LUX-FRAGNANT & FAB CONTEST - TERMS AND CONDITIONS
The following terms and conditions (“Terms and Conditions”) shall govern the entire process for participation in the “Lux- Fragnant & Fab Contest” (“Contest”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) who voluntarily desires to participate in the Contest hosted by STAR ASIANET MIDDLE EAST FZ-LLC together with its affiliates, associates, agencies etc., as the case may be (collectively “Company”) and sets out, inter alia, the terms of Your participation in the Contest and selection of Winner of the Contest. The Contest is intended to promote the brand Lux (and specifically, the Shower Gel that it offers for woman).
The Contest shall be governed by the Contest Terms, and by entering the Contest, each Participant acknowledges that they have read, understood, and unconditionally agree to comply with and abide by these Contest Terms. It is clarified that Company’s decisions on all matters relating to the Contest shall be final and binding in all respects. You represent that Your participation in the Contest is on a voluntary and unsolicited basis. You further acknowledge that no goods or services have been offered to You as an inducement, or a prize, for participating in the Contest.
By participating in the Contest,
(i) You are authorizing the Company and its’ affiliates, group companies, sponsor, its’ affiliates and their employees, authorised representatives, agents, assigns (collectively “Company Entities”) to collect, use, store, transfer and disclosure of Your Data;
(ii) You acknowledge that Data is required to be collected by the Company Entities in relation to your participation in the Contest. Your refusal to provide Company Entities with certain information would entitle Company to disqualify you form participation in the Contest.
(iii) You are authorizing the Company Entities to contact You using automatic telephone dialling systems, automatic texting systems and artificial or pre-recorded messages, including without limitation interactive voice responses and hotlines. By participating in the Contest, You also represent that You are the owner or customary user of the Instagram profile and/or Facebook profile including mobile number/ email id from which You participated in the Contest.
(iv) WhatsApp, Instagram, Facebook and/or any communications partners and/or social media partners will have access inter alia to metadata relating to communications (including the Entry) sent by you to Company but may not be able to view the contents of such communications. The extent to which such partners can access the content of communications will vary. You should review the privacy policies of such third parties before participating. The Company is not responsible for the use of your Data by such parties.
(v) You hereby acknowledge and agree to all the foregoing.
The Contest shall commence from and shall conclude on the dates specified in the Contest promos (“Contest Period”). Any change in the Contest Period will be communicated by Company via the Channel, Social Media Pages and/or such other mode of communication that the Company may deem fit. For the avoidance of doubt, it is clarified that the Entries (as defined hereafter) must be submitted within the Contest Period. However, the Winner may be selected by Company and the Prize(s) may be made available after the end of the Contest Period in accordance with these Terms and Conditions.
You agree and acknowledge that You are not required to make any payments to Company for participating in the Contest. However, You understand and acknowledge that Your telecom service provider/ internet service provider may impose standard internet charges as per applicable rates as well as premium charges on you for visiting the website/ access of Social Media Pages for participating/ internet service provider may impose certain charges on You for use of their applicable services in relation to Your participation in the Contest, which shall be borne solely by You. Company recommends You check with Your service provider for schedule of charges that may apply.
(a) “Intellectual Property Rights” means any and all current or future intellectual property rights, including, without limitation, patents, trademarks, trade names and domain names, service marks, rights to inventions, copyright (including in relation to performances or performed works) and related rights, rights in logos and get-up, rights in goodwill, unfair competition rights, rights in designs (whether held in physical or electronic format or otherwise howsoever), database rights, privacy rights, trade secrets, know-how and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals, reversions or extensions of, such rights and similar or equivalent rights or forms of protection in any part of the world. The term “Intellectual Property” shall have the correlative meaning.
(b) “Works” shall mean and include the audio-visual footage/clips shot on the set of the Show with the Winner, any form of artistic works, works of authorship, performances and services by the Winner or compilation, data which is developed, created, discovered, invented, or otherwise brought into existence by the Winner during the course of the Contest and Show and any other Intellectual Property created/ generated by the Winner during the course of participation in the Contest and/or Interaction.
(c) “Exploitation/Exploit” shall mean the exploitation of the Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by the Company in its sole discretion and shall include incorporation of the Works including performances during the Interaction and on the sets of the Show or any audio visual recording or sound recording or as may be decided by the Company in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. Where applicable, the capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Copyright Act (Cap. 63) as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
(II) Participants’ Eligibility
To participate in the Contest the Participant(s) must comply with the below:
1. The Participant(s) must be individual residents of United Arab Emirates (UAE) (the “Territory”) and must submit valid proof of residence of the Territory and not be citizens of any sanctioned country (where sanctioned country means Belarus, Burma (Myanmar), Crimea, Cuba, Democratic Republic of Congo, Iran, Ivory Coast, Liberia, North Korea, Somalia, Sudan, Syria, Zimbabwe and any other country against whom the U.S. economic sanctions program are or may be maintained by the U.S. Government, as may be updated from time-to-time).
2. The Participant(s) represent and warrant that they are not on any Specially Designated Nationals and Blocked Persons list issued by the US Treasury Department’s Office of Foreign Assets Control; and
3. The Participant(s) must be aged 18 (eighteen) years or above and at minimum should have attained the age of majority in the Territory as on the start date of the Contest Period.
4. The Participant(s) should not be subject to any restriction or have an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible, as per the laws of the jurisdiction to which the Participant(s) is(are) subject, to enter into a contract.
5. The Contest is not open to the employees (permanent or contracted) and directors, including each of their immediate family members, of (i) the Company Entities; and (ii) Lux, including each of their parent, subsidiary and affiliated companies and/or entities connected with the promotion of the Contest; (iii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and/or entities connected with the promotion of the Contest (collectively, the “Sponsors”) if applicable.
6. The Company reserves the right to verify the eligibility of all Participants.
7. Non-conformance by the Participant(s) with any and all of the Contest Terms set out herein or as set by the Company from time to time will make such Participant’s participation in the Contest null and void.
(III) Participation Mechanism
1. During each week of the Contest Period, (1) one multiple-choice question (“Question”) in any of the subject matters as determined by the Company such as: (i) Lux unique selling point; (ii) Lux ingredients and skin benefits; and (iii) Lux and fragrances, shall appear on the Channel in the form of on-air promo and/or on Social Media Page in the form of social media posts, posted by Company. For the purpose of these Terms & Conditions, “Channel” shall mean the television channel branded as “Star Plus” or any other linear television channel that may be used by Company for the purposes contemplated hereunder; and “Social Media Page” shall mean Company’s official Facebook page and Instagram page currently branded as “Star Plus ME” or any other social media page/ handle that may be used by the Company for the purposes contemplated hereunder.
2. To enter the Contest, Participants must watch the Channel and/or follow the Social Media Page during the Contest Period and share the correct answer to the Questions during Contest Period from their Instagram and/or Facebook handle. For the sake of clarity, such Instagram and/or Facebook handle shall be a personal account of the Participant(s) and not the business and/or promotional and/or any other type of account. To send in the answers to the Questions, Participant(s) are required to direct message the correct answer on the Company’s official Instagram and/or Facebook handle (“Entry”).
3. Only the first Entry by a Participant for each Question shall be allowed and considered for the purpose of shortlisting. For the sake of clarity, if a Participant has submitted multiple Entries as answers to any one Question, only the first Entry shall be considered, and any subsequent Entry(ies) shall be considered null and void.
4. Any Entry should provide all required information requested from the Participant(s). If the same is not complied with, then the Entry will not be considered a valid entry for the Contest and the same will be disqualified. All information submitted by the Participant must be true, accurate and complete and are subject to the provision of proof(s) by the Participant, upon request by Company. It is clarified that Participants who have already provided the required information in a previous Entry shall be required to provide the required information again in every fresh Entry that they submit.
5. Participant(s) must enter the Contest on their own behalf only and Entry(ies) by proxies shall not be accepted.
6. The Entries received before the commencement and/or after the expiration of the Contest Period shall be void. The Company’s determination of the date and time of receipt of Entries shall be final and binding on all Participants. Any incomplete and/or illegible Entries will result in disqualification from participation in the Contest and the receipt of any Prize.
7. The Company shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, Company shall not be responsible for and/or liable in any manner whatsoever for (a) any act or omissions of any third-party service providers, including failure in receipt of/delivery of any messages, including without limitation Instagram downtime, Facebook downtime, network problems (including unclear network), breakdown of machinery, disruption in the network and/or the internet/network costs charged by the telecom/mobile/network operator/third party service provider. etc. that the Participant may incur while participating in the Contest (b) lost, invalid, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by the Participants or by any technical or human errors of any nature whatsoever that may occur in the processing of such Entries; and/or (b) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of entries, or for technical, network, computer, hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the internet or at any website, that results in an Entry not being received by Company. Any automated receipt of confirmation does not constitute proof of actual receipt of the Entry.
8. Only eligible Entries received from eligible Participants, during the Contest Period, will be considered for the Contest. Each Participant represents that the Entry is authentic and not fabricated for the purposes of the Contest.
9. The Participant(s) agrees that the Entry shall be free of any virus/trojans/spyware/malware or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intended to harm and/or provide unauthorized access to the recipient’s computer and the data therein.
10. Certain selected Participants will be eligible to receive the Prize (as defined below) in accordance with the Selection Process and Gratification section below.
(IV) Selection Process and Gratification
1. Company shall select one correct Entry received by Company against the Questions posted for all three Weeks, and such selected Participant with the correct Entry will be eligible to receive the Prize (“Winner”). The eligibility and process of selection of the Winner shall be determined by the Company at its sole discretion. The Winner for the Contest will be declared on the Channel and/or Social Media Page and/or any other communication means, as may be determined by the Company within ten (10) working days of the Contest Period and/or such other time as may be determined by the Company, at its sole discretion. Winner shall be required to fulfil all of the requirements set out in these Terms and Conditions including submitting of valid documents to the satisfaction of the Company. Upon determination of the Winner as per terms set out under this paragraph, the Winner will be contacted through a direct message on social media (Instagram and/or Facebook, as the case may be) from which the Winner had provided the correct answer as part of the Entry.
2. Winner who will be selected pursuant to the selection process may get a chance to: (a) visit the sets of one of the shows of the Channel (“Show”), as determined by the Company and at such date, time and location, as may be communicated by the Company to the Winner. The Winner may visit the set of the Show along with one other person of the Winner’s choice (“Companion”); (b) have a short interaction with such female lead artist of Show (“Artist”), as may be determined by the Company (“Interaction”); (c) win a Lux gift hamper (“Gift Hamper”), at Company’s sole discretion (collectively “Prize”).
3. Interaction and Gift Hamper: The time of the Interaction will be determined by the Company at its sole discretion. The Artist may before, during and/or after the time of interaction provide the Winner with a Gift Hamper. Company will have the right to record the entire footage of the Winner from the time he/she enters the set of the Show until he/she leaves the sets including without limitation entire Interaction between the Winner and the Artist, providing Gift Hamper, etc. (“Footage”)
4. Winner will be required to execute any and all legal documents as required by the Company to enable the acceptance and handover over of the Prize and share all the details requested by the Company, including but not limited to name, phone number, age, email id, travel plans, name, age, address, email ID, etc. of the Companion, within such time as may be communicated by the Company at its sole discretion. In case the Winner is unable to verify the eligibility details and/or fails to furnish any details required by the Company, the said Winner shall be disqualified from the Contest, at the sole discretion of the Company and shall not be eligible to receive a Prize. Winner further agrees and acknowledges that the Prize may be subject to additional terms and conditions as may be imposed by third-party providers, from time to time and the Winner agrees to adhere to such terms and conditions, without any recourse to the Company. To the maximum extent permissible by law, Company shall not be responsible for loss of any nature, and/or any physical injury and/or disability and/or disfigurement and/or mental trauma and/or death that may occur/occurs to any Participant, whose participation has been considered as invalid and/or not selected a winner. Notwithstanding anything to the contrary and to the maximum extent permissible by law, the Company Entities make no representation and warranties, whether express or implied, with respect to the Contest and/or Prize including in relation to the fitness or merchantability of the Prize and/or the Contest.
5. Company shall not be responsible if the Winner is not available at the contact details provided by them as part of the Entries and/or the information sought by Company after selection and as a result of which the Winner loses its chance to receive the Prize. Company shall make only one (1) attempt to reach the Winner. In case they do not revert within the timeline specified in Company’s communication to such Winner, the selection shall be invalidated, and Company shall not be liable to such Winner in any manner whatsoever.
6. For the avoidance of doubt, it is clarified that if the Winner’s selection is invalidated due to (i) their non-response to Company’s communication; (ii) their failure to execute any further documents as required by Company/ Sponsor to collect the Prize/ verify the eligibility details; or (iii) no correct Entry is received by Company for the Contest, Company shall have the right (but not the obligation) to select the next eligible Participant who has submitted a correct Entry as the Winner.
7. The Winner shall be required to be available as required by Company to share its entry that Company may specify from time to time (at Company’s sole discretion). Company shall not be liable to the Winner for any loss/ damage to their person or property caused/incurred during the Winner’s receipt of the Prize and the Winner shall keep Company indemnified for any loss suffered as a result of the same.
9. The Participant(s) shall ensure that their Entry is original, decent and is not illegal, immoral, obscene, defamatory, derogatory, abusive, offensive, insensitive, libellous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) also agrees and confirms that their Entry for the Contest is in compliance with all applicable laws of the Territory and agrees to keep the Company Entities indemnified from any claim thereto. Any non-compliance with this clause shall lead to the immediate disqualification of the Participant(s) concerned without any liability to the Company, Company Affiliates and/or the Sponsors.
10. If any Participant engages in any behaviour that Company in its sole discretion believes to be prejudicial to the spirit of the Contest, it will result in such Participant’s disqualification from the Contest and the receipt of any Prize. The aforementioned shall also apply to a Winner who has the chance to win the Prize and visit the set of the Show, as determined by the Company.
11. If the Winner is unable to or does not claim the Prize, within the timeline specified in this Terms and Conditions and/or any such timeline as may be communicated by Company to the Winner, for any reason whatsoever, he/she shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.
12. All decisions taken by Company shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed to mean that the Participant(s) has(ve) waived their right to dispute any decision(s) made by Company, to the maximum extent permissible by law.
13. Company reserves the right to change or withdraw the Prize at any time (a) if the selected Winner fails to comply with any of the Contest Terms and/or applicable laws; or (b) to remain in compliance with applicable laws.
14. To the maximum extent permissible under applicable laws, (a) the Company Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience, or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize; and (b) Participant hereby releases the Company, the Company Entities and the Sponsor from any and all liability arising out of any personal injuries, property loss or damage, and misuse of the Prize offered under this Contest, whether directly or indirectly, by reason of the acceptance, possession, or participation in the Contest including during shipping/collection of the Prize to the Winner (if applicable).
15. In case Participant(s) and/or Winner fails to produce any documents required by Company for the purpose of verification of compliance with these Terms and Conditions, such Participant(s) and/or Winner shall stand disqualified without any liability to Company.
16. The Prize is non-refundable, non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner and the Winner cannot exchange the Prize for a gift of equivalent value and/or liquidate the Prize in the form of cash, monies or any other nature of interests. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person(s).
(V) CONSENT FOR PROCURING PERSONAL INFORMATION
a) Your Personal Information (including but not limited to your name, age, username, location/city, email ID, phone number and address) may be collected by any or all of the Company Entities pursuant to the Contest Terms, in connection with the Contest. You hereby also agree that it may be/become necessary for Company Entities to collect the Personal Information in connection with Your participation in the Contest and for the uses set out below. Your refusal to provide Company with certain information would entitle Company to disqualify You from participation in the Contest.
b) Your Personal Information will be used, collected, disclosed, transferred, retained by Company only for the Contest, including for the purposes of administration of the Contest and for promotional/gratification purposes around the Contest and for no other purpose.
c) Your Personal Information may be used for purposes in connection with and related to the Contest including in relation to Your participation in the contest and administering the Contest. Your Personal Information may be used by Company Entities in various formats and media, including television, digital, social media, and print for marketing and promotional activities in respect of the Contest.
d) Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request Company to amend the Personal Information, to the extent deemed feasible by Company; and (ii) withdraw the consent provided hereunder. Provided that Company Entities shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, Company shall be entitled to disqualify your Entry and/or participation in the Contest, as deemed fit and necessary by Company at its sole discretion.
e) All your Personal Information is true, correct and complete in all respects, and in no circumstances will Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.
f) Company has provided you with the option to opt out of providing your Personal Information.
g) You agree and acknowledge that such Company may be shared by Company Entities with law enforcement agencies and/or other applicable authorities for compliance with legal obligations.
h) You hereby agree to abide by the Contest Terms.
(VI) ADDITIONAL TERMS
1. The Winner shall also be required to comply with additional requirements as may be published, displayed and/or communicated by Company, from time to time.
2. Company reserves all rights to make amendments to the existing Contest Terms including without limitation changes in the rules and structure, any element of the Content, the number of winners, nature of the Prize, dates and timelines for the Contest etc., or to reschedule, cancel, terminate or withdraw the Contest upon giving prior notice. Any such change will be updated on and the Social Media Pages. It shall be the sole responsibility of the Participant(s) to check any revisions to the Contest Terms on the Social Media Pages.
3. Nothing contained herein or otherwise imposes an obligation on Company to run the Contest, declare winners and/or distribute the Prize. Further, Company reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.
4. In the event that Company is of the opinion none of the Participants are eligible to be selected as a Winner, then Company may exercise its discretion not to select any Winner.
5. The Participants and/or Winner will, at all times, engage in conduct with due regard to social conventions and public morals and will not commit any act which could bring the Company Entities into public disrepute or reflect unfavourably on any such parties.
6. The Participant(s) and/or the Winner hereby acknowledge and agree that the relationship between the Participant(s) and/or the Winner and Company is not a confidential, fiduciary, or other special relationship. Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and Company.
7. The Participant(s) and/or the Winner hereby agree to be bound by the Contest Terms and/or by any subsequent revisions of the Contest Terms (“Revised Terms”). Company reserves the right to amend, add and/or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Contest Terms.
8. All Entries shall become the property of Company and/or the Company Entities. By entering the Contest, the Participant(s) and/or the Winner grant the Company and Company Entities unlimited use of their names, social media handles, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.
9. For the sake of clarity, all rights, title and interest in Entry shall vest with Company and may be utilized by Company at a later point in time, at its sole discretion. The Participant(s) and/or the Winner hereby irrevocably, perpetually and for the entire world, assign all rights, title and interest including rights in any intellectual property vested in the Entry to Company including but not limited to the right to make any derivatives, adaptation, rights in any form of exploitation etc.
10. Except as expressly provided herein, all ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges, expenses, taxes, costs, etc. are the sole responsibility of the selected Winner.
11. In consideration of mutual covenants and promises between the Winner and the Company, the Winner agrees, represents, and warrants that all Intellectual Property Rights in and to the Works shall remain the exclusive property of the Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property Rights or any rights, title and interest in the Works, do not vest with the Company, by operation of law, the Winner on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property Rights vested in the Works 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 Works in relation to future medium or mode of exploitation of the Works is not held valid by operation of law, notwithstanding the assignment of such rights in favour of the Company, the Winner hereby grants an irrevocable, exclusive, sub-licensable, perpetual license to the Company for such future medium or mode of exploitation of the Intellectual Property Rights in and to the Works as may be developed in the future, for the entire world. Notwithstanding the above, the Winner hereby agrees that the Winner shall not assign or in any other manner transfer rights including the Intellectual Property Rights in and to the Works for such means and modes of exploitation of the Works 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 the Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property Rights in and to the Works for the entire world and perpetuity to the Company. The Winner agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and means of exploitation of the Intellectual Property in and to the Works to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, the Company may Exploit the rights including the Intellectual Property Rights in and to the Works at any time it chooses, it is expressly agreed by the Participant(s) that the rights granted hereunder shall not be subject to any reversion, including for purposes of non-exploitation of the Footage/ Works for a period of one (1) year from the date of its creation. Winner agrees and acknowledges that the grant of rights herein or the use of the Works by the Company does not entitle the Winner to receive any prize, gratification, compensation, monetary or otherwise from Company under any circumstances whatsoever.
12. The Winner agrees and acknowledges that the Company shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Works in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Show).
13. Company reserves all control with respect of the utilization and exploitation of the Footage/ Works. The Winner hereby perpetually, irrevocably, and throughout the universe waives to the maximum extent permitted under law (a) all so-called “moral rights” or “droit moral” rights and any similar or analogous rights; and (b) any right to royalties or other compensation arising from or related to the use of the Footage/ Works; (c) any right of action against Company and/or any other party arising from or based upon any use or Exploitation of the Footage/ Works; (d) any and all the right to restrain/ attempt to restrain or seek any injunctive relief against Company, its assignees/exhibitors in relation to the distribution, promotion, advertisement or exploitation of the Footage, and/or Works and/or Show. The Company are not obligated to broadcast, exploit, distribute, utilise the Footage/ Works, or parts thereof in any manner whatsoever. To the fullest extent permitted by applicable law, the Winner hereby waives all claims against Company, and any of its assignees/exhibitors in relation to the distribution, promotion, advertisement, or exploitation of the Footage, and/or Works, and/or Contest, and/or Show for any indirect, special, incidental, punitive, and consequential damages in relation to the foregoing.
14. By providing any Personal Information to Company and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to Company. If a Participant does not wish to have their information and/or likeness viewed by or disclosed to others, they should not enter the Contest.
15. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringe any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,
16. The Company Entities will not be liable to You for delay or failure to perform its obligations set out hereunder caused by an event of natural disaster, acts of God, riots, terrorism, or such other event that is beyond the reasonable control of the party (“Force Majeure Event”). The Winner agrees that if due to any reason, whatsoever, beyond the control of the Company Entities the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, the Company Entities cannot be held responsible and/or liable for the same.
17. Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, illness, infection, death, or mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prizes.
18. If any provision of these Terms and Conditions are unenforceable or invalid under applicable laws, the said provision shall be modified to the extent necessary, and in any event, the remaining provisions will continue to be valid and enforceable.
19. The Winner shall do any and all acts and execute any and all documents in such manner as may be required by Company in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Company failing which their selection shall be forfeited.
20. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless and keep indemnified, Company, the Company Entities and the Sponsors (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) wilful misconduct or negligent acts or omissions; and/or (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner during the Contest and/or enjoyment of the Prize. Under no circumstances will the Company and/or Company Entities and/or the Sponsors be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Further, Company shall under no circumstances be liable to any third-party platform, including any social media platforms for any reason whatsoever.
21. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner have waived their right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of Company, in any manner whatsoever, to the maximum extent permissible by applicable law.
22. The Contest shall be governed by and construed in accordance with the applicable laws of the United Arab Emirates. All matters with respect to the Contest are subject to the exclusive jurisdiction of the courts at Dubai.
23. To the fullest extent permitted by law, Company including its affiliates, and each of their respective officers, directors, employees, third-party service providers, and agents disclaim all warranties, express or implied, in connection with the Contest. Company makes no warranties or representations about the accuracy or completeness of content advertised by the Sponsors or the content of any websites linked to Company and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on Company, (ii) personal injury or property damage, of any nature whatsoever, resulting from the Participant’s participation in the Contest; and/or (iii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available by Company, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Participant is advised of the possibility of such damages. The foregoing shall apply to the fullest extent permitted by law in the applicable jurisdiction.
24. Limitations of Liability: By entering the contest, each Participant (which shall include the 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 the Company and/or the Company 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. The Participant’s participation in the Contest shall be at the Participant’s sole risk. The Participant acknowledges that the representations and warranties, indemnities, limitation of liability, governing law, dispute resolution, warranty disclaimer shall survive the efflux of time.
25. Any complaints and/or questions in relation to the Contest and/or these Contest Terms should be sent to Company in writing and in English and to be sent to :
Star Asianet Middle East FZ LLC
Attn: Marketing Lead ME & Intl.
Arjaan Rotana Office Tower, 7th Floor (706)
P.O. Box 502197,
Dubai Media City, Dubai Technology,
Electric Commerce and Media Free Zone,
Dubai, United Arab Emirates
With a copy to:
Attn: Head of Legal
Star House, Urmi Estate,
95 Ganpatrao Kadam Marg,
Lower Parel (W),