Biggest Star Fan Content 2020
Terms & Conditions
The following terms and conditions (“Terms and Conditions”) govern the entire process for participation in the Biggest Star Fan Contest 2020 (“Contest”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in Australia, Cambodia, Fiji, Hong Kong, Indonesia, Japan, Maldives, New Zealand, Philippines, Singapore, South Korea, Sri Lanka, Taiwan or Thailand (hereinafter collectively referred to as the “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited together with its affiliates, associates, agencies etc., as the case may be (collectively referred to as “Company”) for the purpose of selection and participation of Participants in the Contest.
The Contest shall be governed by the Contest Terms, and, by entering the Contest, each Participant acknowledges that they have read and understood, and unconditionally agree to comply with and abide by these Contest Terms. It is clarified that the Company’s decisions on all matters relating to the Contest shall be final and binding in all respects.
The Contest shall commence on 25th July 2020 at 12:00 a.m. and shall conclude on 30th September at 12:00 a.m. (“ Contest Period”).
(I) Participants’ Eligibility
To participate in the Contest the Participant(s) must comply with the below:
1. The Participant(s) must be individual citizens/resident of the Territory, who are aged 18 (eighteen) years or above and should have attained the age of majority in their jurisdiction at the start date of the Contest Period.
2. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible, as per the laws of the jurisdiction to which the Participant(s) is(are) subject, to enter into a contract.
3. The Contest is not open to the employees (permanent or contracted) and directors, including each of their immediate family members, of (i) the Company, its parent, subsidiary and/or affiliated companies (collectively, “Company Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and/or entities connected with the promotion of the Contest (collectively, the “Sponsors ”).
4. The Company reserves the right to verify the eligibility of all Participants.
5. Non-conformance by the Participant(s) with any and all of the Terms and Conditions herein or as set by the Contestant from time to time will make such Participant’s participation in the Contest null and void.
(II) Participation Mechanism:
1. Questions (which may be in any format) related to the Company’s shows (“ Questions”) shall be posted by the Company on the Star Plus Facebook and Instagram pages (“Social Media Pages”) available in the Asia Pacific region. The content, format, frequency and timing of the Questions shall be at Star’s sole discretion.
2. To enter the Contest, Participants must follow the Social Media Pages during the Contest Period and select the correct answer to the Questions during Contest Period. To send in their answers to the Questions, Participant(s) may respond to each Question in the manner specified for that Question, on the Social Media Pages (“Entry”).
3. Only the first Entry by a Participant for any Question shall be allowed and considered for the purpose of determining the Winner for that Question. For the sake of clarity, if a Participant has submitted multiple Entries for any one Question, only the first Entry shall be considered for each Question, and any subsequent Entry(ies) shall be considered null and void.
4. Any Entry should provide all required information requested from the Participant(s). If the same is not complied with, then the Entry will not be considered for the Contest and will be disqualified. All information submitted by the Participant must be accurate and complete and are subject to the provision of proof(s) by the Participant, upon request by the Company. It is clarified that Participants who have already provided the required information in a previous Entry shall be required to provide the required information again in every fresh Entry that they submit.
5. Participant(s) must enter the Contest on their own behalf only and Entry(ies) by proxies shall not be accepted.
6. The Entries received before the commencement and/or after the expiration of the Contest Period shall be void. The Company’s determination of the date and time of receipt of Entries shall be final and binding on all Participants. Any incomplete and/or illegible Entries will result in disqualification from participation in the Contest and the receipt of any Prize.
7. The Company shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, the Company shall not be responsible for technical errors of any nature whatsoever that results in an Entry not being received. Any automated receipt of confirmation does not constitute proof of actual receipt of the Entry.
8. Only eligible Entries received from eligible Participants, during the Contest Period, will be considered for the Contest. Each Participant represents that the Entry is authentic and not fabricated for the purposes of the Contest.
9. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, obscene, defamatory, derogatory, abusive, offensive, insensitive, libellous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirms that the Entry is in compliance with all applicable laws of the Territory and agrees to keep the Company, Company Entities and/or Sponsors indemnified from any claim thereto.
10. The Participant(s) agrees that the Entry shall be free of any virus/trojans/spyware/malware or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intended to harm and/or provide unauthorized access to the recipient’s computer and the data therein.
11. You will be eligible to receive the Prizes (as defined below) in accordance with the Selection Process and Gratification section below.
(III) Selection Process and Gratification:
1. The Company will within twenty four (24) hours after the expiry of the period in which Entries may be submitted for each Question, shortlist and contact one (1) Participant (using a randomiser to select the winner from among all Participants who have answered the relevant Question correctly) who is eligible for the Prize for that Question (individually a “ Winner” and collectively “Winners”). Such Winners shall be required to fulfil all of the requirements set out in these Terms and Conditions.
2. The Winners will be contacted through the contact details provided with the Entry. Such Winner will be required to execute any and all legal documents as required by the Company. In case a Winner is unable to verify the eligibility details, the said Winner shall be disqualified from the Contest, at the sole discretion of the Company.
3. The results of the Contest and the Winners will be announced by the Company within twenty four (24) hours after the expiry of the period in which Entries may be submitted for each Question or as otherwise decided by the Company in its sole discretion. In the event, such announcement of Winner(s) is postponed for any reason whatsoever, the Company will not be held responsible for and there shall be no announcement of Winners on any public forum or otherwise. In the event that the Company is of the opinion none of the Participants are eligible to be selected as a Winner, then the Company may exercise its discretion not to select any Winner.
4. The Company shall not be responsible if the Winner(s) are not available at the contact details provided by them in the Entries and as a result of which the Winner(s) loses their chance to receive the Prizes. The Company shall make only one (1) attempt to reach the Winner(s). In case they do not revert, the selection shall be invalidated and the Company shall not be liable to such Winner(s) in any manner whatsoever.
5. The Winner(s) shall be required to be available as required by the Company to receive the virtual certificates declaring the Winner(s) to be the Biggest Star Fan (“Prizes”). The Company shall not be liable if any Winner for any loss/ damage to their person or property caused/incurred during the Winners’ collection of the Prizes and the Winner(s) shall keep the Company indemnified for any loss suffered as a result of the same.
6. If any Participant engages in any behaviour that the Company in its sole discretion believes to be prejudicial to the spirit of the Contest, it will result in such Participant’s disqualification from the Contest and the receipt of any Prize.
7. If any selected Winner is unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.
8. All decisions taken by the Company shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed to mean that the Participant(s) has(ve) waived their right to dispute any decision(s) made by the Company.
9. The Company reserves the right to change or withdraw the Prize should the selected Winner(s) fail to comply with any of the Contest Terms and/or applicable laws or for any reason whatsoever.
10. The Company, the Company Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize.
11. In case Participant(s) and/or Winner(s) fail to produce any documents required by the Company for the purpose of verification of compliance with these Terms and Conditions, such Participant(s) and/or Winner(s) shall stand disqualified without any liability to the Company.
12. The Prizes are non-refundable, non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner(s) and the Winner(s) cannot exchange the Prize(s) for a gift of equivalent value. Further, the Prize won is personal to the Winner(s) and the Winner(s) cannot transfer the Prize to any other person(s).
(IV) CONSENT FOR PROCURING PERSONAL INFORMATION
(a) Your Personal Information (including but not limited to your name, your username, location/city, email ID, phone number and address) may be collected by the Company pursuant to the Contest Terms, in connection with the Contest. You hereby also agree that it may be/become necessary for the Company to collect the Personal Information in connection with your participation in the Contest and for the uses set out below.
(b) Your Personal Information will be collected, retained and used by the Company only for the Contest and for promotional/gratification purposes around the Contest and for no other purpose.
(c) Your Personal Information may be used for the Contest, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Contest on the STAR network.
(d) The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify your Entry and/or participation in the Contest, as deemed fit and necessary by the Company at its sole discretion.
(e) All your Personal Information is true, correct and complete in all respects, and in no circumstances will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.
(f) The Company has provided you with the option to opt out of providing your Personal Information.
(g) You hereby agree to abide by the Contest Terms.
(V) ADDITIONAL TERMS:
1. The Winner(s) shall also be required to comply with the terms and rules as may be published, displayed and/or communicated by the Company, from time to time.
2. The Company reserves all rights to make amendments to the existing Contest Terms or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) check the Contest Terms on the website of the Company and the Social Media Pages.
3. The Company reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.
4. Under no circumstances will the Company, the Company Entities and/or the Sponsors 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.
5. The Winner(s) hereby acknowledge and agree that the relationship between the Winner(s) and the Company is not a confidential, fiduciary, or other special relationship.
6. The Winner(s) hereby agree to be bound by the Contest Terms and/or by any subsequent revisions of the Contest Terms (“ Revised Terms”). The Company reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Contest Terms.
7. All Entries shall become the property of the Company and/or the Company Entities. By entering the Contest, the Winner(s) grant the Company and the Company Entities unlimited use of their names, social media handles, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.
8. For the sake of clarity, all rights, title and interest in Entry shall vest with the Company and may be utilized by the Company at a later point in time, at its sole discretion. The Participant(s) and/or the Winner(s) hereby irrevocably, perpetually and for the entire world, assign all rights, title and interest including rights in any intellectual property vested in the Entry to the Company including but not limited to the right to make any adaptation, rights in any form of exploitation etc.
9. Except as expressly provided herein, all ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges, expenses, taxes, costs, etc. are the sole responsibility of the selected Winner(s).
10. By providing any Personal Information to the Company and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to the Company. If a Participant does not wish to have their information and/or likeness viewed by or disclosed to others, they should not enter the Contest.
11. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,
12. The Winner(s) agree that if due to any reason, whatsoever, beyond the control of the Company the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, the Company cannot be held responsible and/or liable for the same.
13. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Winner(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prizes.
14. The Winner(s) shall do any and all acts and execute any and all documents in such manner as may be required by the Company in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to the Company failing which their selection shall be forfeited.
15. The Participant(s) and/or the Winner(s) shall fully indemnify, defend and hold harmless, the Company its affiliates, officers, directors, employees and agents (collectively the “ Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) wilful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner(s) during the Contest and/or enjoyment of the Prize.
16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) have waived their right to raise any dispute with regard to the Contest and/or the Prizes and/or any decision of the Company, in any manner whatsoever.
17. The Contest shall be governed by and construed in accordance with the applicable laws of India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the courts at Mumbai.
18. Limitations of Liability: By entering the contest, each Participant (which shall include all Winners) 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 Prizes 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 the Company and/or the Company 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.
The source of the information collected about the Singapore Participants shall be their Entries.
Here are our privacy principles:
Providing information to the Company is Your choice. By providing information to the Company You agree to allow the Company authorized use of Your information and You agree to abide by the Terms and Conditions.
You always have the ability to have all Your information deleted and to opt-out of receiving communications from the Company.
Information Collection and Use:
The primary purpose for the collection of information is for the purposes of the Contest, including for transactional emails for the purposes of the Contest.
You may be asked to provide the Company with certain personally identifiable information ("Personal Information"). Personal Information may include, but is not limited to, Your name, age, address, phone number, email ID, social media profile, birthday and any other information which the Company may from time to time require.
Information Sharing and Disclosure:
The Company is the recipient of all the information and undertakes responsibility for the secure retention of the information provided by the Participants.
Deleting Your Information
If You wish to have the Personal Information that You have provided to the Company deleted, You can always do so by sending a request to the Company on the e-mail id of our Customer Services department provided at the bottom of this page. You may note that deletion of certain Personal Information may lead to cancellation of your Entry.
Compliance with Laws and Law Enforcement:
The Company shall cooperate with mandated government and law enforcement agencies or any third party by an order under law for the time being in force to enforce and comply with the law. Any information about You will be disclosed to government or law enforcement officials or private parties as the Company, in its sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect the property and rights of the Company or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity.
The Company may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
The Company may use Your information for a variety of transactional emails. You have full control regarding which of these emails You want to receive. If You decide at any time that You no longer wish to receive such communications from the Company, please follow the unsubscribe instructions provided in any of the communications. Please note that once the Company receives your request, it may take an additional period of time for your opt-out to become effective which will, in no case, be more than ten business days from making the opt-out request.
The Company uses ordinary industry standard technology designed to help keep Your Personal Information safe. The secure server software (SSL) encrypts all information You put in before it is sent to the Company. Furthermore, all of the Participant data the Company collects is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, the Company will employ commercially reasonable and practicable security practices and procedures and security methods and technologies. The Company will also ensure on reasonable commercial efforts basis that any agent or third party that the Company employs complies with the same security standards as the Company for the protection of Your Personal Information.
Your information may be transferred to or be maintained on computers, computer systems and computer resources located outside of your state or country where the privacy laws may not be as protective as those where You live. Please be aware that the Company stores and/or transfers information to India and processes it there. Your submission of such information represents Your agreement to that transfer.
Unfortunately, the transmission of information over the Internet is not completely secure. Although the Company strives to protect your personal data, the Company cannot guarantee the security of Your data while it is being transmitted to the Company’s site; any transmission is at Your own risk. Once the Company has received Your information, the Company has commercially reasonable procedures and security features in place to reasonably endeavor to prevent unauthorized access.
If You have any other questions about the security of Your Personal Information, please contact the Company using the links at the bottom of the page.
Identity theft and the practice currently known as "phishing" are of great concern to the Company. Safeguarding information to help protect You from identity theft is a top priority. The Company does not and will not, at any time, request Your credit card information, Your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.
If you have any questions or grievance or want to delete or modify your Personal Information, you shall mark your correspondence (given under the heading “Contact Us”) to email@example.com. Any communication which is not marked to this email address shall not be treated as a valid and binding communication for the purpose of this Annexure A and applicable laws w.r.t. this Annexure A.