ISMART JODI- POPULAR CHOICE VOTING RULES
RULES FOR VOTING
These rules for voting (“Voting Rules”) uploaded on https://www.startv.com/legal-terms-policies/#ctc (“Website”) shall be binding on each Viewer (defined below) who is a citizen of and resident of India, as applicable (“Territory”) who voluntarily wishes to vote for the Popular Choice Category Award (“Category” as defined below) in respect of the program titled “Ismart Jodi” (“Program”) produced by Star India Private Limited (“STAR INDIA/Company”) aired on the channel STAR Jalsha (“Channel”).
The Contest is an integral part of the Program. The following are the Principal Rules for Voting Mechanism (defined below) for the Contest conducted by STAR India for the promotion and viewer engagement of the Program on the Channel:
1. The Program is an non-fiction celebrity couple compatibility show wherein, based on the overall popularity of the celebrity couple, the favorite and/or popular couple/jodi across the Program (“Nominees” and/or “Jodi”) is selected and shortlisted by STAR India and nominated under the popular choice category for voting under the Missed Call voting mechanism as set out below (hereinafter collectively referred to as “Category”) at its sole discretion. During the Period (defined below), the Viewers in the Territory shall cast their Vote (defined below) for their favorite Nominee(s) under the popular choice category as provided on the Website and as per the Voting Mechanism provided below.
2. STAR India shall promote this Contest through on-air (promos, astons, bugs etc.), anchor announcement during the Program, each Nominee to request viewers to vote for themselves, Jodi bite promo, Channel character endorsement(s), digital promotion including promotion on social media pages or platforms of the Channel and any other manner as STAR India may deem fit, at its sole discretion, stating the Voting Mechanism in which the Viewers can participate in the Contest.
3. The Voting Mechanism (as detailed below in clause 4) is applicable only for the Contest and shall be open in the Territory on May 14, 2022 at 12:00 midnight Indian Standard Time (IST) and will conclude on to July 17, 2022 at 11:59pm IST (“Period”) (both dates inclusive). STAR India reserves all rights to make amendments to the Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms and Conditions for the Contest on the Channel and /or the Website and/or on any other platform from time to time. STAR India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Viewer(s).
4. The Voting Mechanism for the Contest during the Period within the Territory is as provided below:
(i) To vote for their favorite Nominee(s) under the Category of the Contest, the Viewers shall give a missed call to the designated numbers for each Nominee during the Period as given below:
Jeetu & Nabanita
Rupankar & Chaitali
Samrat & Moyna
Raja & Madhubani
Bharat & Jayasree
Aneek & Deboleena
Sourav & Susmita
Rajat & Sonalee
Sudip & Preetha
(a) The Viewers will get an automated reply with a thank you message (SMS prompt) in response to the Missed Call made to the pre-defined nos. during the Period (as given below) for the Category. To vote for the Nominee of their choice, the Viewers has to call on the pre-defined no.s allotted to each Nominee as per the list given above. Once the viewer gives a missed call on the identified no. as above, the voting will be completed, and the call will be ended followed by an SMS acknowledging the same.
(b) The Viewers can use the same registered mobile number for voting of different Nominees in a particular week, but each Viewer can only vote once for each Nominee in any given week of the Contest. If any Viewer tries to vote again for the same Nominee from the same mobile number in a week, an SMS will be pushed stating that ‘you have already voted for this category from this number. For clarity, multiple entries for a Nominee by a single Viewer in a span of 1 (one) week will at all times be considered invalid.
(c) For purposes of this voting, “receipt” of Vote(s) occurs when the mobile/network operator records the Vote upon the Viewer(s) keying in the pre-defined no.s for each Nominee and the Viewer (s) receives a confirmation/thank you message.
(d) For the purposes of participating in this Voting Mechanism, casting their Vote as above for their favorite Nominee, under the Category of the Contest during the Period in the format and the appropriate voting code/no. by the Viewer(s) shall be considered as a complete and valid Vote. For the avoidance of doubt, by submitting the Vote the Viewer(s) is representing that the Vote or contents thereof are not confidential or comprise any sensitive personal information.
(e) If any costs are incurred by the Viewer to participate in the Voting Mechanism shall be solely borne by the Viewer without any recourse to Star India in the manner.
(ii) At the end of the Period, the total number of votes received in the Category under the above Missed Call voting mechanism will be calculated based on the total votes received through the Category and the Votes received from the Viewers through the respective Missed Call Voting Mechanism for the Category and accordingly the Nominee(s) with the highest Votes under the Category under the Missed Call voting mechanism shall be declared as the winner of the Category (“Winner”). The Winner shall be announced on the grand finale episode of the Program during its telecast on the channel. The calculation of votes may be done by an automated system or any other manner, as decided by Star India at its sole discretion. The Viewers shall in no event dispute and/or challenge the selection of the Nominee /Winner under the Category so selected/declared for any reason whatsoever. It is further clarified that STAR India and/or the Channel reserve the right to modify the format of the Program and accordingly the rules for Voting Mechanism at any time, at its sole discretion, during the Period and it shall be the sole responsibility of the Viewer(s) to check the Terms and Conditions on the Website from time to time. It is further clarified that in case of the selection and declaration of Winner(s), the decision of STAR India and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in a court of law, to the extent permissible under law. It is further mandatory that the mobile /landline number through which the Viewer participates in the voting is duly registered in his/ her name.
(iii) The Viewers can cast their Votes for only those Nominees who are nominated under the Category of the Contest. Any Votes sent by the Viewers for the Nominees who have not featured in any of the respective Category shall not be considered and shall be considered null and void.
(iv) The Voting is merely to enable the Viewers to choose their favorite Nominee(s) or to Vote for their favorite Nominees from the Channel’s Program. No winners will be declared and/or prizes distributed for the Viewers participating in the Voting Mechanism. Viewers are not entitled to make any claims in respect of this against the Channel, STAR India, and /or the Program. For the sake of clarity, the opportunity to Vote in the Program shall be the only valuable consideration afforded to the Viewer and the Viewer understands and agrees to not dispute the same.
(v) The decisions in respect of the selection of the Category and /or Nominees and the selection / declaration eventual Winner under the Category made by STAR India and/or the Channel shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR India, Channel and/or its employees in connection to the same.
(vi) The Nominee(s) shortlisted and selected by Star India and the Channel are at their discretion and are binding on the Viewers and in no event shall the Viewers dispute the decision made by STAR India, Channel and/or its employees in connection to the same.
(vii) The Viewer(s) shall not in any circumstances make any claims against STAR India, its 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 Viewer(s) participation or non-participation in the Voting Mechanism or any related activity. If the Viewer is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Votes will be disqualified.
(viii) The Viewer(s) shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the on which this Voting is hosted.
(ix) All and any incidental costs direct and/or indirect, in relation to the Voting, shall be borne by the Viewer(s) and in no manner whatsoever shall the Channel/STAR India, be responsible for the same.
5. GENERAL RULES
(i) The Viewers interested in voting must be above the age of 18 (eighteen) years and a citizen and resident of the Territory. The Viewers should not have any criminal conviction or an arrangement or a contract that prevents the Viewers from voting.
(ii) Proof of age, if requested, of the Viewer(s) must be submitted to STAR INDIA as may be required by STAR INDIA to confirm the eligibility of the Viewer(s).
(iv) STAR INDIA reserves the right to cancel and/or reschedule the Program and/or extend or alter the Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the Viewer(s).
(v) Viewer(s) agree, understand and acknowledge that there is no prize/gratification for voting in the Voting Mechanism and casting of Votes for the favorite Nominees under the Category as detailed herein.
(vi) The Voting Rules shall be advertised sufficiently across the Website and /or the Channel to ensure that no Viewer is misled, and each Viewer fully understands the entire process and costs (if applicable) for voting. It is clarified that all costs towards voting shall be borne by the Viewer solely without any recourse whatsoever to STAR INDIA or the Channel.
(viii) 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 the missed call or SMS charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving STAR INDIA.
(x) Star India reserves the right to disqualify votes or suspend voting if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig/manipulate the voting. Star India has the right to substitute an alternative voting method at its absolute discretion.
(xi) Voters shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.
(xii) To the extent permissible in law, Viewer(s) shall not in any circumstances make any claims against STAR INDIA, 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 Viewer(s) is found to be ineligible, or if they have not complied with these Voting Rules, the corresponding entries will be disqualified.
(xiii) By casting their Vote, each Viewer(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Winner of the Program, Vote, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and award(s) shall be limited to actual out-of-pocket costs incurred and associated with entering the Voting Mechanism (if any), notwithstanding the foregoing, under no circumstances will STAR INDIA and/or STAR INDIA 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.
(xiv) STAR INDIA is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to voting/Voting Mechanism. Each Viewer in consideration of being given opportunity to Vote, agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, and /or any celebrities appearing on the Program, STAR INDIA, 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 Viewer, in any manner whatsoever in connection with the Voting Mechanism, Votes and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer 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.
(xv) STAR INDIA shall be responsible for ensuring that the entire Voting Mechanism shall be managed /conducted on a fair and equitable basis and in accordance with applicable laws of India. For this specific purpose STAR INDIA, will at its sole discretion, appoint independent audit firms /companies/auditors (as the case may be) to audit the entire Voting Mechanism during the telecast of the Program and keep updated records of the same. Such auditors and /or their representatives shall also remain present on the sets of the Program. Employees of and/or consultants of and/or persons hired on contract by STAR INDIA and the sponsors of the Program, if any, and the members of their immediate family are ineligible for voting for the Program.
(xvi) All Voters are advised to remain in areas with strong and stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting vote.
(xvii) Standard calling rates may or may not be applicable for Viewers to participate in the voting process through missed call. It will be Voter’s responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of casting vote while roaming in different circle/zone, additional roaming rates may be applicable. Star India shall not be responsible for any such charges incurred by the Voter.
(xviii) Star India will not permit or entertain any requests or claims to check / audit / challenge the logic of the current voting rules.
(xx) By the act of voting, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Program, in any manner whatsoever to the extent permissible under law.
(xxi) Any votes casted outside the voting timelines mentioned in the ‘Voting mechanism’ above shall not be considered valid and will not be counted.
(xxii) Each Viewer(s) hereby acknowledges and agrees that the relationship between the Viewer(s) and STAR India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
(xxiii) Viewer(s) acknowledges that in case any portion/clause of these Voting Rules 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 Voting Rules shall be valid and binding and of like effect as though such provision was not included herein.
(xxiv) Viewer(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of Vote 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 Voting Rules and if such inability to perform such obligation continues for a period of fifteen (15) days, then STAR INDIA shall be at liberty and upon their sole discretion to terminate any such vote(s) of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).
(xxv) The Viewer(s) shall comply with the laws of India.
(xxvi) Other third-party websites may provide information related to the voting process, timelines or any other information which may be relevant to the Program, however, the content on such websites is not subject to our control, their owners may be independent from us and Star India does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewers basis such information.
(xxvii) These Voting Rules shall be construed and governed in accordance with the laws of India and all disputes to be submitted to the courts having jurisdiction at Mumbai, India.
(xxviii) In case of any queries, please write to email@example.com setting out your concerns/issues. We shall endeavor to reply to the same in reasonable time, however, no reply shall not construe to acceptance, or the query raised.