Dance +5 Voting Rules
MISSED CALL VOTING RULES
These rules for voting (“Voting Rules”) uploaded on https://www.startv.com/legal-terms-policies/#d5v (“Website”) shall be binding on each Viewer (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily wishes to vote for the Final Contestants (defined below) in respect of the program titled “DANCE+5” (“Program”) broadcast by Star India Private Limited (“STAR INDIA/Company”) on the channel STAR Plus (SD and HD) (“Channel”).
You hereby agree and understand that STAR INDIA will have access to and collect information and data shared by You including your Personal Information (defined below) submitted by You during the course of voting. By voting, You consent to the collection, receipt, storage, processing, disclosure, transfer, use, retention and sharing of the Personal Information by STAR INDIA, its affiliates, and designated third parties in accordance with the terms of STAR INDIA’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”). By voting in accordance with the Missed Call Voting Mechanism as detailed in Clause 5 below, You have read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions including these Voting Rules and to the Privacy Policy. If you do not agree to be bound by or cannot comply with any of these Voting Rules and the Privacy Policy, please do not proceed to vote. The decision of STAR INDIA for all matters relating to your voting shall be final and binding in all respects. The Missed Call Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein below.
The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to voting by the Viewer(s) gathered hereunder or pursuant to this voting process by STAR INDIA (if any) (“Personal Information”). The Missed Call Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein.
All Capitalized terms herein shall have the meaning ascribed to them in the Terms and Conditions applicable to the Program, available at https://www.startv.com/legal-terms-policies/#d5 .
I. PRINCIPAL RULES
The following are the Principal Rules for the Missed Call Voting Mechanism (defined below) for the Program on the Channel conducted by STAR INDIA:
1. The Program is a dance based reality program wherein contestants between the ages of 5 (five) years and 55 (fifty-five) years (“Contestants”), who are citizens and residents of the Territory individually or as part of a Group comprising 2 (two) or more individuals compete against each other by voluntarily participating in and /or being part of various selection processes, auditions or levels of selection as per the format of the Program.
2. On the basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality and such other criteria as determined by the Company in its sole discretion. Remo Dsouza who is the Super judge (“Super Judge”) on the Program, shall award scores to each Contestant per week. The scores awarded by Remo Dsouza were considered for the selection and shortlisting of the final top 10 (ten) Contestants or as decided by the Company (“Final Contestants”). These Final Contestants, shall thereinafter perform and compete against each other in the further upcoming televised episodes /rounds of the Program (“Final Rounds”).
3. It is clarified that the Final Rounds of the Program shall tentatively commence from January 13, 2020 onwards and will continue till February 16, 2020, or such other dates, as may be decided by the Company from time to time, in its sole discretion. (“Voting Period”)The Voting for the Final Rounds shall be conducted via: (i) votes cast by Viewers via missed call, in the manner described under these Voting Rules (“Missed Call Voting Mechanism”); and (ii) votes cast via the mechanism available on the www.hotstar.com (“Platform Voting Mechanism”). The terms and conditions applicable to Platform Voting are available on https://www.startv.com/legal-terms-policies/#d5v. The Missed Call Voting Mechanism and the Platform Voting Mechanism are collectively referred to as “Voting Mechanism”.
4. The Missed Call Voting Mechanism (as detailed in clause 5) will commence and close for the episodes of the Final Rounds of the Program, as detailed hereinbelow, in the Territory (“Period”). During the Voting Period, Viewers or Voters can vote for their favorite Final Contestant(s), if they like the performance of any particular Final Contestant and/or all Contestants.
5. The Missed Call Mechanism is as provided below (“Missed Call Voting Mechanism”):
Week No. of Final Rounds |
Airing day and date of the Episode |
No of Performance(s) |
Shortlisting Episode or not |
Remaining Contestants competing for a spot in the Pre-Finale |
Number of contestants shortlisted for Pre- Finale |
Start Time of Missed Call Voting |
End Time of Missed Call Voting |
Week 11 LEGEND WEEK 1 Episodes 21 & 22 |
Saturday (18.01.2020)
|
Saturday: Top 10 Final Contestants perform individually. Sunday: Dance Battles between Final Contestants |
No |
10 |
NA |
8:00 PM on Saturday (18.01.2019) |
9:00 AM Monday (20.01.2019) |
Week 12 LEGEND WEEK 2 Episodes 23 & 24 |
Saturday (25.01.2020) Sunday (26.01.2020) |
Saturday: Top 10 Final Contestants perform individually. Sunday: Dance Battles between Final Contestants |
No |
10 |
NA |
8:00 PM on Saturday (25.01.2020) |
9:00 AM Monday (27.01.2020) |
Week 13 LEGEND WEEK 3 Episodes 25 & 26 |
Saturday (01.02.2020)
|
Saturday: Top 10 Final Contestants perform individually. Sunday: Dance Battles between Final Contestants |
No |
10 |
NA |
8:00 PM on Saturday (01.02.2020) |
9:00 AM Monday (03.02.2020) |
Week 14 Episodes 27 & 28 |
Saturday (08.02.2020)
|
Saturday: All Final Contestants perform individually. Sunday Dance Battles between Final Contestants |
Yes |
8 |
2 |
8:00 PM on Saturday (08.02.2020) |
9:00 AM Monday (10.02.2020) |
Week 15 Episodes 29 & 30 |
Saturday (15.02.2020) Sunday (16.02.2020) |
Saturday: Individual performances of Top 4 Contestants Sunday: Dance Battles between Final Contestants |
Yes |
0 |
2 (+ 2 from Week 14) (“Top 4” or as decided by the Company) |
8: 00 PM on Sunday (16.02.2020) Note: No voting on Saturday |
9:00 AM on Friday (21.02.2020) |
Week 16 Episode 31 |
Saturday (22.02.2020) |
All Contestants will perform. |
Yes |
NA |
1 Winner of the Program, selected from Top 4 |
No Voting |
No Voting |
Note: TBA- “To Be Announced”
6. To vote during the Voting Period, the Viewers, shall through their landlines/mobile numbers dial the unique number of the Final Contestants (s) for who they want to cast their vote and give them a missed call (“Missed Call Vote”). The unique number for each of the Final Contestant (s) shall be as follows:
Sr.No. |
NAME |
VOTING NUMBER |
1. |
Sanchita-Subrata |
1800-120-888801 |
2. |
Tron Brothers |
1800-120-888802 |
3. |
The Ace |
1800-120-888803 |
4. |
Monark |
1800-120-888804 |
5. |
Candybots |
1800-120-888805 |
6. |
Janam |
1800-120-888806 |
7. |
Rupesh Bane |
1800-120-888807 |
8. |
Deepika Rupesh |
1800-120-888808 |
9. |
Nritya Kala Kendra |
1800-120-888809 |
10. |
Bhim |
1800-120-888810 |
(i) The Missed Call Vote(s) of the Viewers shall be deemed to be received when subsequent to the Viewer giving a missed call, when he/she will hear recorded message acknowledging the Missed Call Vote(s). Once the Viewer has called a specific toll-free number associated with one Final Contestant 10 (ten) times (as detailed in Para (iii) below), a recorded message will inform them that the voting limit has been reached, post which the Viewer shall not be able to cast any more Missed Call Vote(s) for that Final Contestant.
(ii) It is clarified that during the Voting Period, each Viewer can cast a maximum of 10 Missed Call Vote(s) per particular Final Contestant from a single phone number which may be a landline number or a mobile number. However:
a. Viewer(s) shall be free to vote for multiple Final Contestants by way of a maximum of 10 Missed Call Votes per Final Contestant, during the Period, through a single landline /mobile number.
b. Viewers may be permitted to cast votes for any or all of the Final Contestants, through the Platform Voting mechanism, subject to the Platform Voting Terms and Conditions.
(iii) In the event that any Viewer casts his /her multiple Missed Call Vote(s) (exceeding 10 Missed Call Vote(s) per Final Contestant) for the same Final Contestant through the same landline /mobile number, then only the first ten Missed Call Vote(s) cast through such missed call for that particular Final Contestant shall be taken into account and not the subsequent ones.
(iv) Missed Call Vote(s) sent after the Voting Period will not be considered and shall be deemed null and void without requirement of any further intimation by STAR INDIA to the Viewer(s). The voting for those Final Contestants who have secured their positions in the Top 4 shall be closed after their selection and the Viewers shall not cast any more votes for them.
(v) The Super Judge of the Program shall be free and entitled to award scores to the Final Contestant(s) in each episode of the Final Rounds of the Program. Scores for each Final Contestant for each Final Round shall be calculated, at the discretion of STAR INDIA, as follows: (i) 50% of the score for each Final Contestant shall be attributed to votes received through the Voting Mechanisms; plus (ii) 50% of the score shall be attributed to the votes/ scores provided by the Super Judge (weighted average method), in respect of each Final Contestant.
(vi) Except for the Shortlisting Episodes, the highest scoring Final Contestants may or may not be announced in the episode following the Voting Period for each Final Round or such date as may be decided by Star India in its discretion. Notwithstanding anything contained herein, during any or all of the Final Rounds, in the discretion of STAR INDIA, the Super Judge may be granted the right to have an overriding vote in respect of any or all of the Final Contestants, which shall override the public votes. This right may be exercised without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules from time to time. “Shortlisting Episodes” shall mean such episodes in which the Top 4 are selected, as set out in the table at Paragraph 5 below.
(vii) In each episode subsequent to each of the Shortlisting Episodes, the top-rated Final Contestants (basis the scoring mechanism set out at Paragraph 6 (v) above) shall be selected as Top 4 for competing in subsequent Final Rounds of the Program, till the Winner of the Program is announced in the Final Episode.
(viii) In addition to the Votes garnered from the Viewer(s) for their favorite Contestant(s) by the Voting Mechanism, STAR INDIA may allow parallel voting facility for the Contestant(s) to the members of the public via any voting platform(s) during a period as deemed fit by STAR INDIA at its sole discretion.
7. However, for avoidance of doubt it is clarified that the Judges and /or any celebrities appearing on the Program shall be free and entitled to judge the performance of the Final Contestant(s) in each episode of the Final Rounds of the Program, express their views and /or comments on the performances of the Final Contestant(s) or award them in any manner deemed fit by them and STAR INDIA at their discretion, without any objection from any person and the Viewer(s) shall not in any manner be entitled to dispute or challenge the same.
8. The award (if any) given by the Judges and /or any celebrities appearing on the Program are at their discretion and shall be final and binding on the Final Contestants.
9. In the event of a tie between any of the Final Contestants during the Final Rounds the Super Judge shall have a casting vote.
10. STAR INDIA and/or the Channel reserve the right to modify the format of the Program, Final Rounds and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time. It is further clarified that in case of final scores (i.e., Votes received as per the Voting Mechanism) being tied for two (2) or more Final Contestant(s), the decision of Super Judge shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in any manner whatsoever.
11. The Voting Mechanism will be announced during the telecast of the Program on the Channel and/or on the Website.
12. The Viewers can cast their Missed Call Vote(s) for only those Final Contestant (s) of the Program who have competed in that episode of Final Round of the Program. Any Missed Call Vote(s) sent by the Viewers for the Final Contestant(s) who have not competed in that particular episode due to ineligibility for Missed Call Vote(s) through the Missed Call Voting Mechanism or is shortlisted as a finalist based on the last week’s Missed Call Votes or for any other reason whatsoever shall not be considered and shall be null and void.
13. Voting is merely to enable the Viewers to choose their favorite Final Contestant (s) or to provide Missed Call Vote (s) for the performance of a particular Final Contestant (s) that they have liked or appreciated. No winners will be declared and/or prizes distributed for the Viewers. Viewers are not entitled to make any claims in respect of this against the Channel, STAR INDIA and /or the Program.
14. The selection of the Final Contestant (s) and/or selection of the Top 4 finalists and/or declaration of the Winner and/or the decisions made by STAR INDIA and/or the Channel shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, Channel and/or its employees in connection to the same.
15. In the event any of the Final Contestant(s) and/or the Judges and/or any celebrities, host(s) or performer(s), as the case may be, are unable to perform, attend or appear on the Program, for any reasons whatsoever, STAR INDIA has the right to at its discretion anytime replace or bring in new Final Contestant(s), celebrities, mentors, hosts or performers, as deemed fit and necessary by STAR INDIA.
16. The selection of the Final Contestants by the Judges and /or any celebrities appearing on the Program and /or STAR INDIA, exercise of veto power by the Judges and /or any celebrities appearing on the Program, declaration of Missed Call Vote (s), and/or any decisions made by STAR INDIA and/or the Judges and /or any celebrities appearing on the Program, selection and declaration of the Winner shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, the Judges /or any celebrities appearing on the Program, Channel and/or its employees in connection to the same.
18. 17. STAR INDIA and/or the judges shall be entitled to, at its discretion, any time in the Program, to re-introduce the eliminated contestants and/or re-introduce fresh individuals/contestants during any stage of the Program. The Votes cast for the Final Contestants through the Voting Mechanism to the Final Contestants and the judging of the Final Contestants based on the same are binding on the Viewers and in no event shall the Viewers dispute the same.
19. In the event any of the Final Contestants who have qualified for the Final Rounds are unable to perform and /or appear in any of the Final Rounds, for any reason whatsoever, then STAR INDIA reserves the right to replace such Final Contestant with a subsequent Final Contestant, who was eliminated previously in the Final Rounds or any other contestant who was shortlisted and /or eliminated previously in the Program and such decision of STAR INDIA and/or Channel shall be final and binding on all including the Viewer(s) and Viewer(s) undertake to not dispute the same.
20. During each Final Round, the Super Judge shall, basis the scores he has awarded to Final Contestants, nominate such number of top-scoring Final Contestants (tentatively 4 (four) Final Contestants) to compete against each other in a dance battle (“Dance Battle”). The nominations of Final Contestant(s) who shall compete in the Dance Battle(s) shall be the top scorers for the week. If the top scorers in descending order are greater than 4 (four), the decision of the Super Judge shall be entitled to a casting vote, for all matters relating to the nomination for Dance Battle shall be final and binding on the on all Contestants and the Judges. The decision of Super Judge for all other matters shall be binding on all Contestants and Judges.
II. General Rules
1. The viewers interested in voting must be above the age of 18 (eighteen) years and a citizen and resident of the Territory (“Viewers/ Voters”). The Viewers should not have any criminal conviction or an arrangement or a contract that prevents the Viewers from voting.
2. Proof of age, if requested, of the Viewer(s) must be submitted to STAR INDIA as may be required by STAR INDIA to confirm the eligibility of the Viewer(s).
3. STAR INDIA reserves all rights to make amendments to the existing Voting Rules or withdraw, change, alter, amend the Voting Mechanism, process of selection of Top 4 (four) Final Contestants, Winner, Voting Rules, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules and Privacy Policy, from time to time.
4. STAR INDIA reserves the right to cancel and/or reschedule the Program and /or the Final Rounds and/or extend or alter the Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in any manner whatsoever by the Viewer(s).
5. Viewer(s) agree, understand and acknowledge that there is no prize/gratification for voting in the Voting Mechanism and casting of Missed Call Vote (s) for the Final Contestant(s) as detailed herein.
6. The Voting Rules shall be advertised sufficiently across the Website and /or the Channel to ensure that no Viewer is misled and each Viewer fully understands the entire process and costs (if applicable) for voting. It is clarified that all costs towards voting shall be borne by the Viewer solely without any recourse whatsoever to STAR INDIA or the Channel.
7. In case a Viewer(s) is found to be in non-conformance of the Voting Rules, then STAR INDIA will be entitled to at its sole discretion disqualify the Missed Call Vote(s) received from that Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible by law, the same shall not be disputed or challenged.
8. STAR INDIA shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network, technical disruption, connection failure, electricity failure, any other reason whatsoever and/or the cost of the missed call or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving STAR INDIA.
9. In case of any telecom and /or network failure and /or technical failure in giving missed calls and /or having an internet session and /or logging on to the official website of the Program and/or for any reasons whatsoever, STAR INDIA reserves the right to at its sole discretion to change/amend the Voting Mechanism and /or cease from accepting Missed Call Vote(s) of the Viewers during the Period for the episodes of the Final Rounds of the Program, in any manner it may deem fit and necessary. In addition STAR INDIA shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Voting Mechanism including without limitation voting system/failure in the mechanism of recording missed calls due to any reason whatsoever including technical disruption/phone lines being open /close /default in internet lines /connection or a default in playing the audio message to the Viewer upon casting of Missed Call Vote(s) / close or default / failure/ any other difficulties of such nature due to which the Viewer(s) is unable to record his/her Missed Call Vote(s) / failure to logging on automatic acceptance of Missed Call Vote(s) stated in these Voting Rules and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.
10. To the extent permissible in law, Viewer(s) shall not in any circumstances make any claims against STAR INDIA, Judges and /or any celebrities appearing the Program, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, accidents, deaths, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their voting. If the Viewer(s) is found to be ineligible, or if they have not complied with these Voting Rules, the corresponding entries will be disqualified.
11. By casting their Missed Call Vote(s), each Viewer(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Winner of the Program, Missed Call Vote(s), 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 Voting Mechanism (if any), notwithstanding the foregoing, under no circumstances will STAR INDIA and/or STAR INDIA affiliates 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.
12. STAR INDIA is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to voting/Voting Mechanism. Each Viewer in consideration of being given opportunity to Missed Call Vote(s), agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, the Judges and /or any celebrities appearing on the Program, STAR INDIA, 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 Viewer, in any manner whatsoever in connection with the Voting Mechanism, Missed Call Vote(s) and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
13. STAR INDIA reserves the right to disqualify votes or suspend voting if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig/manipulate the voting. STAR INDIA has the right to substitute an alternative voting method at its absolute discretion.
14. Viewer(s) shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.
15. Viewer(s) agrees to not attempt to gain unauthorized access to servers or networks connected to STAR INDIA’s services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of STAR INDIA’s services.
16. STAR INDIA reserves the right to suspend any Final Contestant(s) and/or the Judges and/or any celebrities, host(s) or performer(s), in case it has reasonable grounds to conclude that the individual(s) have been alleged in any public domain and/or social media websites for any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which may tantamount to general misconduct.
17. All Viewer(s) are advised to remain in areas with strong and stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting vote.
18. Standard calling rates may or may not be applicable for Viewer(s) to participate in the voting process through missed call. It will be Viewer’s responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of casting vote while roaming in different circle/zone, additional roaming rates may be applicable. STAR INDIA shall not be responsible for any such charges incurred by the Viewer.
19. STAR INDIA will not permit or entertain any requests or claims to check / audit / challenge the logic of the current voting rules.
20. Other third party websites may provide information related to the Voting Mechanism, timelines or any other information which may be relevant to the Program, however, the content on such websites is not subject to the control of STAR INDIA, their owners may be independent from us and STAR INDIA does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewer(s) basis such information.
21. While all attempts will be made to protect the Missed Call data received from loss and/or corruption, Viewer(s) agree and acknowledge that all system are prone to failure and hacking attempts. In the event of any data loss, STAR INDIA shall make reasonable endeavors and may disqualify all the votes received or conduct a re-contest or continue with whatever data available in the manner it deems is fit. STAR INDIA shall not be responsible for any damage resulting from the loss of data or action taken by STAR INDIA on account of the same. STAR INDIA will not be responsible to make good any loss or dissatisfaction suffered by the Viewer on account of such loss.
22. STAR INDIA shall be responsible for ensuring that the entire Voting Mechanism shall be managed /conducted on a fair and equitable basis and in accordance with applicable laws of India. For this specific purpose STAR INDIA, will at its sole discretion, appoint independent audit firms /companies/auditors (as the case may be) to audit the entire Voting Mechanism during the telecast of the Program and keep updated records of the same. Such auditors and /or their representatives shall also remain present on the sets of the Program. Employees of and/or consultants of and/or persons hired on contract by STAR INDIA and the sponsors of the Program, if any, and the members of their immediate family are ineligible for voting for the Program.
23. It shall be the sole responsibility of the Viewer(s) to familiarize themselves with the Terms & Conditions, including amendments thereof from time to time. STAR INDIA reserves the right at its sole discretion to (i) cancel and/or postpone the Program without any prior intimation to the Viewer(s); (ii) make amendments to the existing Terms & Conditions and/or Program and/or Voting Period and/or withdraw, change, alter, amend the Terms & Conditions, without any notification(s) to the Viewer(s); (iii) extend or curtail the Program and/or Voting Period and /or or suspend or abandon the same at any time, without any notification(s) to the Viewer(s), the Viewer(s) and shall have no objection to the same whatsoever, nor shall the Viewer(s) make any claims /disputes in respect of the same. You further understand and acknowledge that you shall be solely responsible to visit the Website from time to time in order to be informed of any updates, revisions, curtailments, extensions, in the Terms and Conditions, and/or, any abandonment or termination or postponement of the Content, and abide by the same without any recourse to Company, its authorized representatives, and each of their employees, for any reason whatsoever.
24. Viewer(s) hereby represent and warrant that Viewer(s) is not under any disability, restriction, or any kind of prohibition, which shall prevent Viewer from performing or adhering to any of the Terms and Conditions herein and have not entered into and shall not enter into any agreement that may violate the Terms and Conditions herein
25. Viewer(s) agree and acknowledge that nothing contained in these Terms and Conditions will be deemed to constitute a grant of license/ assignment and/or transfer of any rights in and to the Voting Mechanism, Program whatsoever from STAR INDIA in Viewer’s favour. The Terms and Conditions shall be available on the Website to ensure that no Viewer is misled and understands the entire process and the other terms and conditions mentioned herein prior to participating in the voting process.
26. Viewer(s) agree and irrevocably acknowledge that STAR INDIA shall have the sole and exclusive right including but not limited to intellectual property rights (copyrights and trademarks) and other proprietary rights in and to the format of the Program, Voting Mechanism and all its components whatsoever.
27. Viewer(s) undertake that the Viewer(s) shall not violate the rights of any third party including but not limited to privacy rights, copyrights, trademark or any other intellectual rights; shall not upload, store, collect, transmit or cause the upload, storage, collection, transmission, of any information through the Website which violates any applicable laws, including, inter alia, belonging to another person; or is harmful, harassing, blasphemous, defamatory, obscene, invasive of other’s privacy, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, harms minors in any way, violates any law for the time being in force.
28. Viewer(s) agree that Viewer(s) shall not indulge in any kind of activities like spamming or either directly or indirectly, reverse engineer, decompile or disassemble, make any enhancements, modifications, customizations, changes, additions, translations, deceive or mislead about the origin of such messages which is grossly offensive or menacing in nature, or allow any kind of unfair practices such as multiple votes and affect the transparency of voting, Star reserves the right to take appropriate action including criminal action in such an event.
29. Star shall not be responsible for any errors or omissions in the terms and conditions contained herein. All information provided is provided “As is” without warranty of any kind. STAR makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Viewer(s) and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose.
30. By the act of voting, the Viewer(s) have read understood, accepted and agree to abide with all the rules and regulations of voting as set out herein and are unconditionally bound by the Privacy Policy.
31. By the act of voting, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Program, in any manner whatsoever to the extent permissible under law.
32. Each Viewer(s) hereby acknowledges and agrees that the relationship between the Viewer(s) and STAR India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
33. Viewer(s) acknowledges that in case any portion/clause of these Voting Rules 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 Voting Rules shall be valid and binding and of like effect as though such provision was not included herein.
34. Viewer(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of Missed Call Vote(s) cannot be fulfilled due to war, industrial action, flood or any act of God then such non-performance or failure shall not be deemed as a breach of these Voting Rules and if such inability to perform such obligation continues for a period of fifteen (15) days, then STAR INDIA shall be at liberty and upon their sole discretion to terminate any such Missed Call Vote(s) of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).
35. The Viewer(s) shall comply with the laws of India.
36. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the Viewer(s) and STAR INDIA in this connection, and supersedes all prior understandings, if any, whether written or oral, between the Viewer(s) and STAR INDIA, in this connection.
37. These Voting Rules shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Voting Mechanism and/or the Program shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Viewer who has raised the dispute.
38. Subject to the provision of 18 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.
PLEASE SCROLL BELOW FOR TERMS AND CONDITIONS FOR PLATFORM VOTING ON HOTSTAR
HOTSTAR VOTING RULES
These rules for voting (“Voting Rules”) uploaded on https://www.startv.com/legal-terms-policies/#d5v (“Website”) and the Hotstar application (“App”) shall be binding on each Viewer (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily wishes to vote for the Final Contestants (defined below) in respect of the program titled “DANCE+5” (“Program”) broadcast by Star India Private Limited (“STAR INDIA/Company”) on the channel STAR Plus (SD and HD) and streamed on the OTT audio-visual platform owned and operated by Novi Digital Entertainment Private Limited (“Novi”) currently known as ‘Hotstar’ (together, the “Channel”).
You also agree that the Hotstar Terms of Use available at http://www.hotstar.com/terms-of-use shall apply in relation to your registration, participation and/or use of the hotstar mobile app available at www.hotstar.com. Any information gathered through this Terms and Conditions shall be subject to STAR INDIA’s Privacy Policy (as defined below) incorporated herein by reference. STAR INDIA and Novi will have access to and collect information and data shared by You including Your personal information such as email address, mobile number and/or any information in relation to the participation of the Viewer(s) in the Voting Mechanism (as defined below) gathered under or pursuant to this voting process by STAR INDIA and Novi (if any) (“Data”). By clicking on ‘I ACCEPT’ of the checkbox available at the webpage http://hotstar.com/terms-of-use-voice appearing on the hotstar app on the mobile phone (“Website”), You consent to the collection, storage, disclosure, processing, transfer of and sharing of the Data (as defined below) by STAR India, 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 , the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp and the privacy policy available at https://www.hotstar.com/privacy-policy (collectively the “Privacy Policy”).
The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to voting by the Viewer(s) gathered hereunder or pursuant to this voting process by STAR INDIA (if any) (“Personal Information”). The Platform Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein.
All Capitalized terms herein shall have the meaning ascribed to them in the Terms and Conditions applicable to the Program, available at https://www.startv.com/legal-terms-policies/#d5 .
III. PRINCIPAL RULES
The following are the Principal Rules for the Platform Voting Mechanism (defined below) for the Program on the Channel conducted by STAR INDIA:
1. The Program is a dance based reality program wherein contestants between the ages of 5 (five) years and 55 (fifty-five) years (“Contestants”), who are citizens and residents of the Territory individually or as part of a Group comprising 2 (two) or more individuals compete against each other by voluntarily participating in and /or being part of various selection processes, auditions or levels of selection as per the format of the Program.
2. On the basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality and such other criteria as determined by the Company in its sole discretion. Remo Dsouza who is the Super judge (“Super Judge”) on the Program, shall award scores to each Contestant per week. The scores awarded by Remo Dsouza were considered for the selection and shortlisting of the final top 10 (ten) Contestants or as decided by the Company (“Final Contestants”). These Final Contestants, shall thereinafter perform and compete against each other in the further upcoming televised episodes /rounds of the Program (“Final Rounds”).
3. It is clarified that the Final Rounds of the Program shall tentatively commence from January 13, 2020 onwards and will continue till February 16, 2020, or such other dates, as may be decided by the Company from time to time, in its sole discretion. (“Voting Period”). The Voting for the Final Rounds shall be conducted via: (i) votes cast by Viewers via missed call, in the manner described under these Voting Rules (“Missed Call Voting Mechanism”); and (ii) votes cast via the mechanism available on the www.hotstar.com (“Platform Voting Mechanism”). The terms and conditions applicable to Platform Voting are available on https://www.startv.com/legal-terms-policies/#d5v. The Missed Call Voting Mechanism and the Platform Voting Mechanism are collectively referred to as “Voting Mechanism”.
4. The Platform Voting Mechanism (as detailed in clause 5) will commence and close for the episodes of the Final Rounds of the Program, as detailed hereinbelow, in the Territory (“Period”). During the Voting Period, Viewers or Voters can vote for their favorite Final Contestant(s), if they like the performance of any particular Final Contestant and/or all Contestants.
5. The Platform Voting Mechanism is as provided below:
A Viewer interested to cast his/her vote, by using Platform Voting Mechanism, will be subject to the terms and conditions and mechanism set out herein:
a) Viewers who have registered accounts may download and login to their account on the App Viewers can log in through their Hotstar account on the updated App; or (ii) by creating a new valid email ID by entering the mandatory fields as may be required on the App. The App is operated by Novi.
b) The Dance+5 page on the App, as applicable, will list the names of the Final Contestant(s) eligible for votes in the voting period along with the pictures of the Final Contestant(s).
c) To cast their vote, the Viewer may click on the name/picture of a particular Final Contestant(s). Each Viewer may cast a maximum of 10 (ten) Votes per phone number per day of per Voting Period as specified in the table below. It is clarified that each Viewer will have 30 votes each week to distribute among his/her favorite Final Contestant(s). After a Viewer has completed his/her 10 (ten) votes, a message will be displayed by the App stating that the voting is complete and the Viewer can only vote again in the next day of the Voting Period. The votes sent after the first 10 (ten) Votes by a Viewer shall not be counted and will be considered null and void.
Hotstar |
||||
Voting start time |
Voting end time |
No. of votes per Voting Period per login |
||
Saturday |
08:00 PM |
Monday |
11:59 PM |
10 |
Sunday |
12:00 AM |
Tuesday |
11:59 PM |
10 |
Monday |
12:00 AM |
Wednesday |
09:00 AM |
10 |
c (1) Notwithstanding anything contained herein including under Paragraph 5 (c) above, the following table shall apply to the Platform Voting on February 08th & 09th and 10th, 2020 only.
Hotstar (Platform Voting) |
|||||
Voting start time |
Voting end time |
No. of votes per Voting Period per login |
Total Votes per day |
||
Saturday (February 08, 2020) |
08:00 PM |
Saturday (February 08, 2020) |
21:30 PM |
10 |
20 |
21:31PM |
23:59 PM |
10 |
|||
Sunday (February 09, 2020) |
00:00 AM |
Sunday (February 09, 2020) |
21:30 PM |
10 |
20 |
21:31PM |
23:59 PM |
10 |
|||
Monday (February 10, 2020) |
00:00AM |
Monday (February 10, 2020) |
09:00AM |
10 |
10 |
(Note: Please refer to footnote no. 1 for details on voting on February 08, 09 and 10, 2020.)
NOTE: Only a maximum of 10 votes will be allowed per day per Mobile/Landline, per Voting Period.
Only a Maximum of 10 votes will be allowed per day per login, per Voting Period, number of votes cast including during the Voting Period, exceeding the limit mentioned hereinabove, will not be valid and shall be rendered null and void. The unused votes of the Viewer will elapse after each day of voting and the Viewer will not be able to transfer such unused votes to the next or any other day.
d) The voting for those Final Contestants who have secured their positions in the Top 4 Final Contestants (“Top 4”) shall be closed after their selection and the Viewers shall not cast any more votes for them, however voting lines will remain for other Final Contestants.
e) Only Viewers residing in India can participate through Platform Voting Mechanism.
f) The vote through the Platform Voting Mechanism will be deemed to have been cast and received only when the Viewer clicks done and the voting page/sheet on the App closes.
g) The Super Judge of the Program shall be free and entitled to award scores to the Final Contestant(s) in each episode of the Final Rounds of the Program. Scores for each Final Contestant for each Final Round shall be calculated, as follows: (i) 50% of the score for each Final Contestant shall be attributed to votes received through the Voting Mechanisms; plus (ii) 50% of the score shall be attributed to the votes/ scores provided by the Super Judge (weighted average method), in respect of each Final Contestant.
h) Except for the Shortlisting Episodes, the highest scoring Final Contestants may or may not be announced in the episode following the Voting Period for each Final Round or such date as may be decided by Star India in its discretion. Notwithstanding anything contained herein, during any or all of the Final Rounds, in the discretion of STAR INDIA, the Super Judge may be granted the right to have an overriding vote in respect of any or all of the Final Contestants, which shall override the public votes. This right may be exercised without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules from time to time. “Shortlisting Episodes” shall mean such episodes in which the Top 4 are selected, as set out in the table at Paragraph 5 below.
i) In each episode subsequent to each of the Shortlisting Episodes, the top-rated Final Contestants (basis the scoring mechanism set out at Paragraph 5 (g) above) shall be selected as Top 4 for competing in subsequent Final Rounds of the Program, till the Winner of the Program is announced in the Final Episode.
j) In addition to the Votes garnered from the Viewer(s) for their favorite Contestant(s) by the Voting Mechanism, STAR INDIA may allow parallel voting facility for the Contestant(s) to the members of the public via any voting platform(s) during a period as deemed fit by STAR INDIA at its sole discretion.
k) By voting in accordance with the Platform Voting Mechanism, Viewer has read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions set out herein and the Voting Rules. If you do not agree to be bound by or cannot comply with any of these terms and conditions, please do not proceed to vote. The decision of STAR INDIA or Novi for all matters relating to Viewer’s voting shall be final and binding in all respects. The Platform Voting Mechanism shall be governed by the Voting Rules and terms, conditions and rules stated herein. Capitalised terms not defined herein shall have the meaning assigned to them at the Voting Rules.
l) The Viewer will not be charged in the Platform Voting Mechanism to cast the vote, however, there may be cost levied to the Viewer, at the applicable rate, by the network provider for using internet connection which should be verified by the Viewer at his/her sole responsibility. In case of casting vote while roaming in different circle/zone, additional roaming rates for browsing of the internet may be applicable. SIPL, Channel, Novi shall not be responsible for any such charges incurred by the Viewer and all charges for browsing/using internet to cast such vote shall be borne solely by the Viewer. Neither STAR INDIA nor Novi shall be responsible in case of any kind of network problem, technical failure whatsoever and/or the data charges/costs charged by the network provider(s) and/or any other problems which may occur due to the failure of the Platform Voting Mechanism or misuse of the Platform Voting Mechanism inability to cast vote due to any other technical issue and/or any other reason whatsoever and/or any kind of problems in connection thereto. Any dispute in connection to the same shall be settled directly between the Viewer and the network provider(s) without involving STAR INDIA and/or Novi in any manner and at anytime whatsoever. In case of any network failure, technical problem and/or for any reasons whatsoever, STAR INDIA and Novi reserves the right to change the voting system/Platform Voting Mechanism and/or cease from accepting votes of the Viewers for any and/or all the Final Rounds, or take such necessary steps as it may deem fit without any liability to any viewer/person/ party.
m) In the Platform Voting Mechanism, the Viewer should cast his/her votes for a particular Final Contestant, for the respective Episodes of the Program, during a particular Voting Period (as defined below) and any vote cast after the Voting Period shall neither be considered as vote(s) for that Episode nor for the next Voting Period. The Voting Period for each Episode shall commence from the Start time and end on the voting End Time as detailed below, on the start date as mentioned on the Platform:
Week No. of Final Rounds |
Airing day and date of the Episode |
No of Performance(s) |
Shortlisting Episode or not |
Remaining Contestants competing for a spot in the Pre-Finale |
Number of contestants shortlisted for Pre- Finale |
Start Time of Platform Voting – commencement of Voting Period |
End Time of Platform Voting - – end of Voting Period |
Week 11 LEGEND WEEK 1 Episodes 21 & 22 |
Saturday (18.01.2020)
|
Saturday: Top 10 Final Contestants perform individually. Sunday: Dance Battles between Final Contestants |
No |
10 |
NA |
8:00 PM on Saturday (18.01.2019) |
9:00 AM Monday (20.01.2019) |
Week 12 LEGEND WEEK 2 Episodes 23 & 24 |
Saturday (25.01.2020) Sunday (26.01.2020) |
Saturday: Top 10 Final Contestants perform individually. Sunday: Dance Battles between Final Contestants |
No |
10 |
NA |
8:00 PM on Saturday (25.01.2020) |
9:00 AM Monday (27.01.2020) |
Week 13 LEGEND WEEK 3 Episodes 25 & 26 |
Saturday (01.02.2020)
|
Saturday: Top 10 Final Contestants perform individually. Sunday: Dance Battles between Final Contestants |
No |
10 |
NA |
8:00 PM on Saturday (01.02.2020) |
9:00 AM Monday (03.02.2020) |
Week 14 Episodes 27 & 28 |
Saturday (08.02.2020)
|
Saturday: All Final Contestants perform individually. Sunday: Dance Battles between Final Contestants |
Yes |
8 |
2 |
8:00 PM on Saturday (08.02.2020) |
9:00 AM Monday (10.02.2020) |
Week 15 Episodes 29 & 30 |
Saturday (15.02.2020) Sunday (16.02.2020) |
Saturday: Individual performances of Top 4 Contestants Sunday: Dance Battles between Final Contestants |
Yes |
0 |
2 (+ 2 from Week 14) (Top 4 or as decided by the Company) |
8: 00 PM on Sunday (16.02.2020) Note: No voting on Saturday |
9:00 AM on Friday (21.02.2020) |
Week 16 Episode 31 |
Saturday (22.02.2020) |
All Contestants will perform. |
Yes |
NA |
1 Winner of the Program selected from Top 4 |
No Voting |
No Voting |
6. However, for avoidance of doubt it is clarified that the judges and /or any celebrities appearing on the Program shall be free and entitled to judge the performance of the Final Contestant(s) in each episode of the Final Rounds of the Program, express their views and /or comments on the performances of the Final Contestant(s) or award them in any manner deemed fit by them and STAR INDIA at their discretion, without any objection from any person and the Viewer(s) shall not in any manner be entitled to dispute or challenge the same.
7. The award (if any) given by the judges and /or any celebrities appearing on the Program are at their discretion and shall be final and binding on the Final Contestants.
8. In the event of a tie between any of the Final Contestants during the Final Rounds the Super Judge shall have a casting vote.
9. STAR INDIA and/or the Channel reserve the right to modify the format of the Program, Final Rounds and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time. It is further clarified that in case of final scores (i.e., Votes received as per the Voting Mechanism) being tied for two (2) or more Final Contestant(s), the decision of the Super Judge shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in any manner whatsoever.
10. The Voting Mechanism will be announced during the telecast of the Program on the Channel and/or on the Website and/or such other modes and media as may be decided by the Company from time to time. It is further clarified that the Voting Mechanism announced during such telecast and/or on the Website shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, Channel and/or its employees in connection to the same. It shall be the sole responsibility of the Viewer(s) to be updated on the Voting Mechanism from time to time.
11. The Viewers can cast their Platform Vote(s) for only those Final Contestant (s) of the Program who have competed in that episode of Final Round of the Program. Any Platform Vote(s) sent by the Viewers for the Final Contestant(s) who have not competed in that particular episode due to ineligibility for Platform Vote(s) through the Platform Voting Mechanism or is shortlisted as a finalist based on the last week’s Platform Votes or for any other reason whatsoever shall not be considered and shall be null and void.
12. Voting is merely to enable the Viewers to choose their favorite Final Contestant (s) or to provide Platform Vote (s) for the performance of a particular Final Contestant (s) that they have liked or appreciated. No winners will be declared and/or prizes distributed for the Viewers. Viewers are not entitled to make any claims in respect of this against the Channel, STAR INDIA and /or the Program.
13. The selection of the Final Contestant (s) and/or selection of the Top 4 finalists and/or declaration of the Winner and/or the decisions made by STAR INDIA and/or the Channel shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, Channel and/or its employees in connection to the same.
14. In the event any of the Final Contestant(s) and/or the judges and/or any celebrities, host(s) or performer(s), as the case may be, are unable to perform, attend or appear on the Program, for any reasons whatsoever, STAR INDIA has the right to at its discretion anytime replace or bring in new Final Contestant(s), celebrities, mentors, hosts or performers, as deemed fit and necessary by STAR INDIA.
15. The selection of the Final Contestants by the judges and /or any celebrities appearing on the Program and /or STAR INDIA, exercise of veto power by the judges and /or any celebrities appearing on the Program, declaration of Platform Vote (s), and/or any decisions made by STAR INDIA and/or the judges and /or any celebrities appearing on the Program, selection and declaration of the Winner shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, the judges /or any celebrities appearing on the Program, Channel and/or its employees in connection to the same.
16. STAR INDIA and/or the Super Judge shall be entitled to, at its discretion, any time in the Program, to re-introduce the eliminated contestants and/or re-introduce fresh individuals/contestants during any stage of the Program.
17. The Votes cast for the Final Contestants through the Voting Mechanism to the Final Contestants and the judging of the Final Contestants based on the same are binding on the Viewers and in no event shall the Viewers dispute the same.
18. In the event any of the Final Contestants who have qualified for the Final Rounds are unable to perform and /or appear in any of the Final Rounds, for any reason whatsoever, then STAR INDIA reserves the right to replace such Final Contestant with a subsequent Final Contestant, who was eliminated previously in the Final Rounds or any other contestant who was shortlisted and /or eliminated previously in the Program and such decision of STAR INDIA and/or Channel shall be final and binding on all including the Viewer(s) and Viewer(s) undertake to not dispute the same.
19. During each Final Round, the Super Judge shall, basis the scores he has awarded to Final Contestants, nominate such number of top-scoring Final Contestants (tentatively 4 (four) Final Contestants) to compete against each other in a dance battle (“Dance Battle”). The nominations of Final Contestant(s) who shall compete in the Dance Battle(s) shall be the top scorers for the week. If the top scorers in descending order are greater than 4 (four), the decision of the Super Judge shall be entitled to a casting vote, for all matters relating to the nomination for Dance Battle shall be final and binding on the on all Contestants and the judges. The decision of Super Judge for all other matters shall be binding on all Contestants and judges.
IV. General Rules
20. The viewers interested in voting must be above the age of 18 (eighteen) years and a citizen and resident of the Territory (“Viewers/ Voters”). The Viewers should not have any criminal conviction or an arrangement or a contract that prevents the Viewers from voting.
21. Proof of age, if requested, of the Viewer(s) must be submitted to STAR INDIA as may be required by STAR INDIA to confirm the eligibility of the Viewer(s).
22. STAR INDIA reserves all rights to make amendments to the existing Voting Rules or withdraw, change, alter, amend the Voting Mechanism, process of selection of Top 4 (four) Final Contestants, Winner, Voting Rules, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules and Privacy Policy, from time to time.
23. STAR INDIA reserves the right to cancel and/or reschedule the Program and /or the Final Rounds and/or extend or alter the Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in any manner whatsoever by the Viewer(s).
24. Viewer(s) agree, understand and acknowledge that there is no prize/gratification for voting in the Voting Mechanism and casting of Platform Vote (s) for the Final Contestant(s) as detailed herein.
25. The Voting Rules shall be advertised sufficiently across the Website and /or the Channel to ensure that no Viewer is misled and each Viewer fully understands the entire process and costs (if applicable) for voting. It is clarified that all costs towards voting shall be borne by the Viewer solely without any recourse whatsoever to STAR INDIA or the Channel.
26. In case a Viewer(s) is found to be in non-conformance of the Voting Rules, then STAR INDIA will be entitled to at its sole discretion disqualify the Platform Vote(s) received from that Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible by law, the same shall not be disputed or challenged.
27. STAR INDIA shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network, technical disruption, connection failure, electricity failure, any other reason whatsoever and/or the cost of the missed call or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving STAR INDIA.
28. In case of any telecom and /or network failure and /or technical failure in giving missed calls and /or casting vote(s) on the app and/or having an internet session and /or logging on to the official website of the Program and/or for any reasons whatsoever, STAR INDIA reserves the right to at its sole discretion to change/amend the Voting Mechanism and /or cease from accepting Missed Call Vote(s) and/or Platform Vote(s) of the Viewers during the Period for the episodes of the Final Rounds of the Program, in any manner it may deem fit and necessary. In addition STAR INDIA shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Voting Mechanism including without limitation voting system/failure in the mechanism of recording missed calls due to any reason whatsoever including technical disruption/phone lines being open /close /default in internet lines /connection or a default in playing the audio message to the Viewer upon casting of Missed Call Vote(s) / Platform (Vote(s) / close or default / failure/ any other difficulties of such nature due to which the Viewer(s) is unable to record his/her Missed Call Vote(s) and/or Platform Vote(s) / failure to logging on automatic acceptance of Missed Call Vote(s) and/or Platform Vote(s) stated in these Voting Rules and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.
29. To the extent permissible in law, Viewer(s) shall not in any circumstances make any claims against STAR INDIA, judges and /or any celebrities appearing the Program, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, accidents, deaths, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their voting. If the Viewer(s) is found to be ineligible, or if they have not complied with these Voting Rules, the corresponding entries will be disqualified.
30. By casting their Platform Vote(s), each Viewer(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Winner of the Program, Platform Vote(s), 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 Voting Mechanism (if any), notwithstanding the foregoing, under no circumstances will STAR INDIA and/or STAR INDIA affiliates 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.
31. STAR INDIA is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to voting/Voting Mechanism. Each Viewer in consideration of being given opportunity to Platform Vote(s), agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, the judges and /or any celebrities appearing on the Program, STAR INDIA, 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 Viewer, in any manner whatsoever in connection with the Voting Mechanism, Missed Call Vote(s) and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
32. STAR INDIA reserves the right to disqualify votes or suspend voting if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig/manipulate the voting. STAR INDIA has the right to substitute an alternative voting method at its absolute discretion.
33. Viewer(s) shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.
34. Viewer(s) agrees to not attempt to gain unauthorized access to servers or networks connected to STAR INDIA’s services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of STAR INDIA’s services.
35. STAR INDIA reserves the right to suspend any Final Contestant(s) and/or the judges and/or any celebrities, host(s) or performer(s), in case it has reasonable grounds to conclude that the individual(s) have been alleged in any public domain and/or social media websites for any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which may tantamount to general misconduct.
36. All Viewer(s) are advised to remain in areas with strong and stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting vote.
37. Standard data charges may or may not be applicable for Viewer(s) to participate in the voting process through platform voting. It will be Viewer’s responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of casting vote while roaming in different circle/zone, additional roaming rates may be applicable. STAR INDIA shall not be responsible for any such charges incurred by the Viewer.
38. STAR INDIA will not permit or entertain any requests or claims to check / audit / challenge the logic of the current voting rules.
39. Other third party websites may provide information related to the Voting Mechanism, timelines or any other information which may be relevant to the Program, however, the content on such websites is not subject to the control of STAR INDIA , their owners may be independent from us and STAR INDIA does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewer(s) basis such information.
40. While all attempts will be made to protect the Platform Vote(s) data received from loss and/or corruption, Viewer(s) agree and acknowledge that all system are prone to failure and hacking attempts. In the event of any data loss, STAR INDIA shall make reasonable endeavors and may disqualify all the votes received or conduct a re-contest or continue with whatever data available in the manner it deems is fit. STAR INDIA shall not be responsible for any damage resulting from the loss of data or action taken by STAR INDIA on account of the same. STAR INDIA will not be responsible to make good any loss or dissatisfaction suffered by the Viewer on account of such loss.
41. STAR INDIA shall be responsible for ensuring that the entire Voting Mechanism shall be managed /conducted on a fair and equitable basis and in accordance with applicable laws of India. For this specific purpose STAR INDIA, will at its sole discretion, appoint independent audit firms /companies/auditors (as the case may be) to audit the entire Voting Mechanism during the telecast of the Program and keep updated records of the same. Such auditors and /or their representatives shall also remain present on the sets of the Program. Employees of and/or consultants of and/or persons hired on contract by STAR INDIA and the sponsors of the Program, if any, and the members of their immediate family are ineligible for voting for the Program.
42. It shall be the sole responsibility of the Viewer(s) to familiarize themselves with the Terms & Conditions, including amendments thereof from time to time. STAR INDIA reserves the right at its sole discretion to (i) cancel and/or postpone the Program without any prior intimation to the Viewer(s); (ii) make amendments to the existing Terms & Conditions and/or Program and/or Voting Period and/or withdraw, change, alter, amend the Terms & Conditions, without any notification(s) to the Viewer(s); (iii) extend or curtail the Program and/or Voting Period and /or or suspend or abandon the same at any time, without any notification(s) to the Viewer(s), the Viewer(s) and shall have no objection to the same whatsoever, nor shall the Viewer(s) make any claims /disputes in respect of the same. You further understand and acknowledge that you shall be solely responsible to visit the Website from time to time in order to be informed of any updates, revisions, curtailments, extensions, in the Terms and Conditions, and/or, any abandonment or termination or postponement of the Content, and abide by the same without any recourse to Company, its authorized representatives, and each of their employees, for any reason whatsoever.
43. Viewer(s) hereby represent and warrant that Viewer(s) is not under any disability, restriction, or any kind of prohibition, which shall prevent Viewer from performing or adhering to any of the Terms and Conditions herein and have not entered into and shall not enter into any agreement that may violate the Terms and Conditions herein
44. Viewer(s) agree and acknowledge that nothing contained in these Terms and Conditions will be deemed to constitute a grant of license/ assignment and/or transfer of any rights in and to the Voting Mechanism, Program whatsoever from STAR INDIA in Viewer’s favour. The Terms and Conditions shall be available on the Website to ensure that no Viewer is misled and understands the entire process and the other terms and conditions mentioned herein prior to participating in the voting process.
45. Viewer(s) agree and irrevocably acknowledge that STAR INDIA shall have the sole and exclusive right including but not limited to intellectual property rights (copyrights and trademarks) and other proprietary rights in and to the format of the Program, Voting Mechanism and all its components whatsoever.
46. Viewer(s) undertake that the Viewer(s) shall not violate the rights of any third party including but not limited to privacy rights, copyrights, trademark or any other intellectual rights; shall not upload, store, collect, transmit or cause the upload, storage, collection, transmission, of any information through the Website which violates any applicable laws, including, inter alia, belonging to another person; or is harmful, harassing, blasphemous, defamatory, obscene, invasive of other’s privacy, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, harms minors in any way, violates any law for the time being in force.
47. Viewer(s) agree that Viewer(s) shall not indulge in any kind of activities like spamming or either directly or indirectly, reverse engineer, decompile or disassemble, make any enhancements, modifications, customizations, changes, additions, translations, deceive or mislead about the origin of such messages which is grossly offensive or menacing in nature, or allow any kind of unfair practices such as multiple votes and affect the transparency of voting, Star reserves the right to take appropriate action including criminal action in such an event.
48. Star shall not be responsible for any errors or omissions in the terms and conditions contained herein. All information provided is provided “As is” without warranty of any kind. STAR makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Viewer(s) and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose.
49. By the act of voting, the Viewer(s) have read understood, accepted and agreed to abide with all the rules and regulations of voting as set out herein and are unconditionally bound by the Privacy Policy.
50. By the act of voting, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Program, in any manner whatsoever to the extent permissible under law.
51. Each Viewer(s) hereby acknowledges and agrees that the relationship between the Viewer(s) and STAR India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
52. Viewer(s) acknowledges that in case any portion/clause of these Voting Rules 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 Voting Rules shall be valid and binding and of like effect as though such provision was not included herein.
53. Viewer(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of Missed Call Vote(s) cannot be fulfilled due to war, industrial action, flood or any act of God then such non-performance or failure shall not be deemed as a breach of these Voting Rules and if such inability to perform such obligation continues for a period of fifteen (15) days, then STAR INDIA shall be at liberty and upon their sole discretion to terminate any such Missed Call Vote(s) of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).
54. The Viewer(s) shall comply with the laws of India.
55. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the Viewer(s) and STAR INDIA in this connection, and supersedes all prior understandings, if any, whether written or oral, between the Viewer(s) and STAR INDIA, in this connection.
56. These Voting Rules shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Voting Mechanism and/or the Program shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Viewer who has raised the dispute.
57. Subject to the provision of 18 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.