Holi Beach Party Contest
Terms & Conditions
The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest (as defined below) as detailed herein for participation in the “Holi Beach Party Contest” (“Contest”) and shall be binding oneach participant (“Participant”, “Your” and/or “You”) residing in the UAE(hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contesthosted by Star India Private Limited (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.
The Contest shall be governed by the Terms and Conditions, and, by entering the Contest, each Participant acknowledges that he/she has read and understood, and unconditionally agrees to comply with and abide by these Terms and Conditions. The decisions of STAR on all matters relating to the Contest shall be final and binding in all respects.
STAR shall promote the Contest on the “Star Plus Middle East”, Facebook Pages at https://www.facebook.com/STARPlusMiddleEast/ (“Facebook Page”) and Instagram handle www.instagram.com/starplusmiddleeast/ (“Instagram Handle”).
The Contest shall commence on 8thMarch 2020 at 12:00 PM UAE and shall conclude on11thMarch 2020 at 11.59pm UAE (“Contest Period”).
(I) Participants Eligibility
To participate in the Contest the Participant(s) must comply with the below:
1. The Participant(s) must be individual citizens/resident of the Territory and of eighteen (18) years of age or above at the start date of the Contest Period.
2. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract.
3. The Contest is not open to the employees (permanent or contract) and directors, including each of their immediate family members, of (i) STAR, its parent, subsidiary and affiliated companies (collectively, “ STAR Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and or entities connected with the promotion of the Contest (collectively, “Sponsors”).
4. STAR reserves the right to verify the eligibility of all Participants.
5. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s Entry(s) as null and void.
(II) Participation Mechanism:
1. A question related to Holiwith three answer options – two incorrect and one correct shall appear on the Facebook Page. The question with the three answer options shall be flashed at any time during the Contest Period as such number of times decided by STAR.
2. To enter the Contest, Participants must watch the Channel(s)/ follow the social media platforms during the Contest Period and pick the correct answer to the question during Contest Period. To send in their entries, Participant(s) will comment the right correct answer below the social media post
3. Only the first Entry per Participant(s) shall be allowed and considered for the purpose of the Contest. For the sake of clarity, if a Participant(s) has/have submitted their first entry with the incorrect answer and subsequently with the correct answer, only the first Entry shall the considered for the Contest, the subsequent Entry shall be considered null and void.
4. An Entry will be deemed valid only on completion of the full details requested along with the answer to the question.
5. Any details submitted must be accurate and complete and are subject to proof upon request by STAR.
6. Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted.
7. The Entries received before the commencement or after the expiration of the Contest Period shall be void. Any incomplete and/or illegible entries will result in disqualification from entry into the Contest and the receipt of any prize.
8. STAR shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, STAR shall not be responsible for technical errors of any nature whatsoever that results in a Submission not being received. Any automated receipt of confirmation does not constitute proof of actual receipt.
9. Only eligible Submissions/Entries received during the Contest Period will be included in the Contest.
10. Submissions should state all the required information asked from the Participant(s). If the same is not complied with, then the Submission will not be considered and will be disqualified.
11. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirm that the Entry is in compliance with all applicable laws of the Territory and agrees to keep STAR, STAR Entities and/or Sponsors indemnified from any claim thereto.
12. The Participant(s) agrees that the Entry shall be free of any virus/Trojans/spyware/malware or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intend to harm and/or provide unauthorized access to the recipient’s computer and the data therein.
13. The Participant(s) represents and warrants that the persons appearing in the Entry are the Participant(s) and his/her relatives alone and are not a group of friends or acquaintances. The Participant(s) represents that the Entry is authentic and not fabricated for the purposes of the Contest.
(III) Selection Process and Gratification:
1. STAR shall within Two (2) days after the expiry of the Contest Period shortlist 2 families (4 members each) randomly who has answered the question correctly (“Winner”). Such Winner shall be required to fulfil all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR
2. The Winner will be contacted on the facebook accountthrough which the Entry was submitted. Such Winner will be required to submit scanned copies of age proof and address proof (eg. Passport/Resident VISA/ any other valid ID for verification) (“Documentswithin next 48 (forty-eight) hours of contacting them. In the event, winner fails to submit the Documents within the stipulated time, his/her participation shall be invalidated, and he/she shall forfeit his/her chance to win the prize. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).
3. The communication to the Winner would be done within thirty (30) days from the end of the Contest Period. In the event, such communication to Winner is postponed for whatsoever reasons, STAR will not be held responsible and there shall be no winner announcement done on any public forum or otherwise.
4. STAR shall not be responsible if the Winner are not available at the email id provided by them and as a result of which the Winner loses his/her chance to receive the prize.
5. In the event that STAR is of the opinion none of the Entries are eligible to be selected as a Winner, then STAR may exercise its discretion not to select any winning Entry.
6. STAR shall make only one (1) attempt to reach the Winner. In case they do not revert, the selection shall be invalidated and STAR shall not be liable to that Winner in any manner whatsoever.
7. The Winner shall be required to be present in such location as required by the Companyto receive four movie tickets for the movie Malang.(“ Prize”).
8. The Winner shall be solely responsible for his/her travel to and from the event venue at its sole cost without any recourse to STAR. The Winner shall be responsible for and shall bear any other costs, expenses and charges not specified as being included in the Prize description informed to the Winner from time to time.
9. STAR shall not be liable if the Winner misses the event or for any loss/ damage to their person or property caused/incurred during transit to the venue to receive the Prize. The Winner shall keep STAR indemnified for any loss suffered as a result of the same.
10. STAR shall not be responsible for payment towards alcohol, cigarette, laundry, telephone etc consumed by the Winner.
11. The Winner shall make a declaration as to his physical and mental fitness and shall indemnify STAR against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and warranties.
12. If the selected Winner is unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.
13. All decisions of STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed that the Participant(s) has waived their right to dispute any decision(s) made by STAR.
14. STAR reserves the right to withdraw the Prize should the selected Winner fail to comply with any of these Terms and Conditions and/or applicable laws or for any reason whatsoever.
15. STAR, STAR Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize, nor for any changes in dates or times or cancellations which may prevent the selected Winner from availing of the Prize offered.
16. Each Participant hereby acknowledges and agrees that STAR or STAR Entities shall not be held responsible for any acts or omissions on the part of the distributors while availing of the subscription of the channels and/or access to internet platform. It is solely the responsibility and discretion of the distributors in their respective Territory to distribute the channels to a particular Participant in any manner which they deem fit.
17. In case a Participant(s) and/or Winner fails to produce any documents required by STAR for the purpose of verification of complicate with these Terms and Conditions, such Participant(s) and/or Winner shall stand disqualified without any liability to STAR.
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 Winner and the Winner 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.
(IV) Additional Terms:
1. 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) check the Terms and Conditions of the Contest on the website of STAR i.e. http://www.startv.com/
2. STAR reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.
3. Under no circumstances will STAR, STAR Entities and/or the Sponsors 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.
4. The Winner hereby acknowledge and agree that the relationship between the Winner and STAR is not a confidential, fiduciary, or other special relationship.
5. The Winner hereby agree to be bound by the Terms and Conditions and/or by any subsequent revisions of the Terms and Conditions (“ Revised Terms”). STAR reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Terms.
6. All Submissions and/or Entries shall become the property of STAR and/or STAR Entities. By entering the Contest, the Winner grants STAR and STAR Entities unlimited use of their names, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.
7. For the sake of clarity, all rights, title and interest in Entry shall vest with the STAR and may be utilized by STAR at a later point in time, at its sole discretion. The Participant and/or the Winner hereby irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Entry to the STAR including but not limited to the right to make any adaptation, rights in any form of exploitation etc.
8. All ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges (including visa charges), expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the selected Winner.
9. By providing any personal information to STAR and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to STAR. If a Participant does not wish to have his/her information and/or likeness viewed by or disclosed to others, he/she should not enter the Contest.
10. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,
11. The Winner agrees that if due to any reason, whatsoever, beyond the control of STAR the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.
12. 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 Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.
13. The Winner 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 failing which their selection shall be forfeited.
14. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, STAR its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner during the Contest and/or enjoyment of the Prize.
15. The Winner 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 Winner agrees that the footage of any nature with regard to the Winner shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.
16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of STAR, in any manner whatsoever.
17. The Contest shall be governed by and construed in accordance with the applicable laws of India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai.
18. 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 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 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