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 ‘#HIYAAN TOP FAN CONTEST” (‘Contest’) which will be hosted by Star India Private Limited. (“ Star India/ STAR”) for the purpose of promotion and viewer engagement for their program titled Ekhane Akash Neel (“Program”) being telecast on its channel viz, ‘Star Jalsha’ (“Channel”). The Contest will be conducted on the Channel and through an email id Hiyaan@startv.com specifically created by Star India for the purposes of this Contest (hereinafter referred to as “Platform”).

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.startv.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).

PRINCIPAL RULES

(I) Entrants’ Eligibility:

(a) The Contest is open only to persons who are the citizens of India and shall be of 18 years of age and above. The Participant must have a valid and existing Facebook profile / account and /or a valid and verifiable email id during the Contest Period.

(b) Permanent and/or contract employees and directors of STAR, its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “STAR Entities”) and each of their immediate family members are not eligible to enter the Contest. It shall be the sole responsibility of the Participant(s) to familiarize themselves with the Terms & Conditions of the Contest from time to time. Star India reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participants (ii) make amendments to the existing Terms & Conditions or Contest Period or withdraw, change, alter, amend the Terms and Conditions (iii) extend or curtail the Contest Period or suspend or abandon the same at any time, and the Participant shall have no objection to the same whatsoever, nor shall the Participant make any claims /disputes in respect of the same. You further understand and acknowledge that you shall be solely responsible to visit the Website from time to time in order to be informed of any updates in the Terms and Conditions and abide by the same without any recourse to STAR for any reason whatsoever.

(II) Contest Procedure:

(a) The Contest shall start on 17^th August 2020 at 06:00 AM IST and end on 30^th August 2020 at 11:59 PM IST (“ Contest Period/Period”).

(b) To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period:

• For the purpose of participating in this Contest, it is mandatory that the interested Participant (s) mandatorily have a valid email id or Facebook account and must be residing in India during the Period of the Contest.
• The prospective Participant (s) shall be required to write a slogan in Bengali language comprising a maximum of ten (10) words to describe and celebrate the love between their favourite couple – Ujaan and Hiya, the characters in the Program and; post the slogan on their respective Facebook page with the hashtag ‘#HIYAAN’ written in the caption.
• Thereinafter the Participant (s) shall be required to compose and send an email from his / her respective email id addressed to the Platform wherein the Screenshot of said Facebook Post is attached and /or uploaded along with the Photograph and Personal Information of the Participant (hereinafter collectively referred to as “Post”) . For avoidance of doubt it is clarified that for the purpose of participating in the Contest and to be eligible for the Gratification , it is mandatory that each and every screenshot included in the Post should have the pre-decided hash-tag, as stated above.

(c) For purposes of the Contest, “receipt” of Post occurs only when the website server records the Post information upon the entrant clicking “Submit/Post” button. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt. Sending an email onto the Platform in the manner as stated hereinabove, mandatorily having a valid email id account or having a valid Facebook account and being a resident of India during the Period of the Contest and comprising of the screenshot of the Facebook post with pre-decided hashtag and their photograph in the manner as prescribed herein and; furnishing the Personal Information shall be considered as a complete and valid entry (“ Entry”). For the avoidance of doubt, if the Participant(s) send an email onto the Platform with screenshot of the Facebook post but without their photograph or uploads only their photographs but without the screenshot of Facebook post or Personal Information or if the Participant does not have a valid email id or does not have a valid Facebook account or is not resident of India, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Gratification . The Participant (s) agrees and acknowledges that by submitting the Entry and /or Post, the Participant(s) is representing that the Entry(s) and /or Post or contents thereof are not confidential or comprise any sensitive personal information. Each Participant(s) consent to the use of information submitted by the Participant(s) including the Post for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use by STAR of the Picture forming part of the Post in any manner or mode as STAR may deem fit for the purpose of promotion of the Contest and /or Program. Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby grants to STAR a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, in the Post including their slogan and their photograph forming part of it, to utilize the Post in any manner deemed fit by STAR, including, inter alia, in a digitally modified format, including on the Program and/or in the channel STAR Jalsha and/or any other social media platform page of STAR, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Contest, as deemed fit by STAR. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s)/Winner(s) waives off his “Moral Rights” with respect to the Post including the slogan and/or the photograph or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Post submitted by the Participant(s) for the purpose of using in the Program. The Participant(s)/Winner(s) undertakes not to create any lien, charge, or other encumbrance, on the Post at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Post in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Post in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in the Post along with the image including rights in any form of intellectual property and rights in any form of exploitation will be owned by STAR throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Post by STAR or any third party authorized by STAR, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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.

(d) The Participants shall ensure that the submitted Post including their photograph forming part of it is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including rights in any form of intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that (i) belongs to another person and to which the Participant does not have any right; (ii) is grossly harmful, harassing, blasphemous 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 whatsoever; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights;(v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (ix) 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 to any other nation. For the avoidance of doubt, the Participant(s) agrees that STAR has the right to remove any such material/Post which may not be in consonance with the applicable laws.

(e) The Participant(s) further represents and warrants that the Post being submitted by him/her shall be original. Particularly, the Participant(s) represents that he/she has the complete authority to submit the contents of the Post and agrees to indemnify and hold harmless STAR from and against any suit/litigation/injury/damage/harm/loss suffered by STAR in connection with the same.

(f) Participants are supposed to send only one Post through their email id, during the Contest Period. In case of Participants submitting more than one Post through the same e-mail id or different e-mail ids, during the Contest Period, only the first Post received from such Participant during that Period will be considered as a valid Post for the Contest.

(g) The Post should state all the required information asked from the Participant(s) at the Website and/or in these Terms and Conditions. If the same is not complied with, then the Post will not be considered eligible for the Gratification and; will be disqualified.

(h) STAR shall not be responsible for any Entries submitted but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or electricity failure and/or any reason whatsoever.

(III) Winner Selection and Gratification :

a. At the end of each and every corresponding week during the Contest Period, ie, on the last day of the week, STAR will shortlist a maximum of 7 winners (“Winners”) out of the Participant(s) having made a valid Entry, all the Video(s) received by STAR during the corresponding week, on the basis of the Post / Entry fulfilling the criteria set out herein shall be viewed and rated by a panel comprising of the representatives of STAR as determined by STAR in its sole discretion. This panel shall rate the Slogans on the basis of certain pre-defined criteria viz, innovative / original thought, selection of words and aptness of the Slogan etc and /or any such other criteria as may be solely determined by STAR at its sole discretion. The selection of Winners will be based on their respective scores based on the evaluation of the Entries, as above and in case of any tie, randomization process will be adopted for selection of Winners.

b. The sole gratification for the Winner(s) shall be that STAR shall broadcast their slogans along with the photograph of the Winner(s) in a branded window during the telecast of the Program and the Winner(s) will also get a chance to e-meet Ujaan and Hiya through a webinar (“Gratification”) there is no other gratification on the Channel or any other platform owned by Star and /or its affiliates in any manner as deemed fit by Star at its sole discretion’. Participant(s)/Winner(s) agree that the Gratification is the only prize for the Contest and no monetary prize will be awarded to the Winner(s). For avoidance of doubt it is clarified that STAR’s decision in regard to the selection and declaration of the Shortlisted Participant(s) and/or Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are Shortlisted Participant(s) and subsequently declared as Winner(s) based on the criterion mentioned hereinabove, by STAR at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Shortlisted Participant(s)/Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). Post(s)/ Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

c. STAR shall inform the proposed telecast details of their respective Posts / Slogans as well as the details of their e-meeting (webinar) with Ujaan and Hiya to individual Winners through their respective e-mail ids from which they have send their Post for the Contest. STAR also reserves the right to announce the name of the Shortlisted Participant(s) and/or the Winner(s) either on-air on their digital / social media pages and/or on the Channel.

d. All decisions of STAR shall not be subject to any appeal of any nature whatsoever. Participation in the Contest shall be construed to mean that the Participant(s)/Winner has waived his/her right to dispute any decision(s) made by STAR in relation to the Contest and/or Gratification, to the extent applicable under law.

e. The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Shortlisted Participant(s)/Winner(s) agrees and undertakes that no cash equivalent or alternative prize will be given to the Shortlisted Participant(s)/Winner(s) and the Shortlisted Participant(s)/Winner(s) cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Shortlisted Participant(s)/Winner(s) and the Shortlisted Participant(s)/Winner(s) cannot transfer the Gratification to any other person.

f. The Shortlisted Participant(s)/Winner(s) shall not in any circumstances make any claims against the STAR 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 winner’s participation in the Contest or any related activity, to the extent permitted under law. If the Shortlisted Participant(s)/Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Post will stand disqualified and such decision shall be final and binding..

g. If STAR so elects, the Shortlisted Participant(s)/Winner(s) will be required to submit to a confidential background check to confirm eligibility and help ensure that the Shortlisted Participant(s)/Winner(s) will not bring STAR Entities into public disrepute, contempt, scandal or ridicule or reflect unfavourably on STAR as determined in their sole discretion.

h. STAR shall in no manner whatsoever be responsible for security of Participant(s)’s/ Shortlisted Participant(s)’/Winner(s)’ Post including the picture /text and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.

i. Limitations of liability: by entering the contest, each participant 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 gratification 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 and/or STAR 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. In any case STAR’s entire liability under this terms and conditions shall not exceed the total monetary value of the gratification .

GENERAL RULES

1. The Participant(s) interested in participating in the Contest must be above the age of 18 years and residing in India during the Contest Period and at the date of the Gratification. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Contest.
2. Proof of age, if requested, of the Participant(s)/Shortlisted Participant(s)/Winner(s) and/or the family members of the Winner must be submitted to STAR (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).
3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Contest on the Website.
4. Non-conformance by the Participant(s)/ Shortlisted Participant(s)/Winner(s) to any and all the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s/ Shortlisted Participant(s)/Winner(s) Post, null and void.
5. STAR reserves the right to disqualify any Participant(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 from time to time. The decision of STAR in this regard shall be final and binding upon the Participant(s).
6. By participating it is deemed that the Participant(s) have read, understood, accepted and agree to abide with all the Terms and Conditions of the Contest.
7. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the Terms and Conditions the decision of STAR shall be final in this regard.
8. The Winner(s) agree that he/she shall not hold STAR and/or its employees, responsible for delays or any problem in connection to the Gratification.
9. The Shortlisted Participant(s)/Winner(s) agrees that if due to any reason, whatsoever, beyond the control of STAR the Gratification and/or anything in connection to the Gratification and/or the enjoyment of the Gratification becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.
10. STAR is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Shortlisted Participant(s)/Winner(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Gratification.
11. STAR reserves the right to forfeit the Gratification in the event it is found by STAR that any information provided by the Participant(s) and/or the Shortlisted Participant(s)/Winner(s) is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Shortlisted Participant(s)/Winner(s). In this contingency STAR shall have the right to declare another eligible Participant(s)/Shortlisted Participant(s) who qualifies as per the criteria stated above, as the Winner of the Contest and transfer the Gratification to that person.
12. The Shortlisted Participant(s)/Winner(s) shall do any and all acts and execute any and 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.
13. The Participant(s)/Shortlisted Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Gratification cannot be fulfilled due to war, pandemic, 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 5 days, then STAR shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/ Shortlisted Participant(s)/Winner(s) forthwith and such decision shall be final and binding.
14. The Participant(s) and/or the Shortlisted Participant(s)/Winner(s) shall not in any circumstances make any claims against STAR 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 (directly or indirectly), to the Participant(s) and/or the Shortlisted Participant(s)/Winner(s) participation or non-participation in the Contest or any related activity. If the Participant(s) and/or the Shortlisted Participant(s)/Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.
15. The Participant(s) and/or the Shortlisted Participant(s)/Winner(s) shall hold harmless and indemnify STAR, 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 Participant(s) and/or the Winner(s) and or their family members/friend’s invited by the Winner(s) in any manner whatsoever in connection with the Contest and/or the Gratification 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.
16. The Participant(s)/ Shortlisted Participant(s)/Winner(s) shall hold harmless and indemnify STAR, 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 in connection with any act of the Participant(s)/ Shortlisted Participant(s)/Winner(s) and/or the Contest and/or Post including the photograph, text in the Post and/or any third party rights claims with respect to the material submitted by the Participant(s)/ Shortlisted Participant(s)/Winner(s).
17. The Winner(s) of the Contest agrees that 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 whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Shortlisted Participant(s)/Winner(s) gives his/her consent to STAR and/or any other agency on behalf of STAR to make the footage of the participation in the Promotional Activity The Shortlisted Participant(s)/Winner(s) in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Shortlisted Participant(s)/Winner(s) 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..
18. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/ Shortlisted Participant(s)/Winner(s) and STAR and its affiliated companies is not a confidential, fiduciary, or any other special relationship.
19. Participant(s)/ Shortlisted Participant(s)/Winner(s) 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 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.
20. The Participant(s)/ Shortlisted Participant(s)/Winner(s) agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Contest, the Gratification and/or any other aspect related to the Contest.
21. Participant acknowledges that Participant’s representations, warranties, confidentiality, indemnities, grant of rights in the Post, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
22. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or the Gratification shall be referred to a sole arbitrator appointed by STAR and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.
23. In case of any dispute or other matter arising in reference to the Contest and/or the Gratification , subject to the provision of Clause 22 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Mumbai, India.