Election se Selection 6.0
TERMS AND CONDITIONS
The following are the terms and conditions for participation in the ‘IPL Election se Selection 6.0 Engagement Activity’ (the “Engagement Activity”) being conducted by Star India Private Limited (“STAR”) for promotion of the Indian Premier League, 2023 (the “Tournament”) on: (a) the URL’s https://www.instagram.com/starsportsindia/,https://www.instagram.com/starsportstamil/,https://www.instagram.com/starsportstelugu/,https://www.instagram.com/starsportskan/, https://www.facebook.com/starsportsindia, https://twitter.com/StarSportsIndia,https://twitter.com/StarSportsTamil,https://twitter.com/StarSportsTel,https://twitter.com/StarSportsKan,https://www.linkedin.com/showcase/star-sports-solutions/,https://sharechat.com/profile/starsportsindia?referer=tagProfileSearchPage,https://www.kooapp.com/profile/StarSportsIndia,(together referred to as “Star Sports Handles”) affiliate and (b) the official WhatsApp account of Star Sports (“Star Sports WhatsApp Account”). Star Sports Handles and Star Sports WhatsApp Account shall be collectively referred to as “Platform”.
(a) Participant’s Personal Information is being collected by STAR pursuant to these terms and conditions available at https://www.disneystar.com/legal-terms-policies/terms/contest-terms-conditions/election-se-selection-60/ in connection with the Engagement Activity. Participants hereby agree that it is necessary for STAR to collect the Personal Information in connection with their participation in the Engagement Activity and for the uses set out below.
(b) Personal Information will be retained and used by STAR for the purposes of the Engagement Activity only.
(c) Personal Information may be collected, processed and/or shared by STAR with its affiliates, vendors and service providers, for the purposes of booking travel and lodging.
(d) Personal Information will be used for the Engagement Activity, in various formats and media, including television, digital, social media and print for marketing and promotional activities in respect of the Engagement Activity. Personal Information will also be used for the purposes of contacting you (in case you happen to be one of the Potential Lucky Participants (defined hereinafter) and to make arrangements for your Gratification.
(e) STAR has informed the Participants of their rights to: (i) review their Personal Information for deficiencies and inaccuracies and request STAR to amend the Personal Information by sending a request at ElectionSeSelection6.firstname.lastname@example.org, to the extent deemed feasible by STAR; and (ii) withdraw the consent provided by the Participant hereunder. Provided that STAR 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, STAR shall be entitled to disqualify your Entry and/or participation in the Engagement Activity, as deemed fit and necessary by STAR at its sole discretion.
(f) All Personal Information provided by the Participant is true, correct and complete in all respects and in no circumstances, will STAR be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.
(g) STAR has provided you with the option to opt out of providing your Personal Information. Upon any such request for withdrawal of consent, STAR shall be entitled to disqualify your Entry and/or participation in the Engagement Activity, as deemed fit and necessary by STAR at its sole discretion.
This Engagement Activity shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (collectively the “Terms and Conditions”) as stated hereunder. By participating in the Engagement Activity, it is construed that the participant has/have read and understood these Principal Rules and the General Rules stated below, the Terms and Conditions in whole and has/have agreed to abide by the same.
[A] PRINCIPAL RULES
1. The Engagement Activity will be conducted from December 13, 2022 upto 11:59 pm on 20th December, 2022, or such other date/time as may be decided by STAR at its sole discretion and announced by STAR Entities (“Engagement Activity Period”) on the Platform/ any of the Platform as communicated on its channels and/or Star Sports Handles (collectively referred to as “Channels”).
2. The Engagement Activity is a game of knowledge and skill run on the Platform, whereby the Participants need to vote for the IPL team(s) which will pick the cricket player featured in the question or vote for the cricket player(s) who will get picked by the IPL team in question (“Engagement Activity Question”), in relation to the IPL player auction tentatively scheduled to take place on December 23, 2022 (“IPL Player Auction”). The Participants, based on their knowledge, player statistics and expert advice shared by STAR, team budgets and the roster available, are required to vote on the Engagement Activity Question in relation to the IPL Player Auction.
3. Any person who wishes to participate in the Engagement Activity (“Participant”) shall fulfill all of the following requirements in order to qualify for participation:
(a) All the Participants must be citizens of India present and residing in India during the Engagement Activity Period, must be of sound mind and must be at least 18 years of age as on the date of participating in the Engagement Activity.
(b) The Participant(s) should not have any criminal conviction or be prohibited by an arrangement or a contract that prevents the Participant(s) from participating in the Engagement Activity.
(c) Each Participant is required to visit the any one of the Platform and answer the Engagement Activity Question during the Engagement Activity Period.
(d) The Participants should submit their entry containing their answers to the Engagement Activity Question on the relevant Platform during the Engagement Activity Period only (“Entry/Entries”).
(e) The Participants may choose to participate in the Engagement Activity either via any one of the Star Sports Handles or via Star Sports WhatsApp Account. In the event, a Participant submits multiple entries via Star Sports Handles and/or Star Sports WhatsApp Account, then only the first Entry by the Participant from the Platform shall be considered for the purpose of the Engagement Activity.
(f) The Engagement Activity is not open to the employees (permanent or contracted) and directors, including each of their immediate family members, of (i) STAR, its parent, subsidiary, group and/or affiliated companies (collectively, “STAR Entities”); and (ii) companies and/or entities connected with the promotion of the Contest and/or consultants hired by STAR for the Contest.
(g) Participant(s) must enter the Engagement Activity and/or answer the Engagement Activity Question only on their own behalf and Entries by proxies shall not be accepted.
(h) Any Entry which does not satisfy the requirements of 3 (a) – (g) above shall not be considered a valid Entry and shall be deemed null and void without requirement of any intimation by STAR.
4. Each Participant understands and accepts that the Engagement Activity shall be conducted by STAR in the manner provided below:
(a) One Engagement Activity Question shall be announced per day (“Engagement Activity Day(s)”) during the Engagement Activity Period, vide a post or a story uploaded on Star Sports Handle(s) anytime between 00.00 a.m and 11:59 p.m. In case the Participant intents to engage and vote on the Engagement Activity Questions through the Star Sports Whatsapp Account, the Participant shall click on the link provided on the post which will direct the Participant to the Whatsapp chatbot vide the Star Sports Whatsapp Account.
(b) Participant shall be provided 24 hours from the time the Engagement Activity Question is posted to engage and/or vote on the Engagement Activity Question.
(c) It is clarified that while it is not mandatory for Participants to vote on all the Engagement Activity Questions however, more the participation by a Participant the higher the chances of such Participant getting selected as a Lucky Participant (defined hereinafter).
(d) All the Participants who vote on one or all the Engagement Activity Question(s) shall be put into a wider pool of shortlisted participants (“Wider Pool”)
(e) A certain number (as determine by Star) of Participants from a Wider Pool shall be selected by Star basis pre-determined selection criteria set by STAR (at its sole discretion) and be put into a pool of potential lucky participants (“Pool”).
(f) 25 (twenty-five) lucky Participants shall be selected randomly from amongst the Pool by STAR (“Potential Lucky Participants”) who has complied with all the terms of this Terms and Conditions.
(g) The Potential Lucky Participants shall be required to submit to STAR relevant documentary evidence such as proof of age, proof of nationality and proof of address/residence, as requested by STAR within such timelines as indicated by STAR, to enable STAR to confirm the eligibility of each of the Potential Lucky Participants.
(h) In the event, if the Personal Information and other details provided by the Potential Lucky Participants are incorrect/not complete and/or the Potential Lucky Participant(s) fails to adhere to the instructions, then the said Potential Lucky Participant shall be deemed to have withdrawn from the Engagement Activity and forfeited their right to claim the Gratification as a result of which he/she shall be disqualified and his/her selection shall be invalidated (“Participant Disqualification/Disqualified Participant”). Further for clarity, the Potential Lucky Participant shall be required to do any and all acts and execute any and all documents in such manner as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR failing which their selection shall be forfeited (also termed as “Participant Disqualification/Disqualified Participant”). In such a case, STAR and/or STAR Entities shall not be liable in any manner whatsoever.
(i) STAR reserves the rights to verify the Personal Information of the Potential Lucky Participant(s) to determine the Lucky Participant(s) (defined hereinafter) thereby to award the Gratification to the Lucky Participant(s). STAR further reserves the right to change or withdraw the Gratification should the selected Potential Lucky Participant(s)/Lucky Participant(s) fail to comply with any of the Engagement Activity Terms and Conditions and/or applicable laws or for any other reason whatsoever.
(j) The Potential Lucky Participant who complies with the Terms and Conditions, provides all the correct Personal information and provides all such documents and all such other details requested for, would be termed to be the Lucky Participant of the Engagement Activity (“Lucky Participant”) who would be eligible to receive the Gratification (defined hereinbelow).
(k) STAR reserves the right to select and declare the Lucky Participant(s) of the Engagement Activity and such decision shall be final and binding on the Participant(s) and the Lucky Participant(s).
(l) The Lucky Participant(s) can be requested (at the discretion of STAR) to be part of the STAR broadcast of the IPL Player Auction or any other program (“Lucky Participant Broadcast Visibility”) or to send their pictures with their/experiencing their Gratification and/or post the same on their respective social media (“Photographs”). The Participants agree that STAR reserves the right to use these Photographs on Star Sports Handle(s), Channel and/or Network.
5. Each Participant understands and accepts that the Engagement Activity shall be conducted by STAR on Star Sports WhatsApp Account in the manner provided below:
(a) In order participate in the Engagement Activity hosted on Star Sports WhatsApp Account, each Participant must:
i) Use their own valid WhatsApp Account;
ii) Activate the chatbot for the Engagement Activity by sending the texting message “ESS”; and
(b) Each Participant taking part and/or engaging himself in the Engagement Activity is deemed to have read and explicitly accepted these Terms and Conditions.
6. The Participant accepts and confirms that gratification to the Lucky Participants shall be provided as per the following understanding:
(a) Subject to compliance with these Terms and Conditions, 25 (thirty) Lucky Participant(s) shall be awarded an ‘all-expense paid’ experience to witness the live action of IPL Player Auction from the Star Sports Studios (“Venue”) alongside few cricketing legends and talents and the chance to be part of the television broadcast of Star (“Gratification”).
(a) ‘All-expense paid’ shall only entail travelling, lodging and boarding of the Lucky Participant ‘to and from’ the Lucky Participant’s hometown to the Venue and food and beverage at the Venue. For the sake of clarity, among other things, any personal travel by the Lucky Participant(s) within the city where the IPL Player Auction is conducted, or the Venue is situated shall be borne solely by the said Lucky Participant.
(b) The Participant(s)/Potential Lucky Participant(s)/Lucky Participant(s) agree that if due to any reason whatsoever, the Gratification and/or anything in connection to the Gratification and/or the enjoyment of the Gratification becomes ineffective or invalid due to any reason whatsoever, STAR and/or STAR Entities cannot be held responsible and/or liable for the same. Also, STAR /STAR Entities 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/completeness of the Gratification.
(c) If any Participant engages in any behaviour that STAR in its sole discretion believes to be prejudicial to the spirit of the Engagement Activity or IPL Player Auction, it will result in such Participant’s disqualification from the Engagement Activity and the receipt of any Gratification.
(d) Except as expressly provided herein, all ancillary costs associated with the receipt, use, exploitation and/or experiencing of the Gratification, whether direct and/or indirect, including without limitation charges, expenses, taxes, costs, etc. are the sole responsibility of the Lucky Participant(s).
(e) The Lucky Participant(s) agree that the Gratification cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Gratification or alternative Gratification will be awarded to the Lucky Participant(s) and the Lucky Participant(s) cannot exchange the Gratification for cash or a gift of similar value. The Engagement Activity or the Gratification cannot be combined with any other contest or activity. It is clarified that STAR has no obligation but has the right to record the act of collection/experience of the Gratification or incorporate it in the telecast of IPL Player Auction or any matches or any program or otherwise mention it on the Channels/Network. If the Lucky Participant(s) refuse to and/or unable to accept the Gratification awarded by STAR, STAR and/or STAR Entities shall be released from all obligations towards the Lucky Participant(s) in connection to the Engagement Activity, Gratification or otherwise.
7. The Entries received before the commencement and/or after the expiration of the Engagement Activity Day(s) and/or Engagement Activity Period shall be void. STAR’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 Engagement Activity and the receipt of any Gratification.
8. All decisions taken by STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Engagement Activity shall be construed to mean that the Participant(s) has(ve) waived their right to dispute any decision(s) made by STAR.
9. STAR and/or STAR Entities shall not be responsible in the event that Entries are not received, or the Participant(s) is unable to participate or post his/her vote/entry on the Platform(s) in the Engagement Activity due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking on the option or “Submit/Post” button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.
10. All Entries, Photographs and Lucky Participant Broadcast Visibility shall become the property of STAR and/or STAR Entities. By entering the Engagement Activity, the Participant and/or the Lucky Participan(s) grant STAR and STAR Entities unlimited use of their names, social media handles, address, voice, photographs, Photographs, videos, statements and/or likeness including the Entry Photographs and Lucky Participant Broadcast Visibility in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising and/or any other purpose as may be determined by STAR at its sole discretion.
11. For the sake of clarity, all rights, title and interest in Entry and/or Photographs and/or Lucky Participant Broadcast Visibility shall vest with STAR and/or STAR Entities and may be utilized by STAR and/or STAR Entities at a later point in time, at its sole discretion. The Participant(s) and/or the Lucky Participant(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 and/or Photographs and/or Lucky Participant Broadcast Visibility and/or any later communication to STAR and/or STAR Entities including but not limited to the right to make any adaptation, rights in any form of exploitation etc.
12. STAR and/or STAR Entities is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, illness, infection, death, mental and/or emotional trauma caused to the Participant(s) and/or the Lucky Participant(s) and/or Potential Lucky Participant(s)and/or Disqualified Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Entries, the Engagement Activity and/or the Gratification.
13. STAR shall not be liable for non-receipt of any Gratification by any Lucky Participant, including due to errors or failures or deficiencies in any services including transport services or in address details provided by the Lucky Participant. The Gratification must be claimed in response to messages or telephone calls made to the Lucky Participant(s). Any and all taxes and/or levies applicable under the laws of India and any incidental costs, direct and/or indirect, in relation to the Gratification shall be borne by the respective Lucky Participant. Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which the Lucky Participant(s) is unable to claim the Gratification from STAR.
14. STAR reserves the right to forfeit the Gratification and/or take any action against the Participant(s)/Lucky Participant (s) in the event it is found by STAR that it has a reason to believe that any information provided by the Participant/Potential Lucky Participant/ Lucky Participant is wrong, fraudulent or any misrepresentation is made by the Participant/Potential Lucky Participant / Lucky Participant has violated and/or not adhered to the Terms and Conditions or any applicable laws. STAR shall have the right to declare any other Participant as the Lucky Participant of the Engagement Activity, at its discretion and transfer the Gratification to such other Participant/Lucky Participant. Gratification is provided by STAR on an as-is where-is basis (as applicable) without assurances or warranties of any kind. Neither STAR, STAR Entities nor its group companies or their employees provide any assurances or guarantees regarding the Gratification, including quality, merchantability or fitness for purpose (where applicable). The Lucky Participant agrees not to hold STAR and/or STAR Entities and/or BCCI and/or their respective employees responsible for any delay in receiving the Gratification or any inability to enjoy the Gratification due to any failure outside the control of STAR or any of their agents, or otherwise for any other problem in relation to Gratification. It is clarified that STAR and/or STAR Entities shall not be responsible for the brand, quality, value etc. (where applicable) in relation to the Gratification. STAR and/or STAR Entities shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Gratification or the Engagement Activity. Neither STAR nor STAR Entities shall be liable for any delays or failures in any notifications, or the Engagement Activity in general.
16. STAR reserves the right to change the entry system/mechanism and/or cease accepting Entries for the Engagement Activity during the Engagement Activity Period for any reason or take any other steps in relation to the Engagement Activity as it may deem fit in its sole and absolute discretion.
17. The Participant(s) shall ensure that the Entry, Photographs, Lucky Participant Broadcast Visibility or any subsequent communication being submitted by them is decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person, religious sect or section of the society, etc. The Participant(s) further represents and warrants that the entry and/or Photographs and/or and/or any subsequent communication being submitted by him/her shall be original and shall not infringe upon and/or contain any material that will infringe upon any third-party rights including rights in intellectual property. STAR reserves the right to remove or disqualify any Entries that do not meet these criteria.
18. STAR reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. STAR reserves the absolute right and discretion to reject any Entry or any part thereof at any stage of the Contest, including after declaring the Lucky Participant, if STAR: (a) receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party; or (b) determines at its sole discretion that the Entry inter alia:, (i) belongs to another person and in which the Participant does not have any rights; (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harm minors in any way; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonates another person; (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The decision of STAR in this regard shall be final and binding upon the Participant(s).
19. As part of the overall promotion of the Engagement Activity, the Participants may opt to share their ‘Election Se Selection’ picks with STAR on social media platforms (excluding Whatsapp) using the hashtag #ElectionSeSelection. A few lucky Participants’ picks may be featured on a show/programme on any of the channels owned or operated by STAR or any of its group companies or on any of STAR’s official social media handles. The Participant(s)/ Lucky Participant(s) agrees and consents to the use of their names, the ‘Election se Selection’ picks chosen by them and the content of their respective Entries and/or any part thereof (collectively the “Participant Information”) by STAR and/or its affiliates/STAR Entities as they may deem fit for the purpose of promotion of the Engagement Activity / the Tournament and/or STAR and/or its group companies and/or any programs/shows on any channels owned or operated by STAR or any of its group companies (the “Network”) and/or on any of STAR’s official social media handles. In consideration of their participation in the Engagement Activity, the Participant(s)/ Lucky Participant(s) hereby agree to permit STAR/STAR Entities to use their Participant Information including any rights of Exploitation thereof, during or pursuant to the Engagement Activity, or in any standalone shows/programming on the Network. “Exploitation/Exploit” shall mean the exploitation of the Participant Information and/or any part thereof including along with its cognate forms and grammatical variations, and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Participant Information or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Participant Information and/or any part thereof from one form/format to another and in relation to the Participant Information and/or any part thereof, for incorporation in a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Participant Information in to a film for theatrical Exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, AVOD, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.). The Participant(s)/ Lucky Participant(s) waives off his “Moral Rights” with respect to the Participant Information and/or any part thereof as required. The Lucky Participant(s) shall do all acts and execute all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR herein.
20. It is agreed that at all times the Lucky Participant shall be solely responsible for any non-compliance with or breach of any applicable laws and regulations in connection with their participation in this Engagement Activity. It is clarified for the avoidance of doubt that STAR shall not be responsible in any manner whatsoever for the above and shall have no liability whatsoever (whether in law or equity or otherwise) in respect of the above.
[B] GENERAL RULES:
1. The Participant(s) must be citizens of India residing within the territorial limits of India during the Engagement Activity Period. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Engagement Activity. Proof of age, nationality and address, if requested by STAR from the Participant(s) / Lucky Participant(s), must be submitted to STAR as may be required by STAR to confirm the eligibility of the Participant(s) / Lucky Participant(s).
2. Participant(s) shall provide such information as may be required by STAR from time to time. Any incomplete submission will be considered invalid for the purpose of the Engagement Activity. STAR also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant at any point in time during the Engagement Activity Period.
3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Engagement Activity, without giving prior notice or reason. It shall be the sole responsibility of the Participant(s) to check the rules and regulations of the Engagement Activity available on https://www.disneystar.com/legal-terms-policies/terms/contest-terms-conditions/election-se-selection-60/. Non-conformance by the Participant(s) to any the Terms and Conditions will make such Participant’s Entry/ies null and void.
4. The Participant(s)/ Lucky Participant(s) acknowledges that in case the conduct of the Engagement Activity or enjoyment of the Gratification cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as war, industrial action, flood or any act of God, then STAR shall not have any liability in this connection.
5. STAR and/or its group companies and/or STAR Entities are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in connection to the Engagement Activity.
6. The Lucky Participant(s)/Participant(s) shall hold harmless and indemnify STAR, STAR Entities, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, liability, award, costs or expenses that may arise in connection with any act of the Participant(s)/ Lucky Participant(s) and/or Entry including any third party rights claims with respect to the material submitted by the Participant(s)/ Lucky Participant(s) to STAR.
7. The Participant(s) and/or the Lucky Participant(s) shall not in any circumstances make any claims against STAR/STAR Entities or its group companies, arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults (directly or indirectly), to the Participant(s) and/or the Lucky Participant(s) participation or non-participation in the Engagement Activity or any related activity. If any Participant or the Lucky Participant is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding entries will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Engagement Activity.
9. The Participant(s)/ Lucky Participant(s) of the Engagement Activity agrees that if so required by STAR, he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity") of any nature and on any platform whatsoever without any money payable to the Participant(s)/ Lucky Participant(s). Further, the Participant(s)/ Lucky Participant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR or any of its group companies into public disrepute or denigrate any of the preceding, or offend any community or public morals. In all public appearances the Participant/ Lucky Participant shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Tournament and/or the Network and/or any channel on the Network. The Participant(s)/ Lucky Participant(s) agrees that the footage/ picture/ photograph of the Participant(s)/ Lucky Participant s) used during the course of the Engagement Activity or for the purpose of the Engagement Activity shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and in any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participant agrees and consents to the use of any text and/or information and/or any photograph and/or image and/or visual recording and/or other components of his or her Entry on any platform as STAR may deem fit for the purpose of promotion of the Tournament and/or the Network and/or any channels forming part of the Network.
10. The Participant’s participation in the Engagement Activity shall be considered to be acceptance of the Terms and Conditions as set forth herein.
11. In the event of any fault, misunderstanding or dispute concerning any part of the Engagement Activity, and/or the operation of the internet system, or the validity of any question or answer options, the decision of STAR shall be final and binding on all Participant(s) and other persons. STAR is empowered to take a decision on any case or instances not covered by the present Terms and Conditions.
12. STAR has the right at any time to terminate the Engagement Activity without any prior intimation or notice to the public and STAR is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Engagement Activity.
13. If the operation of this Engagement Activity is prevented or affected by an event of force majeure or otherwise, STAR may cancel all or any part of the Engagement Activity or take such other decision as it deems fit.
14. If any court or other competent authority holds any provision (or any part of such provision) of these Terms and Conditions to be void or unenforceable, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
15. These Terms and Conditions and the Engagement Activity shall be governed by and construed in accordance with the laws of India and the Participant(s) submit irrevocably to the exclusive jurisdiction of the courts in New Delhi.
16. Any dispute or claim arising out of or in relation to the Engagement Activity or these Terms and Conditions shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time, by a sole arbitrator nominated at the sole discretion of STAR. The place of arbitration shall be New Delhi. The language of arbitration shall be English. The award of the arbitral tribunal shall be final and binding on the parties.
17. STAR is empowered to take a decision on any case with respect to this Engagement Activity not covered by the present Terms and Conditions.