Greatest Men’s Test Cricketers of the 21st century (Poll)
Terms & Conditions
I. PRINCIPAL TERMS AND CONDITIONS
2) All Terms and Voting Rules shall be binding on each Viewer ( defined below) and Jury (defined below) member (collectively “Voter(s)”) who is a citizen and resident of India (“Territory”) and who voluntarily wishes to vote (“ Vote”) in the poll ‘ Greatest Men’s Test Cricketers of the 21st century ’ (“Poll”) hosted by Star India Private Limited (“ Star India”) for promotion of ICC World Test Championship Finals, 2021 (the “Match”) on its official Twitter handle https://twitter.com/StarSportsIndia (“Star Sports Handle”) and whose results will be subsequently aired on Star Sports (SD and HD) and/or other channels and/or platforms as decided by Star India in its sole discretion (“ Channel”) (“Activity”).
3) The Poll will be conducted from June 03, 2021 to June 18, 2021, or such other date/time as may be decided and announced by Star India at its sole discretion (“Poll Period”).
4) The Poll aims to give opportunity to the viewers of the Channel & the followers of Star Sports Handle (collectively ‘ Viewer(s)’) and jury members comprising of former cricketers, commentators, coaches, journalists etc. as selected by Star India at its sole discretion (“Jury”) to be a part of the selection process to determine the winners of the following four categories (each a ‘Category’):
a. Greatest Men’s Test Batsman;
b. Greatest Men’s Test Bowler;
c. Greatest Men’s Test Captain; and
d. Greatest Men’s Test All-rounder.
5) For the Activity, performance data from January 01, 2000 onwards of all players will be reviewed by Star India and the names of all players satisfying the minimum objective threshold for each Category, as set by Star India at its sole discretion, will be compiled and sent to the Jury members for further selection and shortlisting. Jury members are required to rank their top 4 (four) choices in each Category and share the same with Star India by 23:59 IST on June 15, 2021. For each vote that is cast by the Jury their Number 4 choice gets 1 point, Number 3 gets 2 points, Number 2 gets 3 points and Number 1 gets 4 points (“Jury Scores”).
6) All votes from all the Jury members shall be accumulated and top 4 (four) highest ranked players in each Category shall be shortlisted as nominees (“Nominee(s)”) for the final round of voting held on Star Sports Handle.
7) Subsequently, Viewers will be given an opportunity to vote for their favorite Nominee in each Category via a Twitter poll hosted by Star India for each Category on Star Sports Handle between June 15, 2021 and June 18, 2021 (“Twitter Poll”). Viewers shall be required to Vote for their favorite Nominee within a period of twenty-four (24) hours from the time of publication of each Twitter Poll in each Category. Nominee ranked 4th in the Twitter Poll will get 1 point, Nominee ranked 3rd in the Twitter Poll will get 2 points, Nominee ranked 2nd in the Twitter Poll will get 3 points and Nominee ranked 1st in the Twitter Poll will get 4 points (“Viewers Scores”).
8) The Nominee with the highest scores after adding the Viewers Scores to the Jury Scores shall be selected as the winner in each Category (“ Winners”).It is understood that any announcement based on the Poll, shall be at the sole discretion of Star India and shall be final and binding and the Voters shall in no event challenge and/or dispute the decision made by Star India in this regard.
9) The Winners shall be announced by Star India on its Channels anytime during June 18, 2021 to June 22, 2021 at its sole discretion.
10) Voters hereby agree, undertake and declare the following by voting in the Poll :
a) that the decision of Star India for all matters relating to the Poll shall be final and binding in all respects.
d) that Star India reserves the right to modify the format of the Poll, selection criteria etc. and accordingly these Voting Rules at any time, at its discretion, during the Poll Period. It shall be the sole responsibility of the Voters to read the Voting Rules from time to time. It is further clarified that in case the final scores for two (2) or more Nominees are tied, the Winner(s) shall be decided by Star India at its sole discretion and such decision of Star India shall be final and binding and the same shall not be disputed and challenged in a court of law, to the extent permissible under law.
e) that all votes must be received during the Poll Period as per the deadlines specified by Star India to the Voters. Entries received after such deadline will not be considered for the Poll and shall be deemed null and void without requirement of any further intimation by Star India. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network, technical disruption, connection failure, electricity failure, any other reason whatsoever and/or the cost of internet session charged by the telecom/mobile operator etc. for casting the vote in the Poll. Any dispute in connection to the above shall be settled between the subscribers/Voters and the telecom/mobile operator directly, without involving Star India. Voters agree that they shall keep their vote confidential at all times during the Poll Period.
f) The Voter agrees and acknowledges that the opportunity to participate in the Poll is the sole consideration to the Voter; the Voter is not entitled to receive any gratification, prize, monetary or otherwise, for participating in the Poll and/or for registering a Vote.
g) that Voting Rules and the Poll shall be governed by and construed in accordance with the laws of India and the Voters submit irrevocably to the exclusive jurisdiction of the courts in New Delhi.
h) that Star India has the right at any time to terminate the Poll without any prior intimation or notice to the public and Star India is not obligated in any manner whatsoever to compensate any person or persons who have voted in the Poll. Further, if the operation of this Poll is prevented or affected by an event of force majeure (such as natural disaster, acts of God, riots, terrorism, epidemic, pandemic, government order or such other event that is beyond the reasonable control of Star India) or otherwise, Star India may cancel all or any part of the Poll or take such other decision as it deems fit.
i) that to the extent permissible in law, Voters shall not in any circumstances make any claims against Star India, Jury members and /or any celebrities appearing on the Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, accidents, deaths, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their voting. If the Voter is found to be ineligible, or if they have not complied with these Voting Rules or applicable law, the corresponding entries will be disqualified.
j) that (i) any and all disputes, claims and causes of action arising out of or in connection with the selection of the Winner and/or Nominee, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the voting mechanism for the Poll (if any). Notwithstanding the foregoing, under no circumstances will Star India and/or its affiliates be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. In any case Star India’s entire liability under these Terms and Conditions shall not exceed the total monetary value of INR one hundred.
k) Any costs or expenses incurred to participate in the Poll shall be solely borne by the Voters and Star India shall not be liable for any such costs or expenses.
l) Star India reserves the right to disqualify any Voter(s) from participating in the Poll if the Voter(s) are found to be in breach of any provisions of these Terms. The decision of Star India in this regard shall be final and binding upon the Voter(s) and the Voter(s) shall not at any time challenge and/or dispute such decision of Star India.
II. General Terms and Conditions
1. The Voters interested in participating in the Poll must be above the age of eighteen (18) years, must be a citizen of India and must be a resident of India during the applicable Polling Period. The Voter should not have a criminal conviction or an arrangement or a contract that prevents the Voter from participating in the Poll. Proof of age, if requested, of the Voter(s) must be submitted to Star India (i.e., school leaving certificate/school transfer certificate/college leaving certificate/college transfer certificate) as may be required by Star India to confirm the eligibility of the Voter(s). The Voter(s) represents and undertakes to execute and produce such further documents as may be required by Star India in relation to the Poll. Star India also reserves the right to disqualify a Voter in case a discrepancy is found in the information furnished/provided/stated by the Voter at any point in time.
3. The Voter(s) will be solely responsible for complying with the terms stipulated by Twitter in the territory to submit their Vote on account of any restrictive terms imposed by such platform(s) and/or on account of the Voter’s failure to comply with the terms imposed by such platform(s).
4. Star India reserves all rights to make amendments to the existing Terms or withdraw, change, alter, amend the Poll mechanism, Terms, Polling Period and/or any aspect related to the Poll without giving prior notice. It shall be the sole responsibility of the Voter(s) to check the Terms from time to time.
5. Star India reserves the right to cancel and/or reschedule the Activity and/or Poll and/or extend or alter the Polling Period without assigning any reasons and/or without giving any prior intimation to the Voter(s). Such decision shall be final and binding on the Voter(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the Voter(s).
6. The selection of film for telecast on the Channel, pursuant to the Poll shall be final and binding on all Voter(s) and in no event shall the Voter(s) dispute the decision made by Star India in connection to the Vote and /or any aspect related to the Poll. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Poll and/or the selection process to qualify for the Poll, the decision of Star India shall be final and binding.
8. 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 Voter(s) in any manner whatsoever, in relation to the Poll.
9. The Voter(s) shall not in any circumstances make any claims against the Star India entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly to the Voter(s)’s participation or inability to participate in the Poll or any related activity, to the extent permitted under law. If the Voter(s) is found to be ineligible, or if he or she has not complied with these Terms, the corresponding Vote will stand disqualified and such decision of Star India shall be final and binding.
10. Star India shall not be responsible for any cost, expenses, taxes, duties, charges, fees and/or any levies applicable under the laws of India, in relation to the Vote(s), Poll and any such costs, if applicable, shall be solely borne by the Voter(s).
11. Star India and/or the Channel shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Voters and the telecom/mobile operator directly, without involving either Star India and/or the Channel.
12. In case of any telecom and /or network failure and /or technical failure in logging on to the Website, the Handle and/or for any reasons whatsoever, Star India reserves the right to at its sole discretion to change the Poll mechanism and /or cease from accepting Votes of the Voters, in any manner it may deem fit and necessary. In addition Star India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Poll system/ mechanism including without limitation Poll system failure in the mechanism of default /internet lines logging on automatic acceptance of Votes beyond the Polling Period due to technical /technological restrictions and /or due to reasons /events/incidents beyond the reasonable control of Star India.
13. Star India makes no representations and/or warranties regarding the Poll, or any matter in connection therewith other than those expressly given in these Terms and hereby expressly disclaims all other warranties, expressed or implied.
14. By participating in the Poll, the Voter(s) shall hold harmless and indemnify Star India, the Channel, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Voter(s) and/or their family members/friend’s invited by the Voter(s), in any manner whatsoever in connection with the Poll and also to the extent possible 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 or otherwise.
15. The Voter acknowledges that in case the performance, continuance of this Poll cannot be fulfilled due to war, industrial action, flood, any act of God, or any event beyond the reasonable control of Star India, then such non-performance or failure or delay in performance shall not be deemed a breach of these Terms and if such inability to perform or delay in performance continues for a period of seven (7) days, then Star India shall have the right, in its sole discretion, to terminate the Poll, any gratification and/or participation of a Voter forthwith and such decision shall be final and binding.
16. Voter hereby acknowledge that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
17. Each Voter hereby acknowledges and agrees that the relationship between the Voter and Star India, the Channel and its affiliated companies is not a confidential, fiduciary, or any other special relationship.
18. Each Voter(s) acknowledges that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible, and the remainder of these Terms shall be valid and binding and of like effect as though such invalid or unenforceable provision was not included herein.
19. Voter(s) acknowledges that Voter(s)’s representations, warranties, indemnities, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
20. Star India reserves the right to discontinue the Poll at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Voters (s) whatsoever without prior notice to the Voters;
21. The outcome of the Poll /the decision made by the Channel and/or Star India regarding the Poll shall be final and binding on the Voters and in no event shall the Voter(s)/Voter(s) dispute the decision made by Star India, Channel and/or its employees in connection to the Poll.
22. By the act of voting, it shall be construed that the Voter(s) has waived his/her right to raise any dispute with regard to the Poll, in any manner whatsoever to the extent permissible under law.
23. Voter hereby acknowledge that Voter have fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.
24. In case of any queries in relation to this Poll, you can write to firstname.lastname@example.org Star India shall endeavor to reply to the same within a reasonable time.