Jalshar Sera Bandhabi – June 2022
TERMS AND CONDITIONS
The following Principal and General terms and conditions (“Terms and Conditions”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the activity being launched for encouraging woman audience participation in their programs / shows being telecast on their channel viz, Star Jalsha, tentatively titled as “JALSHAR SERA BANDHABI” (“Contest”/ “Activity”) which will be organized by Star India Private Limited (“Company” / “Star India” / “STAR”).
The Contest / Activity shall be governed by the Terms and Conditions and all the Participants in the Contest / Activity 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 and Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms and Conditions will disqualify you from participating in the Contest / Activity. The decisions of the Company for all matters relating to the Activity 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 / Activity shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defense in any proceeding with regard to the Contest / Activity.
1. The Company shall announce and publicize the Contest / Activity on their television channels, Social Media Pages or through any other media, as may be decided by the Company from time to time, at its sole discretion.
2. The Contest / Activity will be conducted in different Phases. The Company shall at its sole discretion roll out the next Phases of the Contest / Activity.
3. For the purpose of Phase-I of this Activity, the Company have identified four (04) Paras / Zones in West Bengal and each Para / Zone will comprise of certain specific areas / locality as more specifically detailed in the Zoning Schedule as given below (“Zone”/ “PARA”). The Contest / Activity shall be conducted Para-wise, and the Contest / Activity of a particular Zone / PARA is open only to females above the age of 18 years, who are residents of that particular Para / Zone (“Eligible Participants”).
4. Phase-I of the Activity / Contest will commence on June 5th 2022 at 00.01 Indian Standard Time (IST) and will continue till June 19th 2022 at 23.59 Indian Standard Time (IST) (“Phase-I Activity Period”). Company reserves all rights to make amendments to the Phase-I Activity Period and/or Terms and Conditions and/or such other terms and conditions stated herein, without giving prior notice to the Participants. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest / Activity on the Website from time to time. Company also reserves the right to (i) cancel and/or postpone the Activity without any prior intimation to the Participants or (ii) extend or curtail the Phase-I Activity 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.
5. The Contest / Activity shall be conducted zone-wise as per the zoning details given in the schedule below and the Eligible Participants shall participate in their respective Zonal Activity in the mode and manner as mentioned below:
Name of the Para / Zone
Designated Telephone Numbers for making missed calls for registration
South Baranagar Youth Organisation
Baranagar Tantipara Unnayan Samity
Nabajiban Yuvak Sangha
6. To participate in the Contest /Activity of their respective Zone / Para, all Eligible Participants shall be mandatorily required to do the following during the Phase-I Activity Period:
a. Give a missed call from their registered mobile number to the designated number(s) assigned for their respective Zone (as given in the table above) or to such other number as may be communicated by the Company from time to time.
b. In reply to the missed call, the participant(s) will receive a voice bound call with a Question with two (2) answer options (A/B). To answer the Question, the participant(s) need to key-in the correct answer option (A/B) ie, to press ‘1’ for ‘Option-A’ and ‘2’ for ‘Option-B’ from their registered mobiles. If the answer option provided by the Participant is correct, then the next question will be pushed to their registered mobile numbers in the same call and so on, subject to a maximum of seventy-five (75) questions and until the participants gives wrong answer to a particular question or not provide any answer option within the time-out period for any question. Also, a link of promo or ‘Kahani Ab Tak’ of the Program / Show for which the participant(s) has given wrong answer will be sent to them. Further, the Participant will be asked to give missed call to a particular number if she wants to receive promotional messages from Star Jalsha. If the Participant gives her consent by giving a missed call as above, she will receive a congratulatory message which will contain the opt-out process. Also, every promotional message sent to the Participant pursuant to this consent will also contain the opt-out process as well. The Eligible Participants participating in their respective Zonal Activity by giving a missed call to the designated number assigned for their respective Zone and submitting correct Answer Options to the Multi-Choice Questions by responding to the voice bound call as above shall constitute a valid Entry (“Entry”) for this Contest /. Activity.
c. From each Zone, one (1) Participant will be selected as the Winner of that Zone, who has provided the maximum number of correct answer options during the Phase-I Activity Period.
d. Participants can make only one attempt from a registered mobile number during the Phase-I Activity Period, and the highest score achieved by her during the period will be considered for selection of winners. Provided however that if the voice bound call gets disconnected due to mobile network issues during the contest then, she will again get two more chances to join back the contest from the question where she left, on the same day.
e. It is further clarified that Participants belongs to a particular Zone can participate in the Contest / Activity of their respective Zones only and not in any other Zones of their choice.
f. All questions will be based on the Programs aired on Star Jalsha Channels and will have two (2) answer options.
g. At the end of Phase-I Activity Period, four (04) Zone-wise Winners will be selected (@ one (1) winner from each Zone), based on the selection criteria as stated above. If there are more than one participant` who has provided maximum number of correct answer options from one zone, the winner will be selected by randomization process.
h. STAR shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Entry/ and the Participant(s) shall unconditionally co-operate to facilitate the same. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate Personal Information, as prescribed herein will be considered invalid, shall be considered null and void and will be disqualified from participating in the Contest /Activity.
i. At the end of Phase-I Activity Period, STAR will shortlist the Winners each Zone during the Period. These Winners shall be contacted by the Company on the registered mobile/ phone number through which Entry had been submitted, informing them that they have been selected as the Winner of their respective Zonal Activity / Contest. The Winner shall be required to submit to the Company, scanned copies of their age proof and address proof which shall be a valid passport copy, pan card copy, driver’s license, Aadhar Card etc (“Winner’s Documents”). The Winner’s shall be required to submit the Winner’s Documents to STAR within seven (07) days from the date of the telephonic communication received from the Company by the Winners.
j. The Company shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Winners on the mobile/ phone number as shall be registered with STAR. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, the Company shall make maximum 1 (one) attempt to call the Winner. In case any the Winner is unavailable on all the attempts, the selection of that Winner shall be invalidated, and the Company shall at its sole discretion select another winner as the Winner from amongst the Eligible Participant(s) who have made the second highest number of valid Entries during the Phase-I Contest Period from that particular Zone. For the avoidance of doubt, such choice of new Winner by the Company shall be final and binding. STAR shall not be responsible if any of the Winners is not available on the mobile number provided by her and as a result of which, the Winner loses her chance to participate in the special episode of the program and such decision shall be final and binding.
k. All the 04 (four) winners selected from the 04 (four) zones during phase 1 activity will get some gift items as prize and banners with their photographs will be placed in their respective locality (“Gratification”)
7. The Participants 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 or directly or indirectly, to the Participant(s) participation or non-participation in the Contest / Activity or any related activity. If the Participant is found to be ineligible, or if she has not complied with any of the Terms and Conditions the corresponding Entries will be disqualified.
8. The Participants shall at all times comply with all applicable laws.
9. By entering the Contest / Activity, each Participant(s) acknowledges and agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest / Activity (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.
10. STAR reserves the right to disqualify any Participant(s) from participating in the Contest / Activity if 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. STAR reserves the absolute right and discretion to reject any “Entry” or any part thereof at any stage of the Contest / Activity. The decision of STAR in this regard shall be final and binding upon the Participant(s).
1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest / Activity the decision of STAR shall be final.
2. The entry process for each Zone is strictly open to Participant(s) residing in that particular Zone during the Period of the Contest / Activity and of the age of 18 (eighteen) years and above only. The Participant (s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Activity.
3. Proof of age and address, if requested, of the Participant(s) must be submitted to STAR (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate), PAN card, Aadhar Letter, Driver’s License etc, as may be required by STAR confirm the eligibility of the Participant(s). STAR also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) at any point in time during the Period.
4. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR in relation to the Contest / Activity.
6. Each Participant(s) consent to the use of information submitted by the Participants, including the Entry for the purpose as set out in these Terms and Conditions.
b. The Personal Information may include information inter alia name, date of birth, address, age, gender, marital status, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition and sexual orientation, images, videos etc.
c. The Personal Information is being collected by STAR pursuant to the Terms and Conditions, in connection with this Activity and it is necessary for STAR to collect the Personal Information for the Contest / Activity and the uses set out below in (d) below.
d. The Personal Information will be used for the Contest / Activity, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by STAR, in respect of the Contest / Activity on the channel(s) owned by STAR and/or their Social Media Pages including the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd or any other third parties.
e. The Personal Information will be shared by STAR with the panel, judges, persons associated with the Activity/Contest and the public at large, in connection with the Contest / Activity.
f. The Company has informed the Participant her rights to: (i) review her Personal Information for deficiencies and inaccuracies and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify the Participant’s Entry to the Contest / Activity, as deemed fit and necessary by the Company at its sole discretion.
g. All Personal Information is true, correct and complete in all respects and in no event will the Company or the panel/judges/persons associated with the Activity/Contest be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information
7. STAR reserves the right to cancel and/or postpone the Contest / Activity without assigning any reasons and/or without giving any prior intimation to the Participant (s).
9. STAR shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to e-mail delivery, unclear network, disruption in the network and/or the internet /network costs charged by the telecom/mobile/network operator etc. Any dispute in connection to the above shall be settled between the subscribers, Participants and the telecom/mobile operator directly, without involving STAR.
10. In case of any telecom and /or network failure and /or technical failure /breakdown on the e-mail and /or technical failure in submitting the Entry(s) to the Contest / Activity and/or for any reasons whatsoever, STAR reserves the right to at its sole discretion to change the mechanism for submitting the Entry(s) and /or cease from accepting Entry(s) of the Participants in any manner it may deem fit and necessary. In such events, STAR shall be entitled to exercise the option of putting the Contest / Activity in abeyance, as it may deemed fit at its discretion. In addition STAR shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the mechanism for submitting the Entry(s)including without limitation system/failure of receiving Entries via SMS beyond the end time stated in these Terms and Conditions and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR.
11. Participant(s) shall not in any circumstances make any claims against STAR, Channel, their employees, directors and its affiliates 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 in the network and /or connections or directly or indirectly due to, to their participation or non-participation in the Contest / Activity.
12. STAR shall not be responsible for any Entries submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
13. The Participant(s) of the Contest / Activity agrees that she shall make 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 Participant(s). Further, the Participant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Participant(s) agrees that the footage of any nature with regard to the Participant(s) from such Promotional Activity and any recording thereof 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.
14. The Participant(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR into public disrepute or denigrate any of the preceding or offend any community or public morals and in all public appearances the Participant shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to promotion of the Contest / Activity.
15. By participating in the Contest / Activity, it shall be construed that the Participant(s) has waived her right to raise any dispute with regard to the Contest / Activity, and /or the Prize in any manner whatsoever to the extent permissible under law.
16. Each Participant in consideration of being given opportunity to participate in the Contest / Activity , agrees that the Participant shall hold harmless and indemnify the Channel, 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, in any manner whatsoever in connection with the Contest / Activity, the mechanism and/or any material submitted forming part of the Entry and/or any personal information submitted by the Participant 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.
17. STAR is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant(s) in any manner whatsoever, in relation to the Contest / Activity.
18. Each Participant in consideration of being given opportunity to participate in the Contest / Activity, agrees to 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)/Participant(s) Entry and/or the Contest / Activity and/or Content including any third party rights claims with respect to the material submitted by the Participant(s).
19. Each Participant(s) hereby acknowledges and agrees that the relationship between the Participant and STAR and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
20. The Participant(s) acknowledge that in case the performance of this Contest / Activity 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 Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then STAR shall be at liberty and upon their sole discretion to terminate any such participation of a Participant(s) forthwith and such decision shall be final and binding.
21. Participant(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.
22. Participant acknowledges that Participant’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
23. The Participant(s) shall comply with the laws of India.
24. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest / Activity shall be referred exclusively to the courts at Mumbai, India.