Jalsha Movies Birthday Engagement
TERMS AND CONDITIONS
THE TERMS AND CONDITIONS (“T&CS”) ARE AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
The T&Cs shall be binding on the individuals participating in the campaign (“Participant”) conducted by Star India Private Limited (SIPL/Company)
Please read the following T&Cs before participating in the Campaign. By participating in the Campaign, You voluntarily agree to be bound by these T&Cs and represent that You satisfy all of the eligibility requirements set out herein below.
By proceeding further You are representing to the Company that Your participation in the Campaign is in compliance with all laws applicable to such Participant, and that the Participant is not in any manner prohibited from participating in the Campaign by any law. You affirm that You are of legal age and that You are authorized by law to accept these T&Cs and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&Cs. These T&Cs shall be irrevocably binding on You, and You shall ensure that You are in strict compliance with the T&Cs hereunder.
The Company reserves the sole and exclusive right to amend these T&Cs (and all the documents included herein by reference) including without limitation amendments to the eligibility criteria and details of the Campaign as described below, or any element thereof, at any time without prior or subsequent notice to You. The amended T&Cs, if applicable, will be effective immediately upon uploading the same on Website and/or any other mode of communication, unless otherwise mentioned. You, are encouraged to re-visit the Website and/or Company’s channels/social media handles to stay abreast of any changes that may be introduced. The T&Cs (including any amendments thereof) shall be advertised sufficiently across the Website and/or any other medium of communication as required by the Company to ensure that You, are not misled and understand the entire participation process prior to participating in the Campaign. If You, do not agree to an amended version of the T&Cs in whole or part thereof, You, should not proceed with the Campaign and/or shall not submit your Entry for and in relation to the Campaign. The Participant’s participation and/or submission of Content/Entry for and in the Campaign shall be deemed acceptance of such T&Cs by You/Participant. You acknowledge that no knowledge of the amendments made shall not be a defence in any proceeding with regard to the Campaign. Notwithstanding anything to the contrary, the amendments in the T&Cs shall not apply to any dispute between You, and the Company that arose prior to the date of such amendments.
“Campaign” shall mean Jalsha Movies birthday wishes campaign inviting Participants to submit their birthday wishes content/entry on the official Facebook & Instagram page for Jalsha Movies as mentioned herein the TNCs;
“Campaign Period” shall mean the period commencing on 9th December 2022 and continuing until 23rd December 2022 or such other date stipulated and/or updated by the Company at its sole discretion on the Website and/or through any other medium as will be prescribed from time to time required to be checked by You, from time to time. The period can be extended or reduced by the Company at its sole discretion from time to time;
“Channel” shall mean the Bengali GEC channels owned and operated by SIPL viz Jalsha Movies;
“Content” shall mean any birthday wishes submitted in Bengali or English language as part of the Campaign and having a word limit of upto 15 (fifteen) words only.
“Exploitation/Exploit” shall mean the exploitation of the Content for the purposes as described under the T&Cs.
“Intellectual Property” means and includes all copyright, confidential information, publicity rights, brands, rights if any vested in the Participant relating to or in the Content;
“Territory” shall mean the territory of India.
“Website shall mean the website accessible at https://www.disney.com/legal-terms-policies/terms/contest-terms-conditions/jalsha-movies-birthday-engagement/.
1. Company shall announce the Campaign via promos on the Channel and other channels of SIPL, digital platforms of the Channel (Facebook, Twitter and Instagram) and/or through any other medium of exploitation which shall be at the sole discretion of the Company.
(i) The Participant must be a citizen of India.
(ii) The Participant must be a major, as per laws of India.
(iii) The Content should be submitted in either Bengali or English language. In case the Content is submitted in a combination of both the languages then the Company may at its discretion translate the Content in either English or Bengali and the Participant shall not dispute and/or raise any objection in connection with the translation of the Content.
(iv) The Content should be grammatically correct with correct spellings for being eligible for the Campaign.
3. Details of the Campaign
i) The Campaign is a pan India campaign for Participants to send Entry/Content to the Company for Jalsha Movies birthday and comprising of Participant(s) who meet the Eligibility criteria as described above.
ii) Upon submission of Content as set out in Clause 4 below, Company through its designees/creative team will select the Content that meets and complies with the TNCs as set out herein. Such selected Content will be developed into an executable creative/design to be displayed on its Channel and/or platforms and/or any other mode, medium, format, as determined by Company (“Campaign”).
4. Procedure to submit Entries
You understand that to participate in the Campaign, You:
i. will be required to send a single birthday wish Content via dropdown comments section only on the designated and official social media post made by the Company inviting the Content, unless otherwise specified by the Company, along with Your name, state, location, on the official social media handles of the Company ie on https://www.facebook.com/JalshaMoviesIndia for Facebook & https://www.instagram.com/jalsha_movies/ for Instagram via the Participant’s official and valid social media handle on facebook & Instagram during the Campaign Period, and other information required (if any) as per the instructions provided by the Company in the promos on the Channel and other channels of SIPL.
ii. You, understand that for the purpose of participating in the Campaign it is mandatory that the Content and any other required information is submitted by You, on the Company’s official social media handles on facebook & Instagram (as mentioned above) through a valid social media account which should be registered in Your name only (“Registered Account”), failure to comply with this pre-requisite will automatically cause Your participation to be invalid.
iii. In the event the Registered Account used by You for the purposes of participation in the Campaign, is found to be unauthenticated and /or the said Registered Account is not registered in Your name, then the Company shall have the right to forthwith disqualify the Participant from further participation and his/her Entry shall immediately be considered to be null and void. Further, the T&C shall stand terminated.
iv. If at any point of time during the Campaign, the Company finds that the Registered Account shared by You is found to be unauthenticated, then Company shall have the right to forthwith disqualify such Participant from further participation and his /her Entry shall immediately be considered to be null and void and this T&C shall stand terminated
v. For purposes of the Campaign, furnishing the Personal Information as part of the registration/participation, submission of the Content, in the mode and manner as prescribed, shall be considered as a complete and valid entry (“Entry” or “Entries”). Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if You fail to furnish Personal Information, in the Campaign, in the manner prescribed, then the Participant’s Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Campaign.
vi. The Company shall be free at any point of time to contact and /or communicate with You, for availing any additional information and/or to verify any details and /or any form of documentation as deemed fit by the Company in relation to Campaign and/or the Entry and You shall, unconditionally facilitate the same. Any incomplete Entry and /or Entries with incorrect format, inadequate Personal Information, invalid Registered Account or which consist of Prohibited Content (defined below) will be considered invalid and will be disqualified from being considered for purposes of this Campaign.
vii. Entry(ies) received after the Campaign Period will not be considered for the Campaign and shall be deemed null and void. The Company shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever. It shall be Your sole responsibility to ensure that the Entry that is submitted is submitted correctly after following the due procedure specified by the Company.
viii. In case of multiple Entries, only the first Entry from that particular Registered Account shall be considered and all subsequent Entry(ies) shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation of the Participant in the Campaign. In case the Participant wants to make any modifications, alterations or delete the first original Entry then the same should be done within 1(one) hour from the time such Entry/Content was originally posted/submitted by the Participant, as per the TNCs, and any modifications, alteration, deletion made beyond the said time period cannot be considered by the Company.
ix. There is no registration fee for this Campaign. It is further clarified that the Company reserves the right to close the registration/submission process in any manner it may deem fit at its sole discretion. The decision of the Company in such situations and any other decision regarding the TNCS and/or Campaign and/or submission of Entry(ies) shall be considered final and binding and You shall not, challenge /dispute such decisions.
5. Prohibited Content
You, further agree and undertake that no part of the Entry/Entries including the Content shall contain any or all of the following:
i. belong to another person and to which the Participant(s) do not have any right;
ii. grossly harmful, harassing, derogatory, defamatory, blasphemous, pornographic, paedophilic, 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;
iii. any depiction that is insulting to religious groups, religious sentiments of any community in the country or is politically motivated;
iv. depicts tobacco, alcohol, firearms, weapons, ammunition
v. infringes any patent, trademark, copyright or other proprietary rights;
vi. violates any law for the time being in force;
vii. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
viii. impersonates another person;
ix. contains software viruses, Trojans, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, including harming recipient’s computers/system/servers etc.;
x. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
For avoidance of doubt, You agree that the Company has the right to remove any Entry which breaches any of the terms of these T&Cs and You shall not be entitled to object to the same.
In addition to the foregoing, the Company reserves the right to prohibit any other content if it believes (at its sole discretion) that it is necessary to do so for (i) protecting the Company and/or any of its affiliates from regulatory, financial, legal liability or to comply with any applicable law; (iii) prevent or limit risk (including reputational risk) to the Company and/or any of its affiliates.
6. Selection Criteria and Announcement
i. The creative team of the Company shall at its sole discretion select Content for the Campaign as mentioned above.
ii. Selection of (a) participants for the Campaign and (b) the Final Selected Content (defined below) will be done on the basis of how the Content meets the Campaign requirements and compliance of the TNCs.
iii. Participants shall be selected at sole discretion of the Company and based on their own independent assessment and compliance of the TNCs. The Company’s decision shall be final, binding and not subject to appeal or further review. The Company will not be under any obligation to disclose reasons for non-selection of any Participant.
iv. The selected participants shall participate in the Campaign as mentioned above. The Content of the selected participants shall be adapted into executable creatives/designs and displayed on the Channels and/or platforms of the Company (“Final Selected Content”), which Final Selected Content may be used/reproduced as stated in herein.
v. In case any participants are invalidated or disqualified for any reason as determined by the Company, then Company reserves the right, at its sole discretion, to select another Participant for the Campaign from among the Participant(s) who have made valid Entries.
vi. Any decisions of the Company shall not be subject to any appeal of any nature whatsoever. Permitting the participation of the Participant in the Campaign shall be construed to mean that have waived my right to dispute any decision(s) made by the Company, in relation to the Campaign and/or the Campaign, to the extent applicable under law.
7. Assignment: In consideration of being afforded an opportunity to participate in the Campaign, You agree, represent and warrant that all Intellectual Property in and to the Content shall remain the exclusive property of Company from the moment they are submitted as part of the Entry in perpetuity and for the entire world. To the extent, that the Intellectual Property or any rights, title and interest in the Content do not vest with Company, by operation of law, You, , on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assign and transfer all Intellectual Property vested in the Content including rights in any Exploitation thereof to the Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Content in relation to future medium or mode of exploitation of the Content is not held valid by operation of law, notwithstanding the assignment of such rights in favour of Company, You, hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Content as may be developed in the future, for the entire world. Notwithstanding the above, You, hereby agree that You, have not assigned or in any other manner transferred rights including the Intellectual Property in and to the Content for such means and modes of exploitation of the Content which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Content for the entire world and perpetuity to the Company. You, agree and acknowledge that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Content to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Content at any time it chooses, and it is expressly agreed by You that Section 19(4) of the Indian Copyright Act, 1957 will not apply to these T&Cs.
8. Waiver of Moral Rights. You, waive off moral rights with respect to the Content/ participation in the Campaign. Further, You further agree and acknowledge that You, shall not be entitled to any share in the revenues arising from exploitation of the Content by the Company. You, acknowledge that the Entry submitted, including the Content does not qualify as a ‘performance’/ ‘live performance’ within the meaning of the Indian Copyright Act, 1957.
9. Further Use of Final Selected Content: The Final Selected Content will be used by the Company to create an executable creative/design including but not limited to in static, moving and/or video format to be displayed on any mode, medium or format including the Channels and/or platforms of the Company. You agree and acknowledge that the Company shall have the sole and final creative control over creation of the creatives and/or hosting of the Content and that the Company and/or its assignees reserve the right to make changes, modifications, alterations to such Content, at their sole discretion, for the purpose of creating the creatives/designs and/or hosting such Content. You, agree that notwithstanding such changes, modifications or alterations by the Company, You shall continue to be bound by the terms and conditions of this T&C.
10. Confidentiality: You, agree to maintain complete confidentiality regarding any information relating to the business, operations, production methods and programming of the Company, or any entity related to or affiliated with the Company, and all other information learned or obtained as a result of Your participation in the Campaign and matters relating to the Campaign which is not available to public in general, to any person or media etc. without the consent of the Company. In case of breach this condition by You, You shall be liable to be disqualification/rejection from the Campaign.
11. Representation and Warranties
By providing the Personal Information and participation of the Participant in the Campaign, You would have deemed to have made the following declarations/ representations, warranties and hereby irrevocably agree and confirm the following in your personal capacity:
i. You agree that You have the full right, power and authority under law to enter into these T&Cs and to perform all obligations set out herein and You are not under any obligation to any third party, nor will You enter into any obligation with a third party, that could interfere with performance of these T&Cs;
ii. You agree and acknowledge that Your participation in the Campaign is voluntary and the Content submitted as part of the Entry is original and does not infringe and/or violate any third party rights.
iii. You acknowledge that any Personal Information submitted by You to the Company and/or any other information that has been asked to be submitted to the Company at any point during the time of this Campaign, as per the T&Cs herein to the Company and in relation to use in connection with the Campaign is true, accurate, and complete;
iv. You consent to (i) the collection and storage, processing and use by Company and/or its affiliates and assignees, of Personal Information provided by You, for and in relation to the Campaign and (ii) receipt of further communication and information from the Company and/or any person authorized by the Company information in relation to the Campaign and any and all notifications/ communication in relation to the Campaign as the Company may deem fit;
v. You, acknowledge that the Company and or its affiliates and assignees, or any other entity appointed by the Company in relation to the Campaign will not be liable in the event You send us any incorrect/incomplete information at the time of submission of Personal Information, in relation to the Campaign and that Company may choose to disqualify You from the Campaign at its sole discretion on account of submission of incomplete/incorrect Personal Information;
vi. You agree that any and all costs incurred for and in relation to the Campaign, shall be solely borne by You without any recourse to the Company;
vii. You acknowledge, that in case of network failure and/or any other reason, Company reserves the right to change the mechanism of submission of the Entry for the Campaign or take such necessary steps as it may deem fit;
viii. You agree, that Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, your computer system or mobile network inter alia the website, unclear network, disruption in the network and/or the internet /network costs charged by the mobile/network operator etc. at the time of submitting of Personal Information. Any dispute in connection to the above shall be settled between You, and the applicable mobile/network operator directly, without any recourse to the Company;
ix. You agree, that by accepting the T&Cs, You shall do any and all acts and execute any and all documents in such manner and at such locations as may be required by Company, or any other entity in connection with the Campaign and to give effect to the terms herein, at the Company’s sole and absolute discretion, as more particularly described hereunder;
x. You, confirm that Your Entry in relation to the Campaign does not contain any Prohibited Content, as described above.
xi. You shall not bring the Company and/or its affiliates into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Company and/or its affiliates as determined in their sole discretion.
xii. You, acknowledge that all and any incidental costs direct and/or indirect, for and in relation to the Campaign, shall be borne by You and in no manner whatsoever shall the Company be responsible for the same;
xiii. You agree, that the participation of the Participant in the Campaign shall be at no risk attributable to the Company and You will waive Your right to raise any dispute with regard to Campaign to the extent permissible under law;
xiv. You agree to comply with all applicable laws of India at all time.
xv. You agree, that if You are found ineligible, at any point of time during the Campaign or if You have failed to comply with these T&Cs at all times during the Campaign, the corresponding Entry of such Participant will stand disqualified and such decision of the Company shall be final and binding.
xvi. You agree and acknowledge, that this Campaign may be cancelled/postponed/abandoned for any reason including due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Company (each a “Force Majeure Event”) and such non-performance or failure shall not be deemed as a breach of the T&Cs. Failure by Company to enforce any of these T&Cs in any instance will not be deemed to be a waiver of the T&Cs and will not give rise to any claim by any person.
xvii. You agree to waive off any right to restrain or injunct or attempt to restrain or injunct the Campaign in whole or in parts thereof or any material in connection to the Campaign.
xviii. You acknowledge, that the Campaign and all the accompanying Content are copyright of the Company with all rights being reserved with the Company.
12. Company’s Rights
i. Company reserves the right to disqualify any Participant from participating in the Campaign without assigning any reason whatsoever and without any prior intimation. In case of disqualification, this T&Cs shall stand terminated and neither party shall have any obligations towards each other. The decision of the Company in this regard shall be conclusive and binding;
ii. Company reserves the right to disqualify any Participant from participating in the Campaign if his/her conduct is found to not be in concurrence with the T&Cs (as may be amended by Company from time to time) including all obligations, representations and warranties set out herein;
iii. The Company reserves the right to extend the timing or reduce the Campaign Period, without prior notice to You.
iv. The decisions of the Company for all matters relating to the Campaign shall be final and binding in all respects;
v. In the event of any fault, misunderstanding or dispute concerning the Campaign mechanism, the decision of the Company shall be final;
vi. Nothing contained herein or otherwise will impose an obligation on the Company to accept or utilise the Entry of any Participant and Company reserves the right to accept or reject such Entry at its sole discretion;
vii. Nothing contained herein or otherwise imposes an obligation on the Company to conduct the Campaign proposed. Company reserves the right to cancel, abandon, postpone, amend the Campaign or any part thereof.
13. Warranty Disclaimer: Company makes no warranties or representations and assumes no liability or responsibility for any unauthorized access to or use of our secure servers and/or any and all information (including the Personal Information, submitted by You) therein, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
14. Limitation of Liability: By participating in the Campaign, You, acknowledge and agree that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Campaign, 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 by You, in relation to the Campaign. Notwithstanding the foregoing, under no circumstances shall Company 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.
15. Indemnities: You, agree that You, shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors or any other person from and against any:
i. claims/suit/litigation/injury/damage/harm/loss arising out of or in connection with any breach or alleged breach by You of any obligation, confidentiality, covenant, representation, or warranty under the T&Cs and all the documents included by reference hereunder;
ii. Your violation of any third party right, including without limitation any intellectual property right such as copyright, trademark, etc., property, or privacy right.
iii. Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any health hazard, injury, death, mental trauma caused to You in any manner whatsoever or for any reason whatsoever in connection with the Campaign, and/or the submission of Personal Information.
16. Further Assurance: You, will be required to execute any and all legal documents, as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by You, in relation to the Campaign. In case You are unable to furnish the original document(s) to verify the eligibility details and also fail to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Campaign based on the sole discretion of the Company.
i. If any provision of these T&Cs is deemed invalid by any law or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&Cs, such portions shall be considered divisible and shall not be part of these T&Cs, and the remainder of these T&Cs shall remain in full force and effect.
ii. No waiver of any term of these T&Cs shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these T&Cs shall not constitute a waiver of such right or provision.
iii. These T&Cs or any part thereof, may not be transferred or assigned by You but may be assigned by Company, without restriction.
iv. Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between You and the Company.
v. The T&Cs shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Campaign the same shall be exclusively referred to the Courts at Mumbai, India.
vi. These T&Cs and any non-contractual obligations arising out of or in connection with the Campaign, shall be governed by and construed in accordance with the laws of India, with the Courts at Mumbai having the jurisdiction over the issues arising out of these T&Cs.
vii. The foregoing clauses pertaining to confidentiality, representations, warranties, warranty disclaimer, indemnities, limitation of liability, Company’s rights, dispute mechanism shall survive the efflux of time and the termination of these T&Cs.