the Auditions by following the procedure set out in these Terms and Conditions.
5. The Company reserves the right to modify the Audition(s) mechanism and /or to cancel and/or postpone the Audition(s) and/Program at any point of time without any prior intimation to the Participant for any reasons whatsoever, including due to the prevailing covid19 pandemic scenario.
6. The Company shall promote the Auditions 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 through which the Contestant(s) can participate in the Auditions, wherein the Contestant(s) can get details of the Auditions, timings etc. As a part of the marketing strategy for promoting the Auditions and/or the Program on air, our radio partners may promote the Auditions and/or conduct various contests in respect of the Auditions/Program for the listeners across the Territory.
7. Procedure to register
(a) To register and to participate in the Auditions, the interested Contestant(s) shall:
i. have to login to vijay.startv.com (“Website”) at his/her sole discretion to register for the participation in the Auditions by submitting / furnishing his/her valid Indian Mobile Number. It is clarified that for the purpose of registering and participating in the Auditions 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 Video (as mentioned hereinafter) on Website, in accordance with the requirements and criteria as laid down for the Auditions herein, Participant agrees to have read and understood all the terms and conditions for participation in the Auditions 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 date of birth, full name, gender, age, address, class of education, nationality, city of residence, occupation, languages spoken, brief of the Participant(s) passion towards performing in the Program along with the name, email ID, contact number(s), emergency contact number, the name of their state/city where they reside, photo(s) of the Participant(s), (if requested) and/or any other information/ documentation as sought by the Company and/or Production House, at its discretion during the Audition Period (“Personal Information”) in a manner and form, as requested and /or prescribed on the Website. For avoidance of doubt, for the purposes of participating in the Auditions during the Audition Period set out hereinabove, registering through a valid mobile phone number through the Website is mandatory for all interested Participants.
iii. It may be clarified that the Participant(s) participating in the Auditions may register on the Website only once either through a particular mobile phone number of the Participant(s). Accordingly, the Personal Information required by the Company may only pertain to the Participant registering himself/herself. It is further clarified that if the Participant has already registered and submitted Entries (as defined below) and /or uploaded Video(s) on the Website multiple times through a particular registered mobile number , then only the first Entry from that particular registered mobile number shall be considered and all subsequent Entries and /or Video(s) shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Auditions. Additionally, it is clarified that a Participant cannot register and submit Entries (as defined below) and /or upload Video(s) and/or share the link of the Video(s) on the Website through multiple registered mobile numbers . In such cases only the first Entry submitted by the Participant through a particular mobile number shall be considered and the others shall be deemed invalid.
iv. Once the mobile phone number is registered in the manner as stated therein, an OTP (One Time Password) will be sent to the registered mobile phone number submitted by the Participant(s). Participant(s) will be required to mention the OTP received on their registered Mobile Number within the permitted time as mentioned therein on the Website, post which, the Participant(s) 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 or validate the OTP during such mobile verification by the Company, the mobile no. 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.
v. Once the interested Participant have completed filling details of his/her Personal Information, he/she shall carefully read the Terms and Conditions available at [hyperlink] and click the checkbox ‘I Accept Terms & Conditions’ (or any other similar wording) in order to accept the Terms and Conditions. The Participant shall also read the personal information policy and click the checkbox to accept the Company’s personal information policy. For the sake of clarity, it is clarified that there is a common checkbox to accept each of these terms.
(b) Video Upload Functionality:
i. Once the Participant(s) shares the Personal Information required, he/she shall upload/share the link of one (1) video of the Participant(s) which has a brief explanation about his/her personality, experiences, passion towards participating in the Program, any other information like job, roles and responsibilities of the job and any other information or skills that may help him/her in qualifying in the Auditions. The video should be primarily in Tamil language; such video shall have a minimum duration of 30 (thirty) seconds and maximum duration of 180 (one hundred and Eighty) seconds. [referred to as “Video”]
ii. Once the Participant upload the Video(s) or share a link of the Video on the Website by following the instructions and as per the terms specified on such Website and click on “Submit” button a message will be promoted that the “Entry is successfully registered.”.
iii. If at any point of time the Company and/or Production House finds that the mobile number shared by the Participant 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 Video uploaded on the Website may be in the .mov or .mp4 format and shall not exceed the size of 50 mb. For the purposes of this Audition, by uploading and /or submitting his /her Video on the Website, the Participant agrees and undertakes that the Participant is 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(s) hereby represents, covenants and declares that (i) the Video is original and is performed/enacted by the Participant(s), (ii) 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 Video, such material and all rights therein and that no other person or party has right or interest in the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Video shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Video are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant(s) has not granted any rights in the Video to the prejudice of any rights granted to the Company hereunder (vi) 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 Video for the purpose of the Auditions 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 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 Video or reject the Video altogether and the Participant agrees not to object to the same. The Participant(s) must ensure that no false and/or misleading statements are made by him/her and that he/she does not refer to any commercial product and/or service in the 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 submitted by him /her is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc
vii. The Participant(s) further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update, submit, share the Video(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 Auditions, logging onto the Website, furnishing the Personal Information in the mode and manner as prescribed, mandatorily uploading/sharing a link of 1 (one) Video shall be considered as a complete and valid entry (“Entry” or “Entries”). It may be clarified that once the video is uploaded on the Website, he/she shall not be entitled to re-submit any information, including but not limited to any Video and such Entry submitted by him/her shall be considered final and valid Entry for the purpose of the Audition. Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if the Participant(s) fails to provide upload the video or fails to furnish Personal Information in the manner prescribed or if the Video submitted is less than the minimum duration or more than the maximum duration stated herein or a valid link is not shared, then his/her Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Auditions. The Channel/Company and/or Production House shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant(s) shall unconditionally facilitate the same. Any incomplete Entry and /or Entries with incorrect format, broken/bad web link, inadequate Personal Information, 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 Auditions.
ix. Entries received after the Audition Period will not be considered for the Auditions 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 to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein.
8. The selection and shortlisting process for the Auditions shall be conducted as detailed below for each Level of the Auditions. For the sake of clarity, Participant cannot enter the Auditions without undergoing the process at each Level:
A. LEVEL 1
i. Subject to the Participant(s) having made a valid Entry, all the Video(s) fulfilling the criteria set out herein shall be viewed and evaluated by the Production House and/or the Company and/or its representatives and/or professional experts appointed by the Company and/or the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s). The Participant(s) shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.
ii. The Participant(s) shall be evaluated and shortlisted by the Panel on the basis of their personal background, overall personality, his/her entertaining skills viz performance, mannerism or any such other criteria determined by the Company/Production House at its sole discretion.
iii. The Panel shall have the sole authority to judge and rate the Audition Video(s) and performance of all the Participants and their decision shall be final and binding on all Participants. Based on the evaluations of the Video(s) by the Panel, the top rated performances shall be shortlisted and the Participants(s) shall be selected and eligible for participation in Level 2 of the Auditions.
iv. The Participant(s) selected and shortlisted for Level 2 shall be personally intimated via telephone to the contact number that has been provided by the Participant at the time of registration, and the Participant(s) shall be solely responsible for receiving the calls from the Company and/or the Production House. The Participant shall be required to give confirmation of the Participant’s participation for Level 2 Auditions upon receiving a call. The telephone communication from the Company and/or Production House shall also provide details of the medium (which shall be audio-visual conferencing/ zoom call or other similar platform/media) or through on-ground and requirements for the Level 2 Auditions which the Participant shall be required to confirm and make necessary arrangements for the same, if through audio-visual conferencing/zoom call or other similar platform/media, prior to the Level 2 Auditions. It is clarified that in the event the Participant(s) have not installed the necessary software or otherwise met the necessary requirements for the Level 2 Auditions, the Participant shall not be eligible for the Level 2 Auditions and shall consequently be disqualified.
v. Participant(s) shortlisted at Level 1 shall be required to be available as per the requirement and instructions of the Company and/or the Production House, as may be informed by the Company and/or Production House in advance, to participate and perform in Level 2 Auditions, on specific dates and time and manner of conducting such Auditions, as decided and communicated by the Company. In the event the Company and/or Production House conducts the Level 2 Auditions via Video Conference, then the Company and/or the Production House will inform the Participant(s) of the same in advance and it shall be the sole responsibility of the Participant to make the Participant available for such Video Conference. If the Participant fails to make himself/herself available on Video Conference on the date and time as informed by the Company and/or the Production House, the Entry of the Participant will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion. In the event the Company and/or Production House conducts the Level 2 Auditions via on-ground, then the Company and/or the Production House will inform the Participant(s) of the same in advance and it shall be the sole responsibility of the Participant to make the Participant available for such on-ground auditions. If the Participant fails to make himself/herself available to attend the on-ground auditions on the place, date and time as informed by the Company and/or the Production House, the Entry of the Participant will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.
vi. The Company and/or Production House shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant(s) shall unconditionally & promptly facilitate the same.
vii. The Company and/or Production House reserves the right to introduce other prospective shortlisted Contestant(s) who have gone through the similar selection process as the Contestant(s) or such other selection process as deemed fit by the Company and/or Production House. Such decision of the Company shall be final and binding upon all the Contestants.
viii. The Company and/or Production House reserves the right to select any number of Contestant(s) from the Level 1 and shall inform the shortlisted candidates for Level 2 Auditions. The timelines for such intimation shall be at the sole discretion of the Company and/or the Production House and the Participant shall not have any right to question for the same.
B. LEVEL 2
Due to COVID 19 PANDEMIC, the Company and/or Production House reserves the rights to decide whether to conduct the Level 2 of Auditions through on-ground or digital platform at its sole discretion. In the event the Company and/or Production House decides to conduct the Level 2 of Auditions through on-ground (as detailed hereinbelow), then the Contestants shortlisted at Level 1 shall be required to be present and participate on specific place, date and time as communicated to the Participant by Company and/or Production House. In the event the Company and/or Production House decides to conduct the Level 2 of Auditions through digital platform (as detailed hereinbelow), then the Contestants shortlisted at Level 1 shall be required be available and participate on specific dates and time and via such platform/media in the mode and manner as decided by the Company and/or the Production House and communicated to the Participant(s).
I. In the event the Company and/or Production House decides to conduct the Level 2 of Auditions through on-ground (as detailed hereinbelow), the Participant(s) shortlisted at Level 1 shall be required to participate and qualify in further level of on-ground auditions (as detailed herein below) to be held tentatively at Chennai.
i. Participant(s) shortlisted at Level 1 shall be required to be present in the Audition Centre in Chennai or any other location /city as deemed fit by the Company at its sole discretion to participate and perform in Level 2 of Auditions on specific dates and time as decided and communicated by the Company.
ii. These auditions will be conducted during the Audition Period and the timings for participating in Level 2 of Auditions will be intimated to the Participant(s) by telephone. The Participant(s) will have to be present at the Audition Center on the date and time specified along with the documents and photographs required (both in original and attested photocopy). It is clarified that the Participant(s) failure to submit the aforementioned documents and/or attend the on-ground auditions without the same shall automatically disqualify the Participant from further participation in the Auditions and Program.
iii. The Participant must carry with him/her the unique registration number which is given to him/her at the time of Auditions. The Participant(s) will have to sign the registration form along with the release form, nondisclosure agreements, the Terms and Conditions or any other documentation as may be required by the Company at its sole discretion in order to participate in the Level 2 of Auditions. Company’s authorized representatives will have the final right to refuse registration/eligibility for the Participant(s) to participate further at their sole discretion.
iv. The cost of travel and lodging of such Participant(s) shall be borne by the Participant himself/herself. If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company and/or the Production House, the Entry of the Participant(s) will be deemed invalid.
v. Each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company and/or the Production House.
vi. Subject to completion of formalities as prescribed by Company and/or the Production House, the Participant(s) shall be interviewed and evaluated by the Panel. The Panel shall basis the performance in the interview, confidence, uniqueness, entertainment factor, energy in participation, etc or any such other criteria and parameters determined by the Company/Production House at its sole discretion select the Show Player(s) for the Program. For avoidance of doubt it is clarified that the decision of the Company and/or Panel and/or Production House shall be final in this regard and the Participant(s) shall not have any objection to the same.
vii. The 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 Auditions and/or the Entry and the Participant(s) shall unconditionally promptly facilitate the same.
viii. The Participant(s) selected as Show Player(s) shall be personally intimated about their selection via telephone to the contact number that has been provided by the Participant at the time of registration and the Participant shall be solely responsible for receiving the calls from the Company and/or Production House. The Participant shall be required to give confirmation of the Participant’s participation in the Program upon receiving a call.
ix. The Company and/or Production House reserves the right to select any number of Contestant(s) as Show Player(s). The timelines for such intimation shall be at the sole discretion of the Company and/or the Production House and the Participant shall not have any right to question for the same.
II. In the event the Company and/or Production House decides to conduct the Level 2 of Auditions through digital platform (as detailed hereinbelow), the Contestants shortlisted at Level 1 shall be required to participate on specific dates and time and via such platform/media in the mode and manner as decided by the Company and communicated to the Participant(s).
i. The Participant agrees, acknowledges and understands that Level 2 of the Auditions which may be conducted through digital platform, may be conducted via Video Conference on any social connecting platform as determined by the Company and/or Production House including but not limited to zoom call, Google duo, Whatsapp video call etc. The Participant accepts any terms and conditions imposed by such platforms on which video conference is conducted. The Participant recognizes and accepts the risks associated with communicating by video conference and agrees that he/she shall not hold the Company and/or the Production House liable for any loss of any information, act or omission including for loss of sensitive and personal information and data of the Participant by such platform.
ii. The Participant(s) called for Level 2 of the Auditions will be interviewed and evaluated by the Panel. The Panel shall basis the performance in the interview, confidence, uniqueness, entertainment factor, energy in participation, etc or any such other criteria and parameters determined by the Company/Production House at its sole discretion select the Show Player(s) for the Program. For avoidance of doubt it is clarified that the decision of the Company and/or Panel and/or Production House shall be final in this regard and the Participant(s) shall not have any objection to the same.
iii. The 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 Auditions and/or the Entry and the Participant(s) shall unconditionally promptly facilitate the same.
iv. The Participant(s) selected as Show Player(s) shall be personally intimated about their selection via telephone to the contact number that has been provided by the Participant at the time of registration, and the Participant shall be solely responsible for receiving the calls received from the Company and/or Production House. The Participant shall be required to give confirmation of the Participant’s participation in the Program upon receiving a call.
v. The Company and/or Production House reserves the right to select any number of Contestant(s) as Show Player(s). The timelines for such intimation shall be at the sole discretion of the Company and/or the Production House and the Participant shall not have any right to question for the same
9. The selected Show Player(s) shall have to ensure that they (i)make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company from time to time, (ii) reside in the House and abide by the format rules and terms and conditions as decided by the Company and/or Production House at its sole discretion, and (iii) be present at the Studio at the time and date communicated by the Company. The selected Show Player(s) must always be present at the House/studio at the time and date communicated by the Company. Being absent at the House/Studio at a time and place communicated to the Show Player may result in disqualification from the Auditions at the sole discretion of the Company.
10. Show Players agree and undertake to unconditionally execute such agreement and declarations and provide such additional documents, as sought by the Company in its sole discretion in respect of their participation in the Program.
11. In case if the Participant is selected as a Show Player, then the Participant represents and undertakes that the Participant shall make himself / herself exclusively available for the entire duration of the Program, shoot of the Program including any additional days required for promotion / marketing activity and/or any other period as required by ASCPL without any additional compensation for the same.
12. Irrespective of whether the Participant (s) have been disqualified and /or eliminated at any of the Levels of the Auditions and fail to proceed further or if their Entries have been disqualified at any Levels of the Auditions , the Company and /or the Channel shall continue to have the right to Exploit and /or publish the Videos submitted by them as part of their Entries on the Website and /or any digital platforms owned by the Company worldwide in perpetuity.
13. Any entry made after the Audition Period will not be considered for the Auditions and shall be deemed null and void. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.
14. Participant(s) who have previously participated in any reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Contestant(s) agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter
15. The Company and /or the Production house and /or the Panel (as the case may be) reserve the right to stop/interrupt the performance of the Contestant(s) at any given point during any of the Levels of the Auditions and the Contestant(s) shall have no objection to the same nor shall they raise any objections against the same. It is further clarified that the Company and /or the Production House and /or the Panel (as the case may be) are not obligated to interview the Contestant(s) beyond a reasonable time period. For the purposes of this Auditions, reasonable period shall mean 5 (five) minutes. The Participant(s) shall abide by the decision of the panel and/or Judges/Company/Production House in this regard.
16. For avoidance of doubt it is clarified that the selection of the Show Players made by the Channel/Company shall be final and binding on all the Participant(s) and in no event shall the Participant(s) dispute the decision made by the Channel/Company or its employees in connection to the Auditions. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the Auditions to qualify for the Auditions/Program, the decision of the Company shall be final and binding
GENERAL RULES
1. The Auditions is strictly open to Participant(s) between the age of 18 (eighteen) years and 64 (sixty four) years i.e 18 (eighteen) years or above and 64 (sixty four) years or below, as of 24th August, 2022, being a citizen and resident of India during the Audition Period and the Program, as per respective applicable laws
2. Employees of the Company, 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; Participant(s) not conversant in spoken Tamil; are ineligible to participate in the Auditions. 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 and/or Production House 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 Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions. It is the onus of the Participant(s) 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 a citizen and resident of India and is free and competent to enter the Auditions; 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 honouring any of the Terms and Conditions stated herein. The Company and/or the Production House, shall have the sole right to disqualify such un-attended participants from further participating in the Auditions and such decision will be final and binding on the Participant. The Company and/or Production House shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant(s) shall unconditionally & promptly facilitate the same.
5. Participant(s) hereby provides his/her consent for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy, and (ii) the following terms and conditions:
a. The Participant has read, understood and accepted the Privacy Policy and understand and agree that the Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy.
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. of the Participant.
c. The Personal Information is being collected by the Company/ Production House pursuant to the Terms and Conditions, in connection with the Auditions/Program and it is necessary for the Company/ Production House to collect the Personal Information for the Auditions Program and the uses set out below in (d) below.
d. The Personal Information will be used for the Auditions/Program, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by the Company, in respect of the Auditions/Program on the channel(s) owned 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 and the public at large, in connection with the Program.
f. The Production House will be collecting and retaining the Personal Information on behalf of the Company.
g. The Company has informed the Participant(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 my entry and/or participation in the Auditions and /or Program, as deemed fit and necessary by the Company at its sole discretion.
h. All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information.
i. The Company has provided the Participant(s) with the option to opt out of providing his/her Personal Information and the Participant(s) Personal Information, and the Participant(s) has not exercised such option.
6. The Participant shall not make any claims against ASCPL and/or the Production House, their directors, employees, and/or Panel arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Auditions or any related activity including any unauthorized access of the videos, etc. If the Participant is found to be ineligible and has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.
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 to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company and/or the Production House. 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 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 the Program and/or any aspect related to Auditions/selection process. 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 Auditions and waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
9. The Participant acknowledge that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant fully understand this aspect of the Program and shall neither hold the Production House/ASCPL liable for any such depiction nor shall make any claims in respect of the same against the Production House/ASCPL and/or the Channel or any of its representatives and/or the Panel.
10. The Company reserves all rights to make amendments to the Auditions mechanism, Auditions Period, Levels of Auditions 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 Auditions on the, Website, from time to time. ASCPL also reserves the right to cancel and/or postpone the Auditions and/Program at any point of time without any prior intimation to the Participant(s) and/or the public.
11. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/ Program. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions and/or Program. The Participant(s) by entering into the Auditions represents and confirms that the Participant is medically fit to perform in the Auditions and / Program and 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.).
12. The Participant(s) will be required to furnish necessary supporting documentation in original (i.e., birth certificate, passport, aadhar card, school leaving certificate 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 Auditions. 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.
13. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and/or the public.
14. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.
15. 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 Auditions 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 Auditions and/or accommodate any person or persons who have been selected in the Auditions.
16. In case for whatever reason any Participant is not agreeable to travel, stay, etc. entirely at his/her own expense, the Company and/or the Production House will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.
17. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding and each Participant shall without limitation be bound by such decision of the Company.
18. The Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement regarding any event or any person alive or deceased, or do anything in the nature of an endorsement/advertisement that may expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.
19. 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 Program or the Auditions or the Program or the names and identity of the selected Show Players, Panel or the format of the Program or any aspect related to the Program or any information regarding the Company without Company’s prior written consent in each instance. The Participant or any persons related to the Participant(s) 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.
20. 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 Auditions /Program/ Show.
21. Non-conformance by any Participant, of directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then ASCPL will at its sole discretion be entitled to disqualify their Entry on an immediate basis.
22. The Participant(s) shall strictly follow the guidelines to be followed and precautions to be taken for Auditions during the COVID -19 pandemic, including but not limited to the guidelines issued by Government Of India (GOI), respective State Governments and any other regulatory/quasi regulatory authority. If the reports of the Participant(s) are positive for COVID-19, the Company is entitled for immediate suspension of the services of the Artist till the Artist get negative report.
23. The Participant(s) acknowledges that the Audition/shooting and production of the promos is subject to certain COVID-19 related safety measures/precautions in accordance with the guidelines, notifications, advisories and/or orders issued and amended from time to time by Central and/or State Government and certain guidelines and SOPS finalized by the Company, the Participant(s) shall undertake to unconditionally and absolutely implement and comply with the same. Failing which, the Company reserves the right to at its sole discretion disqualify / reject the Participant(s) participation in Auditions & shooting of the promos forthwith. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or the current Covid 19 Pandemic or any act beyond the reasonable control of the Company or any guidelines issued by the Tamil Nadu State 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 Show/ Programs/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participants.
24. Notwithstanding a Participant's participation in the Show/ Auditions, there is no obligation on part of the Company to broadcast any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.
25. Participant(s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot/filmed/recorded during the Auditions/Show or the Program on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.
26. In consideration of being afforded an opportunity to participate in the Program/Auditions, 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 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 neither the Participant(s) shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company. The Participant 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.
27. The Participant(s) waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. 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(s) acknowledges that the Entry submitted and/or contribution to the Materials does not qualify as a ‘performance’/ ‘live performance’ within the meaning of the Indian Copyright Act, 1957.
28. 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 Website 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/Auditions or any ancillary event related to the Program/Auditions).
29. 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/Auditions without any money payable/ any consideration to the Participant. Further, 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.
30. 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.
31. The Participant agree that in consideration of being given opportunity to the Participant to participate in the Auditions, they shall hold harmless the main sponsor (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 Auditions and /or Entry and /or any aspect related to their participation in the Auditions 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.
32. The Participant 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, by SIPL and /or any of its affiliate companies and/or channels.
33. The Participant(s) 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 Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. ASCPL and/or the Production House shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.
34. 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 in respective rounds of eliminations in the Program/Auditions.
35. 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.
36. 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.
37. 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.
38. The participation of the Participant the in the Auditions shall mean that the Participant has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.
39. 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 Auditions 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 Chennai, English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) who has raised the dispute.
40. Subject to the provision of clause 39 above, the Courts having exclusive jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Chennai, India. The Participant(s) agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.