"Fan Week” contest
Terms & Conditions
[A] Principal Rules
1. The Contest will be conducted from 20th October 2020 to 23 rd October 2020 or such other date(s) as may be decided by STAR at its sole discretion and announced by Star (“ Contest Period”). Each calendar day falling within the Contest Period will be referred to as “Contest Day”.
2. The Contest aims to celebrate the dedicated fans who tune in to Byju’s Cricket Live, aired on the Star Sports Network, regularly and actively participate and engage with Star on social media platforms. The Contest will run in the manner described hereinbelow:
(A) All the participants in the Contest must be citizens of India residing in India during the Contest Period and must be at least 18 (eighteen) years of age with a valid twitter account as on the date of participating in the Contest (the “Participants”); and
(B) STAR shall invite people to participate in the Contest by posting a tweet on the Twitter account of STAR, available at https://twitter.com/StarSportsIndia with username/handle ‘@starsportsindia’ and/or on the Instagram account of STAR, available at https://www.instagram.com/starsportsindia/ , with username/handle ‘@starsportsindia’ (“ Social Media Handles”). The Contest requires the Participant to post his/her own picture in the form of a selfie through a tweet using his/her personal Twitter account and/or through an Instagram Story using his/her personal account, showing themselves preparing for the relevant cricket match to be played on the said Contest Day (“ Entry”). To be eligible, the Participant must follow the Social Media Handle(s) and their Entry must include the hashtag ‘#FanWeek’. Further, the Entry(ies) posted by a Participant through an Instagram story and/or Tweet must be publicly viewable during the Contest Period. The image of the actual Twitter and/or Instagram account holder must be present in the Entry (“Eligibility Requirements”). The Contest will run on each Contest Day during the Contest Period; and
(C) the end of the post show “Byju’s Cricket Live” of the concerned cricket match and/or the concerned cricket match itself, whichever is later, in relation to the Entry for the said Contest Day, shall be considered to be the “Daily Closing Time”.
(D) Any Entry which does not adhere to the Eligibility Requirements and/or violates the guidelines of Twitter and/or Instagram and/or does not have the image/picture of the actual Twitter and/or Instagram account holder through which the said Entry was submitted, as applicable, shall not be considered valid and shall be deemed to be null and void without requirement of any intimation by STAR;
(E) From the total pool of valid Entries received for the Contest from Participants upto the Daily Closing Time of the relevant cricket match on each Contest Day, the best Entries in relation to each cricket match shall be selected as the daily winners of the Contest for that Contest Day (collectively, the “Winners”). The selection of the Winners shall be done by the STAR’s experts (“Experts”); and
(F) In the event of the Entry having the image of any other person in addition to the actual Twitter and/or Instagram account holder through which the said Entry was submitted, only the actual Twitter and/or Instagram account holder through which the said Entry was submitted shall be considered a Winner. Provided, only the said Winner shall be eligible to be recognized for the Prize even if the image submitted as Entry has any other person(s) present in it. Provided further, the Winner shall be solely responsible for procuring all rights and authorizations including compliance with all the Principal Rules, General Rules and Consent for Procuring Personal Information forming part of the Terms and Conditions from the persons, apart from him/her, who are present in the image submitted as the Entry for the Exploitation including usage of the said Entry by STAR.
3. The Winners shall be selected on the basis of the quality and creativity of their Entry(ies) or such other criteria as the Experts may consider appropriate at their sole discretion. The decision of the Experts in selecting the Winners from amongst the Participants shall be final and binding upon all the Participants. The decision of STAR for all other matters relating to the Contest shall be final and binding upon all the Participants.
4. As gratification, the winning Entry(ies) for each Contest Day shall be broadcast on the show ‘Byju’s Cricket Live’ aired on the relevant Star Sports channel as determined by the STAR in its sole discretion (the, “Prize(s)”). STAR shall have the sole and absolute discretion to decide the specifications of the Prize(s) including the show, date, time and duration of the announcement of the same.
5. Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other technical/regulatory difficulties of such nature, due to which the Prize cannot be granted to the Winner(s) as per paragraph 4 above.
6. STAR reserves the right to forfeit the Prize(s) in the event STAR has a reason to believe that any information provided by any of the Winners is wrong, fraudulent or any misrepresentation is made by any of the Winners. STAR shall have the right to declare any of the other Participant(s) as the Winners of the Contest, at its discretion, and to provide the Prize to such other Participants. The Winners agree not to hold STAR and/or its group companies and/or their respective employees responsible for any failure or delay in awarding the Prize(s). STAR and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications or the Contest in general.
7. The Winners agree that Prizes cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prizes will be awarded to any of the Winners and they cannot exchange the Prize for cash or a gift of similar value. The Contest or the Prizes cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record any part of the Contest and to telecast the same on STAR’s channels and platforms or to otherwise mention it on its channels and platforms. If any of the Winners refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards such Winners in connection to the Prize or otherwise.
8. All Entry(ies) from the Participants as per paragraph 2(B) above must be received during the period indicated therein. Entry(ies) received before or after the indicated period will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by STAR.
9. STAR and/or its group companies shall not be responsible in the event that any of the Entry(ies) (as per paragraph 2 above) are not viewable by STAR or the Participant(s) is/are unable to participate in the Contest due to any network/connectivity problems, breakdown in machinery or any other technical error of any nature whatsoever. For the purposes of these Terms and Conditions, an Entry shall be considered “viewable” by STAR only after STAR has opted to view such an Entry and has successfully viewed such Entry of the Participant. Any automated confirmation/similar message does not constitute proof of actual viewing by STAR. For the avoidance of doubt, by posting his/her Entry, the Participant(s) is representing that the Entry (or contents thereof) are not confidential or comprise any sensitive personal information.
10. STAR reserves the right to change the entry system/mechanism and/or cease accepting Entry for the Contest during the Contest Day and/or Contest Period for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion.
11. 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(ies) or any part thereof at any stage of the Contest, including after declaring the Winners, if STAR: (a) receives any notice or complaint relating to the Entry(ies) not being compliant with the Terms and Conditions; or (b) determines at its sole discretion that the Entry(ies) inter alia: (i) belongs to another person and in which the Participant does not have any rights; or (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; or (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money-laundering or gambling, or otherwise unlawful in any manner whatever; or (iv) harms minors in any way; or (v) infringes any patent, trademark, copyright or other proprietary rights of third persons; or (vi) violates any law for the time being in force; or (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (viii) impersonates another person; or (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, defence, 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).
12. STAR reserves the right to select and declare the Winners of the Contest and such decision shall be final and binding on all the Participant(s). STAR shall select the Winners in accordance with applicable parameters to be determined solely by the Experts.
13. The Winners will be required to submit necessary supporting documentation to establish their identity/age/residence address etc and their compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR, to be eligible for any gratification. In the event that any Winner fails to furnish such documentation within the timelines indicated by STAR, then his/her selection as a Winner shall stand invalidated. In such a case : (a) STAR and/or its group companies shall not be liable in any manner whatsoever and the Prize shall stand forfeited in respect of that Winner; and (b) STAR may, at its sole discretion, by the prescribed selection criteria, choose other Participant(s) to receive such Prize in place of such person.
14. The Participants (including the Winners) agree and consent to the use of their Entry(ies) and/or any part thereof by STAR or its affiliates as it may deem fit for the purpose of promotion of the Contest, STAR and/or its group companies and/or any programs/events on any channels/platforms owned or operated by STAR or any of its group companies (the “ Network”). In consideration for the participation in the Contest, the Participants (including the Winners) hereby irrevocably, exclusively, perpetually and for the entire universe assign all right, title and interest in their Entry(ies) including any rights of Exploitation thereof, to STAR, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Entry(ies) 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 such Entry(ies) or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry(ies) and/or any part thereof from one form/format to another and in relation to the Entry(ies) 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 Entry(ies) into 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. To the extent that the assignment of all rights, title and interest in the Entry(ies) and/or any part thereof, if any, subsisting in favour of the Participants/Winners, in relation to future medium or mode of exploitation of the Entry(ies) and/or any part thereof is not held valid by operation of law, the Participants/Winners hereby grant an irrevocable, exclusive, sub-licensable, perpetual right to STAR and its affiliates for such future medium or mode of exploitation of their Entry(ies) and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participants (including the Winners) hereby agree that the Participants/Winners shall not assign or in any other manner transfer their Entry(ies), including any part thereof, for such means and modes of Exploitation of their Entry(ies) and/or any part thereof, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to STAR without offering for assignment such modes or means of Exploitation of the Entry(ies) and/or any part thereof for the entire world and in perpetuity to STAR. The Participants/Winners agree and acknowledge that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of their Entry(ies) and/or any part thereof to any third party in breach of such obligation herein, anywhere in the world, shall be null and void. Further, STAR may Exploit Entry(ies) and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 does not apply to the Terms & Conditions. The Participants (including the Winners) agree to waive off their “Moral Rights” with respect to their Entry(ies) and/or any part thereof as required. The Participants (including the Winners) 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.
15. The Participants/Winners who create and submit Entry(ies) understand, acknowledge and agree that they are doing so at their own risk. The Participants/Winners are advised to exercise all due caution in the creation and submission of their respective Entry(ies). All Participants/Winners agree and accept that any physical or bodily injuries and/or death and/or loss or damage to person or property, if suffered by Participants/Winners in the course of creation and/or submission of their Entry(ies), shall be the sole and absolute responsibility of the concerned Participants/Winners and STAR (and its affiliates, directors, officers and employees) shall not be responsible or liable for the same in any manner whatsoever.
[B] GENERAL RULES:
1. All Participants must be citizens of India residing within the territorial limits of India during the entire duration of the Contest. The Participants should not have any criminal conviction or an arrangement or a contract that prevents the Participant from participating in the Contest. Proof of age and residence/address, if requested, of the Participants, must be submitted to STAR within timelines as may be required by STAR to confirm the eligibility of the Participant(s).
2. Participants 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 Contest. STAR also reserves the right to disqualify a Participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant to STAR at any point in time during the duration of the Contest or thereafter.
3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Contest, without giving prior notice or reason. It shall be the sole responsibility of the Participants to check the rules and regulations of the Contest available on the corporate website of the Company. Non-conformance by the Participants to any the Terms and Conditions will make such Participant’s Entry null and void.
4. The Participants (including the Winners) acknowledge that in case the conduct of the Contest or enjoyment of the Prize cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as regulatory action/direction, war, industrial action, flood, drought or any act of God, then STAR shall not have any liability in this connection.
5. STAR and/or its group companies are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, ailment, death, mental and/or emotional trauma caused to any of the Participants (including the Winners) in any manner whatsoever, in connection to the Contest.
6. The Participants (including the Winners) shall hold harmless and indemnify STAR, 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 Participants/Winners and/or their Entry(ies) including any third party intellectual property rights claims with respect to the Entry(ies) posted by the Participants to STAR.
7. The Participants (including the Winners) shall not in any circumstances make any claims against STAR 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) affecting the participation or leading to non-participation in the Contest or any related activity by any such Participant(s) or Winner(s). If any Participant and/or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Entry will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Contest.
8. Employees of and/ or consultants of STAR and/or persons hired on contract by STAR, sponsors, and the members of their immediate family, are ineligible to participate in the Contest.
10. The Participant(s) (including the Winners) of the Contest agree 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"), if applicable, of any nature and on any platform whatsoever without any money payable to the Participants. Further, the Participants (including the Winners) 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(s) (including the Winners) 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 Network and/or any channel on the Network. The Participant(s) (including the Winners) agree that the footage/ picture/ photographs of the Participant(s), if applicable, used during the course of the Contest or for the purpose of the Contest 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 on any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participants (including the Winners) agree and consent to the use of any text and/or information and/or any photograph and/or image and/or audio-visual recording and/or other components of his or her Entry(ies) on any channel/digital platform/social media handles, as STAR may deem fit, for the purpose of promotion of the Contest and/or the Network and/or any channels forming part of the Network and/or any event/program telecasted on the Network.
11. These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest with the courts of New Delhi, India.
CONSENT FOR PROCURING PERSONAL INFORMATION
(a) Your Personal Information (including but not limited to your name, your username, location/city, email ID, phone number and address, the contents of your Entry) is being collected by Star India Private Limited (“ Company”) pursuant to Terms and Conditions available on the corporate website of the Company, in connection with the contest being organized by the Company called “FanWeek” (“Contest”). You hereby also agree that it is necessary for the Company to collect the Personal Information in connection with your participation in the Contest and for the uses set out below.
(b) Your Personal Information will be collected, retained and used by the Company only for the Contest and for promotional/gratification purposes around the Contest and for no other purpose.
(c) Your Personal Information may be used for the Contest, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Contest on the Star Sports network.
(d) The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify your Entry and/or participation in the Contest, as deemed fit and necessary by the Company at its sole discretion.
(e) All your Personal Information is true, correct and complete in all respects and in no circumstances, will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.
(f) The Company has provided me with the option to opt out of providing my Personal Information.
(g) You hereby agree to abide by the Terms and Conditions of the Contest available on the corporate website of the Company.