TERMS AND CONDITIONS
These terms and conditions (‘Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’) who voluntarily agrees to participate in the contest titled “Gold Winner Contest” (‘Contest’) which will be hosted by Star India Private Limited (“Star India”) for the purpose of promotion and viewer engagement of its channel ‘Star Vijay Super’ (“Channel”). The Contest will be conducted on the Channel.
The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects.
Star India reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on Website (defined below), unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defence in any proceeding with regard to the Contest.
To participate in the Contest, the Participant may be required to disclose his/ her personal information to Star India from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). Star India is committed to protecting the privacy and the confidentiality of the Personal Information received. Star India uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such information in dealt in the manner laid down in the Privacy Policy of Star India available at https://www.disneystar.com/legal-terms-policies/#contest-tandc (‘Website’).
Any information gathered through these Terms and Conditions shall be subject to our Privacy Policy which is available at our Website incorporated herein by reference. Your act of participating in the Contest shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to agree to these General or Principal Rules (as stated herein below) or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Contest. The Contest shall be governed by the Terms and Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same.
The Privacy Policy available at the Website shall govern all usage of any Personal Information and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information in relation to Your participation in the Contest gathered under or pursuant to this Contest by STAR India (if any).
I. Principal Rules
1. Star India shall announce the Contest via promos on the Channel and other channels of Star India, newspaper ads, radio, outdoor and digital and social media platforms of the Channel (Facebook, Twitter, and Instagram) or through any other medium of exploitation which shall be at the sole discretion of Star India.
2. The Contest shall commence from 6th January 2024 at 12:00 pm Indian Standard Time (“IST”) and shall conclude on 27th 6th July April 2024 at 03:00 pm IST (“Contest Period”) on the Channel. Star India reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions for the Contest on the Channel and /or the Website, from time to time. Star India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).
3. The Contest shall comprise of 01 (one) multi-choice question on every Saturday of the Contest Period (i.e on 6th, 13th, 20th and 27th of January 2024; 3rd, 10th, 17th and 24th of February 2024; 2nd, 9th, 16th, 23rd and 30th of March 2024, and 6th, 3th, 20th and 27th of April 2024, 4th, 11th, 18th and 25th of May 2024, 1st, 8th, 15th, 22nd and 29th of June 2024, 6th, 13th, 20th and 27th of July 2024) based on the movie telecast between 12:00 pm and 03:00 pm in the Channel (“Question”). The total number of Questions triggered during the Contest Period shall not exceed forty- two (42) multi choice questions. It is further clarified that the Contest shall be triggered only during the telecast of the Star Vijay Super Programs between 12:00 pm IST to 03:00 pm IST timeslot during the Contest Period and no other timeslots. For the purposes of this Terms and Conditions, the Question shall be displayed on the Channel during the telecast of the Star Vijay Super Programs between 12:00 pm and 03:00 in the Channel on a L-Band of 05-10 seconds along with the mechanism for every Participant to participate in the Contest also, a voiceover of the question will be played three times during breaks of the movie telecast between 12:00 pm and 03:00 pm in the Channel. The lines will remain open during Contest Period from 12:00 pm IST to 03:00 pm IST (“Answer Timeline”) during the Contest Period.
4. To participate in the Contest and to be eligible for the Prize (as defined below), the interested Participant(s) shall be required to correctly answer the Questions during the Contest Period, by making a missed call to the unique mobile numbers shown against the correct answer option to the Questions (“Answer/ Entry”). If the Participant(s) provides an incorrect Answer(s) then his/her Entry (as defined below) shall be considered incomplete, and the Participant(s) shall not be eligible for the Prize (as defined below). Answer(s)/Entry(s) received by Star India after the Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by Star India. It is further clarified that the missed call made by the Participant to an incorrect number or after the Contest Period will be deemed invalid and entry of such Participant will be disqualified. For purposes of this Contest, “receipt” of Answer(s) occurs when the mobile/network operator records the Answer information upon the Participant(s) sending the SMS and the Participant(s) receiving a thank you message stating “Thank you for participating in Super Shopping contest. Your response has been recorded Thank you! Your participation confirms that you agree to contest T&Cs and Privacy Policy of the Contest”. Any automated receipt confirmation does not constitute proof of actual receipt. Providing the correct Answer of the Question of the Contest during the Contest Period by the Participant(s) through missed call shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, by submitting the Entry and /or Answer(s) the Participant(s) is representing that the Entry(s) and /or Answer(s) or contents thereof are not confidential or comprise any sensitive Personal Information. It is clarified that each Participant(s) shall be allowed to send only one Entry from one particular mobile number for the Question and the Participant shall not be allowed to submit /provide Answer(s)/Entries innumerable times through missed calls from the same mobile number to the unique mobile number assigned to the answer option for the same Question. However, Participants are free to participate in the Contest by sending Answers/Entries to each Question asked during each day of the Contest Period from the same mobile number. Answer/s Entries (i.e. missed calls) received after the Answer Timelines of the respective Question of the Contest shall be considered null and void.
5. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.
6. In case of telecom, network failure and/or any other reason, Star India reserves the right to change the mechanism or take such necessary steps as it may deem fit.
7. Upon the Participant(s) sending in their Entry to the Question, the mobile number from which the Participant(s) have answered the Question would get registered with the respective network provider. It is understood by the Participant that to be eligible for the Prize he/she shall be required to submit his/her Entry/ Answer for the Question from his/her own mobile number only failing which he/she shall be considered ineligible to contest for the Prize.
8. It shall be deemed that the person in whose name the mobile number is registered (from which the missed call is sent) shall be construed to have sent the Answers/Entry(ies) for the Contest.
9. It is clarified that the Question shall have only 1 (one) correct answer and to qualify to win the Prize, the Participant shall be required to provide the correct Answer(s) to the Question triggered during the Contest Period.
10. Star India and/or the Channel reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason whatsoever. The decision of Star India and/or the Channel in this regard shall be binding upon the Participant(s).
11. SELECTION OF WINNER AND GRATIFICATION: During the Contest Period, on the basis of the Participant (s) having made a valid Entry and correct Answer(s) within the Answer Timelines, to the respective Question triggered telecast of the Star Vijay Super Programs between 12:00 pm IST to 3:00 pm IST timeslot, SIPL will select three (03) winners (“Winner(s)”) on randomiser basis for each Question and thus there will be total forty-two (42) Winners for the 14 Questions i.e., for the entire Contest. Each Winner shall be entitled to a gratification of gift voucher which does not exceed Rs.1,000/- (Rupees One Thousand only) each (“Gratification”). It is further clarified that Star India shall at its sole discretion select the Winner and allocate the Prize to the selected Winners by way of a random selection based on the criterion mentioned herein. The Winner shall be declared within 40 (forty) days from the end of the Contest Period via Promos on the Channel and on social media platforms of the Channel.
12. The Winners of the Contest shall be declared via Promos on the Channel and on social media platforms of the Channel. Star India will send SMS to the Winners informing him/her of the date/time at which the Prize may personally collected by the Winner from a designated venue located in Chennai or any other location, at the discretion of and as pre-informed by STAR India. The Winner shall be announced on the Channel and /or Website or any other medium as Star India may deem fit and necessary, at its sole discretion. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant(s) having made a valid Entry(s) and providing the correct Answer(s) during the Contest Period shall be entitled to the Prize. It is further clarified that save and except the Prize stated hereinabove, the Participant(s)/ Winner shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.
13. These Winner shall be contacted by Star India on the mobile/ phone number through which Entry had been submitted to Star India informing them that they have been selected as the Winner of the Contest. The Winner shall be required to submit to Star India scanned copies of the applicable documents as required by Star India for their age proof and address proof which shall be a valid passport copy, pan card copy, aadhar card copy, driver’s license, last two months bill for the mobile number registered with Star India (from which the Participant has submitted his/her Entry in the Contest) (“Winner’s Documents”). The Winner’s shall be required to submit the Winner’s Documents to Star India within seven (07) days from the date of the telephonic communication received from Star India by the Winner.
14. Star India shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Winner on the mobile/ phone number as shall be registered with Star India. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, Star India shall make maximum 1 (one) attempt to call the Winner. In case any the Winner is unavailable on all the attempts, the selection of that Winner shall be invalidated, and Star India shall at its sole discretion select another winner as the Winner from amongst the Participant(s) who have made valid Entry during the Contest Period. For the avoidance of doubt such choice of new Winner by Star India shall be final and binding. Star India shall not be responsible if any of the Winner is not available on the mobile number provided by him/her and as a result of which, the Winner loses his/her chance to the Prize and such decision shall be final and binding.
15. In the event the said Winner fails to adhere to the instructions of Star India and/or fails to submit all the requisite identification documents as more particularly mentioned herein, then his/her selection shall be invalidated, and Star India shall not be liable to that Winner in any manner whatsoever.
16. Star India and/or the Channel reserves the right to decide the Winners of the Contest at its sole discretion.
17. It is clarified hereby that Star India shall have a discretionary right to postpone/ cancel/change the Prize and/or destination of the Prize of reasons of unavoidable circumstances.
18. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winners and the Winners cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person.
19. Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winner in relation to the Prize.
20. The decision of Star India and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by Star India and/or the Channel.
21. By participating in the Contest, it shall be construed that the Winner has waived his/her right to raise any dispute in connection to the Contest and/or the selection procedure and/or the details of the scores and/or the Winner and/or the Prize.
22. The final selection of the Winners shall be made by Star India and shall be final and binding on the entire Participant(s)/ Winners and in no event shall the Participant(s)/ Winners dispute the decision made by Star India or its employees in connection to the Entry/Answer and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of Star India shall be final and binding.
23. The Participant/ Winner shall not in any circumstances make any claims against Star India entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winner are found to be ineligible, or if he or she has not complied with these Rules and Regulations, the corresponding Entries will be disqualified.
24. The Participants/ Winner(s) shall at all times comply with the applicable laws, the Terms and Conditions on which this Contest is hosted.
25. By entering the Contest, each Participant(s)/ Winner acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any), notwithstanding the foregoing, under no circumstances will Star India and/or Star India entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
26. Star India reserves the right to disqualify any Participant(s)/ Winner(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by Star India from time to time. Star India reserves the absolute right and discretion to reject any Entry/ Answer or any part thereof at any stage of the Contest, including after declaring the Winners, if Star India:
a. receives any notice or complaint relating to the Entry/ Answer 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;
b. determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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.
27. The decision of Star India in this regard shall be final and binding upon the Participant(s)/ Winner. The Winner and /or Participant(s) shall not in any circumstances make any claims against Star India entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winners are found to be ineligible, or if he or she has not complied with any of these Terms and Conditions, the corresponding Entries will be disqualified.
28. In consideration of the participation in the Contest, Participant/ Winner hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Answer, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to Star India. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/ Winner in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media and form as Star India may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to Star India including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/ Winner waives any so called moral rights in the Entry.
29. Neither Star India and/or Channel nor its employees have given a guarantee regarding the quality of the Prize, and the Winner agrees not to hold Star India and/or the Channel and its employees, responsible with regards thereof.
30. By participating in the Contest, it is construed that the Participant(s)/ Winners has read and understood these Principal Rules including the General Rules stated below and has agreed to abide by the same.
31. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Participant(s) and in no manner whatsoever shall the Channel/Star India, be responsible for the same.
II. GENERAL RULES
1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, the decision of Star India shall be final.
2. The Participant(s) interested in participating in the Contest must be above the age of 18 (eighteen) years, Indian Citizen and a resident of Tamil Nadu only. The Participant(s) should not have been previously convicted of any criminal offense or must not be a party to an arrangement or a contract that prevents them from participating in the Contest.
3. Proof of age, if requested, of the Participant(s) must be submitted to STAR India (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate and attested in such manner) as may be required by STAR India to confirm the eligibility of the Participant(s). Star India also reserves the right to disqualify a Participant(s)/ Winner(s) in case a discrepancy is found to exist in the information furnished/ provided/ stated by the Participant(s)/ Winner(s) at any point of time during the Contest Period.
4. The Participant(s)/ Winner(s) represents and undertake to execute and produce such further documents as may be required by Star India in relation to the Contest.
5. Participant(s) agree, understand and acknowledge that there is no prize/gratification for merely sending Entry in the Contest.
6. Each Participant(s)/Winner(s) consents to the use of information submitted by the Participant(s)/ Winner(s) including the Entry(s)/ Answer(s) for the purpose as set out in these Terms and Conditions.
7. Star India reserves the right to cancel and/ or postpone the Contest without assigning any reasons and/ or without giving any prior intimation to the Participant(s).
8. In case a Participant(s)/ Winner(s) is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content or Privacy Policy, then Star India will disqualify the Entry/ Answer received from such Participant(s)/ Winner(s).
9. The Terms & Conditions shall be advertised sufficiently across the Website to ensure that no Participant is misled and understands the entire participation process prior to participating in the Contest.
10. In case of any telecom and /or network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or providing the Entry/ Answer and/or for any reasons whatsoever, SIPL reserves the right at its sole discretion to change the Contest mechanism for submitting the Entry/ Answer and /or cease from accepting Entry/ Answer of the Participant(s)/ Winner(s) during the Contest Period in any manner it deems fit and necessary. In addition SIPL shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Contest mechanism for submitting the Entry/ Answer including without limitation system failure in the mechanism of recording missed call due to any reason whatsoever including technical disruption/phone lines being open / a default in sending out the SMS alert to the Participant(s) upon sending the Entry/ Answer / close or default / failure/ any other difficulties of such nature due to which the Participant(s) is unable to participate or record his/her Entry/ Answer/ failure to logging on automatic acceptance of missed call as stated in these Terms and Conditions and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of SIPL..
11. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against SIPL, Channel, their employees, directors or its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind that may be suffered, including, without limitation due to any technical faults in the network and/ or connections or directly or indirectly due to or relating to their participation or non-participation in the Contest mechanism. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entry(s) will be disqualified.
12. The Winner(s) shall be required to submit with Star India and/or the Channel a copy of the pan card, aadhar card, last two bills issued by the network operator as a proof that the mobile number is registered in the name of the Winner(s) and such other documents that could be furnished as proof that the mobile number is registered in the Winner(s) name.
13. The Winner(s) agrees to maintain complete confidentiality regarding their selection for the Prize and any matter relating thereto and shall not disclose any information pertaining to the Prize or the Contest which is disclosed to the Winner(s) and which is not available to public in general, to any person or media etc. without the consent of Star. In case the Winner(s) breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.
14. The Prize cannot be transferred, negotiated, refunded, or exchanged for money by the Participant(s)/ Winner(s). For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Prize will be recorded by Star India or will be incorporated in the Program or will find a mention in the Program and/ or on the Channel.
15. Star India shall not be responsible to pay for any cost, expenses, taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, except as specified herein, and if applicable, Winners agrees that the same shall be solely borne by the Winner(s).
16. Star India shall not be responsible for any Entry(s)/Answer(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
17. Star India reserves the right to forfeit the Prize in the event it is found by Star India or it has a reason to believe that any information provided by the Winner(s) including Personal Information is wrong, incorrect, fraudulent or misleading. STAR India shall have the right to declare another Participant(s) (on a random basis on the criterion mentioned herein) as the Winner(s) of the Contest, at its sole discretion and transfer the Prize to such person. Such decision of Star India shall be final and binding.
18. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or the benefit in connection thereto becomes ineffective, invalid or unavailable (e.g. cancellation/postponement of the Contest), Star India shall not be held responsible and/or liable for the same.
19. Star India makes no representation and/or warranty regarding the Prize other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.
20. The Winner(s) shall be solely responsible to avail the Prize at the time of delivery. The Winner(s) agrees that he/she shall not hold Star and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize and/or damage during transit or any problem in connection to the Prize.
21. The Winner (s) specifically agree and undertakes on behalf of himself/herself and his/her respective family members that he/she shall unconditionally make himself/herself and his / her family members accompanying him/her to watch the designated match at the venue available from time to time and co-operate with Star India and participate in any activity and/or campaign of any nature whatsoever ("Promotional Activity") without any consideration whatsoever payable to the Winner(s) for the same. The Winner on behalf of himself/herself and his/her respective family members allows, grants and permits STAR India or any party authorized by it to record (audio-video/audio or video), his/her and /or his/her family member’s appearances, participation, performance, acts, any interaction of the Winner and /or his/her family members within themselves and /or with any celebrities, media or any third party or any representative of STAR India or any related series of sound recordings and video recordings which have been shot during the Contest and/or at the designated venue and/or as part of the Promotional Activity on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Winner and /or his/her family members (“Footage”) and agree that the Footage may be used by STAR India as it deems fit anywhere in the world at any time now or in the future. The Winner agrees and acknowledges on behalf of himself and his / her family members that all rights in the Footage vests exclusively with STAR India worldwide in perpetuity and STAR India is entitled to exploit the same in any manner it may deem fit across any media or platform whether existing now or which may come into existence into the future. The Winner further agrees and undertakes to execute on his/her behalf as well as on behalf necessary documentary as may be required by Star India in respect of the exploitation and use of such footages.
22. The Participant(s)/Winner(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring Star India into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s)/Winner(s) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Program.
23. Star India shall not be responsible if the Winner(s) is not available at the telephone numbers, provided by them and as a result of which, the Winner(s) loses his/her chance to the Prize and such decision of Star India shall be final and binding.
24. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) have waived his/her right to raise any dispute with regard to the Contest, and /or the Prize in any manner whatsoever to the extent permissible under law.
25. For the sake of clarity, if the Winner(s) refuses to accept the Prize awarded upon physical delivery of the same, Star India shall be released from all obligations towards the Winner(s) in connection to the Prize won by the Winner(s). Further, after forfeiting the Prize, Star India shall be entitled to select and declare another Winner(s) (on a random basis on the criterion mentioned herein), as it deems fit, and award the Prize, to that Winner and such decision of Star India shall be final and binding.
26. Further, Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner(s) is not reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which Star India is unable to intimate the Winner(s).
27. Neither Star nor its employees have given a guarantee regarding the quality of the Prize and the Winner(s) agree not to hold Star and/or the Channel and its employees, responsible with regards thereof. It is clarified that Star and/ or Channel shall not be responsible for the brand, quality, value etc. in connection to the Prize and the supplier/manufacturer shall be solely responsible for the same.
28. Star India will not be responsible nor shall be held liable for defect in the Prize, if any and/or to supply any purchase receipt of the Prize or any other document in relation to the Prize. The Winner agrees that he/she shall not hold Star India and/or the Channel and/or their employees, responsible for delays or any problems in connection to the Prize.
29. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, SIPL, or any of its channels, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/losses/ death/ mental or emotional trauma suffered by the Participant(s)/Winner(s), in any manner whatsoever in connection with the Contest, the Contest mechanism and/or the Gratification won and/or the Program and/or any material submitted forming part of the Entry/Answer and/or any Personal Information submitted by the Participant(s)/Winner(s) 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.
30. Star India is 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(s)/Winner(s) in any manner whatsoever, in relation to the Contest.
31. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify Star India, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/ litigation/ injury/ damage/ harm/ loss suffered by Star India in connection with any act of the Participant(s)/Participant(s) Entry and/or the Contest including any third party rights claims with respect to the material submitted by the Participant(s).
32. Each Participant(s)/Winner(s) hereby acknowledges and agrees that the relationship between the Participant/Winner(s) and Star India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
33. The Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Prize 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 Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then Star India shall be at liberty and upon their sole discretion to terminate any such Prize and/or participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding.
34. Participant(s)/Winner acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of these Terms and Conditions, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
35. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
36. The Participant(s)/Winner(s) shall at all times comply with the laws of India.
37. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the missed call and/or Prize and/or the Contest shall be referred to the courts at Chennai, India.