KING OF KOTHA MOVIE CONTEST - WATCH & WIN CONTEST

TERMS AND CONDITIONS

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 “King of Kotha Movie Contest” (‘Contest’) which will be hosted by Star India Private Limited. (“SIPL”) for the purpose of promotion and viewer engagement during the telecast of the movie titled King of Kotha (“Movie” / “Film”) during the Contest Period (as defined below) on its channel viz, Asianet (“Channel”). The Contest will be conducted on the Channel.

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 SIPL for all matters relating to the Contest shall be final and binding in all respects.

SIPL 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 the 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 SIPL from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). SIPL is committed to protecting the privacy and the confidentiality of the Personal Information received. SIPL 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 SIPL available at https://www.disneystar.com/legal-terms-policies/ (‘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 SIPL 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 SIPL (if any).

I. PRINCIPAL RULES

1. SIPL shall announce the Contest via promos on the Channel and other channels of SIPL, and digital platforms of the Channel (Facebook, YouTube, Twitter and Instagram) or through any other medium of exploitation which shall be at the sole discretion of SIPL.

2. The Contest shall commence from 07:00 PM Indian Standard Time (“IST”) on December 24, 2023 and shall conclude at 11:00 PM IST on December 24, 2023 (“Contest Period”) during the telecast of the Film on the Channel. For sake of clarity, it is clarified that the Contest Period shall consist of 4 (four) hours starting from 07:00 PM on December 24, 2023 and closing at 11:00 PM on December 24, 2023. SIPL reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the Channel and /or the Website from time to time. SIPL also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).

3. During the Contest Period, 5 (five) multi-choice questions will be aired as 15 second promo communications during the telecast of the Film in alternate breaks (“Movie Break(s)”). The total number of Questions triggered during the Contest Period shall not exceed 5 (five). It is further clarified that the Contest shall be triggered only during the telecast of the Film on the Channel during the Contest Period and no other timeslots. It is clarified that question(s) of the Contest triggered during the Contest Period shall be strictly based on the Film. For the purposes of this Terms and Conditions, each of the Questions shall be displayed on the Channel during the telecast of the Prime-Time Movie on a Plate or Aston of 15 seconds along with the mechanism for every Participant to participate in the Contest. The timeline for submission of answers to a particular Question during the Contest Period will be during the period that Question is available on the Contest Page, ie, starting from the time of triggering of the Question on the Channel and till the next Question is triggered on the Channel.

4. To participate in the Contest and to be eligible for the Prize (as defined below), the interested Participant(s) shall be required to correctly answer all the five (5) Questions during the Contest Period, by visiting the contest page on Disney+Hotstar by clicking the link, https://www.hotstar.com/in/movies/king-of-kotha/1260153659 (“Contest Page”) and answer the Questions (“Answer/ Entry”). The Questions will be refreshed on the Contest Page regularly during the Contest Period in accordance with the Questions triggered on the Channel during each alternate Movie Break. That is a particular question triggered on Channel during a particular Movie Break will be available on the Contest Page only till the next Question is triggered on the Channel, and so on. If the Participant(s) provides an incorrect Answer(s) to any question(s), then his/her Entry (as defined below) shall be considered incomplete, and the Participant(s) shall not be eligible for the Prize (as defined below). Answer(s)/Entry(s) received after Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by SIPL.

5. A Participant can answer a particular Question only once during the Contest Period, through their Android and /or IOS Device and/or any operational devices. Providing the correct Answer to all the five (5) Questions of the Contest during the Contest Period by the Participant(s) on the Contest Page shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, by submitting the Entry and /or Answer(s) the Participant(s) is representing that the Entry(s) and /or Answer(s) or contents thereof are not confidential or comprise any sensitive Personal Information. It is clarified that each Participant(s) can submit only one (1) Entry for the Question(s) during the Contest Period and multiple submission of Answer(s) / Entry for the same Question(s) shall make him /her disqualify and ineligible from participating in the Contest and shall render his /her Entry invalid. Further, Answer/s Entries received after the Contest Period shall be considered null and void.

6. This Contest is subject to the guidelines /directions issued by the appropriate Government and any other statutory authority from time to time.

7. It is clarified that all costs incurred (if any) by the Participant(s) to participate in the Contest shall be solely borne by the Participant(s) without any recourse to SIPL.

8. In case of network failure and/or any other reason, SIPL reserves the right to change the mechanism or take such necessary steps as it may deem fit.

9. SIPL and/or the Channel reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason whatsoever. The decision of SIPL and/or the Channel in this regard shall be binding upon the Participant(s).

10. At the end of the Contest Period, every Participant(s) on the basis of the having made a valid Entry and correct Answer(s) to all the five (5) Question(s) triggered during the Contest Period, ten (10) Winners will be selected on a random basis (“Winners”) from the pool of Entries received. For the entire Contest Period the total number of Daily Winners shall not exceed a total number of 10 (ten). Each of the Winners shall be entitled for one (1) gram gold coin as Prize (hereinafter referred to as (“Prize”) and; at the end of the Contest Period, the Winners shall be declared by SIPL at its sole discretion, via Promos on the Channel and on social media platforms of the Channel.

11. SIPL shall contact the Winners on their registered mobile number/e-mail id (registered with Disney+Hotstar) to inform them of the date/time at which the Prize may be personally collected by them from a designated venue located in Kochi, pre-informed by SIPL The Winner (s) shall be announced on the Channel and /or Website or any other medium as SIPL may deem fit and necessary at its sole discretion. It is further clarified that save and except the Prize, the Winner shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

12. These Winners shall be contacted by SIPL on their registered mobile numbers/e-mail id (as the case may be) through which Entry had been submitted on the Contest Page, to inform them that they have been selected as the Winner of the Contest. The Winner shall be required to submit to SIPL scanned copies of their age proof and address proof which shall be a valid passport copy, aadhar card copy, pan card copy, driver’s license, etc. For better clarity, it is explained that for claiming any and all Prizes under this Contest, the Winners should have a valid PAN issued by the income tax authorities and; the Winners are required to produce a copy of their PAN card to SIPL for claiming their Prizes (“Prize Winner’s Documents”). The Winner’s shall be required to submit the Winner’s Documents to SIPL within seven (07) days from the date of the communication received from SIPL by the Winner.

13. In case any Winner(s) is unavailable on the specified date and time as communicated by SIPL for collection of Prize, the selection of that Winner(s) shall be invalidated, and SIPL shall at its sole discretion select another participant as the Winner from amongst the Participant(s) who have made valid Entry during the Contest Period. For the avoidance of doubt such choice of new Winner by SIPL shall be final and binding. SIPL shall not be responsible if any of the Winner is not available on the date, time and place as communicated by SIPL and as a result of which, the Winner loses his/her chance to the Prize and such decision shall be final and binding.

14. In the event the said Winner fails to adhere to the instructions of SIPL and/or fails to submit a copy of their PAN Card and; all the requisite identification documents as more particularly mentioned herein, then his/her selection shall be invalidated and SIPL shall not be liable to that Winner in any manner whatsoever.

15. SIPL and/or the Channel reserves the right to decide the Winner(s) of the Contest at its sole discretion.

16. It is clarified hereby that SIPL shall have a discretionary right to postpone/ cancel/change the destination of the Prize of reasons of unavoidable circumstances.

17. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winners and the Winners 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.

18. The decision of SIPL and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by SIPL and/or the Channel.

19. By participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute in connection to the Contest and/or the selection procedure and/or the details of the scores and/or the Winner and/or the Prize.

20. The final selection of the Winners shall be made by SIPL and shall be final and binding on the entire Participant(s)/ Winners and in no event shall the Participant(s)/ Winners dispute the decision made by SIPL or its employees in connection to the Entry/Answer and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of SIPL shall be final and binding.

21. The Participant/ Winner shall not in any circumstances make any claims against SIPL 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)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winner are found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entries will be disqualified.

22. The Participants/ Winner(s) shall at all times comply with the applicable laws, the Terms and Conditions on which this Contest is hosted.

23. By entering the Contest, each Participant(s)/ Winner 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 SIPL and/or SIPL 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.

24. SIPL reserves the right to disqualify any Participant(s)/ Winner(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 SIPL from time to time. SIPL reserves the absolute right and discretion to reject any Entry/ Answer or any part thereof at any stage of the Contest, including after declaring the Winners, if SIPL:

a. receives any notice or complaint relating to the Entry/ Answer not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;
b. determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, 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 whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, 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 any other nation.

25. The decision of SIPL in this regard shall be final and binding upon the Participant(s)/ Winner. The Winner and /or Participant(s) shall not in any circumstances make any claims against SIPL 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)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winners are found to be ineligible, or if he or she has not complied with any of these Terms and Conditions, the corresponding Entries will be disqualified.

26. In consideration of the participation in the Contest, Participant/ Winner hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Answer, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to the right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to SIPL. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/ Winner in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub-licensable license to SIPL for use in the entire world in any media and form as SIPL may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to SIPL including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/ Winner waive any so-called moral rights in the Entry.

27. Neither SIPL and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and the Winner agrees not to hold SIPL and/or the Channel and its employees, responsible with regards thereof.

28. By participating in the Contest, it is construed that the Participant(s)/ Winner(s) has read and understood these Principal Rules including the General Rules stated below and has agreed to abide by the same.

29. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Contestant(s) and in no manner whatsoever shall the Channel/SIPL, be responsible for the same.

II. GENERAL RULES

1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, the decision of SIPL shall be final.

2. The Participant(s) interested in participating in the Contest must be above the age of 18 (eighteen) years and a resident of Kerala (India) only. The Participant(s) should not have been previously convicted of any criminal offense or must not be a party to an arrangement or a contract that prevents them from participating in the Contest.

3. Proof of age, if requested, of the Participant(s) must be submitted to SIPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate and attested in such manner) as may be required by SIPL to confirm the eligibility of the Participant(s). SIPL also reserves the right to disqualify a Participant(s)/ Winner(s) in case a discrepancy is found to exist in the information furnished/ provided/ stated by the Participant(s)/ Winner(s) at any point of time during the Contest Period.

4. The Participant(s)/ Winner(s) represents and undertakes to execute and produce such further documents as may be required by SIPL in relation to the Contest.

5. Participant(s) agree, understand and acknowledge that there is no prize/gratification for merely sending Entry in the Contest.

6. Each Participant(s)/Winner(s) consents to the use of information submitted by the Participant(s)/ Winner(s) including the Entry(s)/ Answer(s) for the purpose as set out in these Terms and Conditions.

7. SIPL reserves the right to cancel and/ or postpone the Contest without assigning any reasons and/ or without giving any prior intimation to the Participant(s).

8. In case a Participant(s)/ Winner(s) is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content or Privacy Policy, then SIPL will disqualify the Entry/ Answer received from such Participant(s)/ Winner(s).

9. The Terms & Conditions shall be advertised sufficiently across the Website to ensure that no Participant is misled and understands the entire participation process prior to participating in the Contest.

10. In case of any network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or receiving the Entry/ Answer and/or for any reasons whatsoever, SIPL reserves the right at its sole discretion to change the Contest mechanism for submitting the Entry/ Answer and /or cease from accepting Entry/ Answer of the Participant(s)/ Winner(s) during the Contest Period in any manner it deems fit and necessary. In addition SIPL shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Contest mechanism for submitting the Entry/ Answer including without limitation system failure in the mechanism of submitting the Entry due to any reason whatsoever including technical disruption/network failure/ any other difficulties of such nature due to which the Participant(s) is unable to participate or submit his/her Entry/ Answer as stated in these Terms and Conditions and /or informed on the Channel due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of SIPL.

11. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against SIPL, Channel, their employees, directors or its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind that may be suffered, including, without limitation due to any technical faults in the network and/ or connections or directly or indirectly due to or relating to their participation or non-participation in the Contest mechanism. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entry(s) will be disqualified.

12. The Winner(s) agrees to maintain complete confidentiality regarding their selection for the Prize and any matter relating thereto and shall not disclose any information pertaining to the Prize or the Contest which is disclosed to the Winner(s) and which is not available to public in general, to any person or media etc. without the consent of SIPL. In case the Winner(s) breaches this condition, he/she shall be liable to be disqualified/rejected and shall not be eligible for the Prize.

13. The Prize cannot be transferred, negotiated, refunded or exchanged for money by the Participant(s)/ Winner(s). For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Prize be recorded by SIPL or will be incorporated in the Program or will find a mention in the Program and/ or on the Channel.

14. SIPL shall not be responsible for any Entry(s)/Answer(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

15. SIPL reserves the right to forfeit the Prize in the event it is found by SIPL or it has a reason to believe that any information provided by the Winner(s) including Personal Information is wrong, incorrect, fraudulent or misleading. SIPL shall have the right to declare another Participant(s) (on a random basis on the criterion mentioned herein) as the Winner(s) of the Contest, at its sole discretion and transfer the Prize to such person. Such decision of SIPL shall be final and binding.

16. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of SIPL the Prize and/or the benefit in connection thereto becomes ineffective, invalid or unavailable (e.g. cancellation/postponement of the Contest), SIPL shall not be held responsible and/or liable for the same.

17. SIPL makes no representation and/or warranty regarding the Prize other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.

18. The Winner(s) shall be solely responsible to avail themselves of the Prize at the time of delivery. The Winner(s) agrees that he/she shall not hold SIPL and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize and/or any damage during transit or any problem in connection to the Prize.

19. The Winner(s) specifically agree and undertakes on behalf of himself/herself and his / her respective family members that he/she shall unconditionally make himself/herself and his / her family members accompanying him/her to watch the designated Prize distribution at the venue available from time to time and co-operate with SIPL and participate in any activity and/or campaign of any nature whatsoever ("Promotional Activity") without any consideration whatsoever payable to the Winner(s) for the same. The Winner on behalf of himself/herself and his / her respective family members allows, grants and permits SIPL or any party authorized by it to record (audio-video/audio or video), his /her and /or his / her family member’s appearances, participation, performance, acts, any interaction of the Winner(s) and /or his / her family members within themselves and /or with any celebrities, media or any third party or any representative of SIPL or any related series of sound recordings and video recordings which have been shot during the prize distribution ceremony at the venue and/or as part of the Promotional Activity on film, tape or digital or other electronic media and includes a recording of any personal questions or conversations relating to the personal lives of the Winner and /or his / her family members (“Footage”) and agree that the Footage may be used by SIPL as it deems fit anywhere in the world at any time now or in the future. The Winner agrees and acknowledges on behalf of himself and his / her family members that all rights in the Footage vests exclusively with SIPL worldwide in perpetuity and SIPL is entitled to exploit the same in any manner it may deem fit across any media or platform whether existing now or which may come into existence into the future. The Winner(s) further agrees and undertakes to execute on his / her behalf as well as on behalf of his / her family members, necessary documentations as may be required by SIPL in respect of the exploitation and use of such footages.

20. The Participant(s)/Winner(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring SIPL into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s)/Winner(s) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to the promotion of the Channel.

21. SIPL shall not be responsible if the Winner(s) is not available on the venue for the collection of Prize(s) and as a result of which, the Winner(s) loses his/her chance to the Prize and such decision of SIPL shall be final and binding.

22. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) have waived his/her right to raise any dispute with regard to the Contest, and /or the Prize in any manner whatsoever to the extent permissible under law.

23. For the sake of clarity, if the Winner(s) refuses to accept the Prize awarded upon physical delivery of the same, SIPL shall be released from all obligations towards the Winner(s) in connection with the Prize won by the Winner(s). Further, after forfeiting the Prize, SIPL shall be entitled to select and declare another Winner(s) (on a random basis on the criterion mentioned herein), as it deems fit, and award the Prize to that Winner(s) and such decision of SIPL shall be final and binding.

24. Further, SIPL shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner(s) is not traceable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which SIPL is unable to intimate the Winner(s).

25. Neither SIPL nor its employees have given a guarantee regarding the quality of the Prize and the Winner(s) agree not to hold SIPL and/or the Channel and its employees, responsible with regards thereof. It is clarified that SIPL and/ or Channel shall not be responsible for the brand, quality, value etc. in connection to the Prize and the supplier/ manufacturer shall be solely responsible for the same.

26. SIPL will not be responsible nor shall be held liable for any defects in the Prize, if any, and/or to supply any purchase receipt of the Prize or any other document in relation to the Prize. The Winner agrees that he/she shall not hold SIPL and/or the Channel and/or their employees responsible for delays or any problems in connection to the Prize.

27. Each Participant, in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, SIPL, or any of its channels, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/losses/ death/ mental or emotional trauma suffered by the Participant(s)/Winner(s), in any manner whatsoever in connection with the Contest, the Contest mechanism and/or the Prize won and/or the Channel and/or any material submitted forming part of the Entry/Answer and/or any Personal Information submitted by the Participant(s)/Winner(s) 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.

28. SIPL 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)/Winner(s) in any manner whatsoever, in relation to the Contest.

29. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify SIPL, 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 SIPL in connection with any act of the Participant(s)/Participant(s) Entry and/or the Contest including any third party rights claims with respect to the material submitted by the Participant(s).

30. Each Participant(s)/Winner(s) hereby acknowledges and agrees that the relationship between the Participant/Winner(s) and SIPL and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

31. The Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Prize 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 SIPL shall be at liberty and upon their sole discretion to terminate any such Prize and/or participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding.

32. 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 these Terms and Conditions, 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.

33. Participant/Winner acknowledges that Participant’s/Winner’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.

34. The Participant(s)/Winner(s) shall at all times comply with the laws of India.

35. 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 and/or Prize and/or the Contest shall be referred to a sole arbitrator appointed by SIPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Kochi (India), and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/Winner(s) who has raised the dispute.

36. Subject to the provision of 35 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 reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts of Kochi, India.

Imagine more
Id: 11499