"MyBiggBossEye” Contest
Terms & 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 ‘ MyBiggBossEye” (‘Contest ’) which will be hosted by Asianet Star Communications Pvt Ltd. (“ASCPL / STAR/ Company ”) on the Vijay TV Twitter profile, i.e @ https://twitter.com/vijaytelevision (“VIJAY TV Twitter Handle”) on Twitter, Vijay TV Instagram profile i.e @ - https://www.instagram.com/vijaytelevision/ (“VIJAY TV Instagram Handle”) on Instagram and on the Vijay TV Facebook page on Facebook, i.e https://www.facebook.com/VijayTelevision/ _(“Vijay TV Facebook Page”) (collectively referred as “Platforms”) as a part of the promotion and viewer engagement of the upcoming season of the non fiction show titled “ Big Boss -4” (“Program”) on the Tamil GEC channels owned and operated by the Company (“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 ASCPL for all matters relating to the Contest shall be final and binding in all respects.
ASCPL 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 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.
To participate in the Contest, the Participant may be required to disclose his/ her personal information to ASCPL from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). ASCPL is committed to protecting the privacy and the confidentiality of the Personal Information received. ASCPL 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 ASCPL available at http://www.startv.com/legal-terms-policies/#contest-tandc (‘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 ASCPL 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 ASCPL (if any).
PRINCIPAL RULES
(I) ASCPL shall announce and market the Contest on its social media platforms/pages of ASCPL on Facebook, Twitter and Instagram from 2 nd September onwards .
(II) Participant ’ Eligibility:
(a) The Contest is open only to persons who are the citizens and residents of India and shall be of 18 years of age and above. The Participant must have a valid and existing Facebook profile and /or Instagram profile / account and /or Twitter account during the Contest Period.
(b) Permanent and/or contract employees and directors of ASCPL its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “STAR Entities”) and each of their immediate family members are not eligible to enter the Contest.It shall be the sole responsibility of the Participant(s) to familiarize themselves with the Terms & Conditions of the Contest from time to time. ASCPL reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participants (ii) make amendments to the existing Terms & Conditions or Contest Period or withdraw, change, alter, amend the Terms and Conditions (iii) extend or curtail the Contest 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. You further understand and acknowledge that you shall be solely responsible to visit the Website from time to time in order to be informed of any updates in the Terms and Conditions and abide by the same without any recourse to ASCPLfor any reason whatsoever.
(III) Contest Procedure:
a. The Contest shall start on September 2,2020_at 6 PM IST and end on September 30,2020_at 11.59_PM IST (“Contest Period/Period ”).
b. To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period:
· log into either or all three of the Platforms using his/her Twitter/Instagram / Facebook account/credentials and click on the relevant page/tab of the Contest on the respective Platforms or in any other manner or form as may be prescribed /requested on the Platform.
· Follow the Vijay TV Twitter Handle and/or VIJAY TV Instagram Handle and /or VIJAY TV Facebook Page on the respective Platforms.
· Allow full access to the Facebook, Twitter and Instagram handles of the Channel to the respective Participant’s profile.
· The Participants shall then upload their Videos(as defined below) through their respective
- Video Upload Functionality :
i. The Participant(s) shall record a video in format and as per the timelines as prescribed by the respective Platform featuring an artistic work in any form including but not limited to a drawing , painting , carving , sculpture, wood work etc which has been conceptualised , developed ,created and finished by him /her independently based on his /her creative interpretation of the “Big Boss Eye” forming part of the logo of the Program (“Video”). For avoidance of doubt it is clarified that for the purpose of participating in this Contest , the aforementioned artistic work has to be original , unique and based on the Participants creative interpretation of the Big Boss Eye and cannot be a “AS IS” replication of the existing Bigg Boss Eye. Any Video featuring an AS IS replication of the Bigg Boss Eye, will be disqualified automatically from participating further in the Contest.
ii. It may be clarified that Videos uploaded in any other format other than that prescribed or having an unclear audio or video will be deemed invalid and will be disqualified.
iii. The Videos shall be uploaded on the respective Platforms in the following manner and shall at all times be in accordance with the Terms of Use/User Conditions of the respective Platforms:
- Twitter – The Participant shall upload the Video on Twitter through his / her handle / account using the hashtag #MyBiggBossEye by tagging @vijaytelevision;
- Instagram - The Participant shall upload the Video on Instagram through his / her handle / account using the hashtag # MyBiggBossEye by tagging @vijaytelevision;
- Facebook - The Participant shall upload the Video on Facebook through his / her handle / account using the hashtag # MyBiggBossEye by tagging @vijaytelevision;
iv. The Video shall be uploaded by the Participant afresh on the respective Platforms and not through any third party links or applications.;
v. Once the video is uploaded by the Participant, it shall appear on the home page/news feed of the respective Platforms of the Participants, failing which the Participant shall not have deemed to submit a valid Video for the purpose of the Contest. For purposes of the Contest, “receipt” of Video or Entry (as defined below) occurs only when the Platform(s) website server records receipt of the Video upon the entrant clicking “Submit/Post/Upload” button and the Video appears on the homepage /news feed of the respective Platform. It may be clarified that ASCPL shall not separately notify any Participant in respect of acceptance/due submission of the Video(s) uploaded.
vi. (i) Logging onto the Platform in the manner as stated hereinabove (ii) mandatorily having a valid Twitter/Instagram account (iii) being a resident of India aged eighteen (18) years or above during the Period of the Contest (iv) uploading the Video on the respective Platform(s) with the requisite hashtag #MyBigBossEye and tagging@@vijaytelevision on the respective Platforms in the manner as set out herein, shall be considered as a complete and valid entry (“ ENTRY”). For avoidance of doubt it is clarified that for the purposes of this Contest , Entry shall deemed to include the Video as well as the artwork created by him and her and forming part of the Video . For the avoidance of doubt, if the Participant(s) uploads the Video on the Platforms without the pre- decided hash tag or if the Participant does not have a valid Twitter or Instagram or Fcaebook account or is not resident of India or is a minor, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible to be shortlisted for the Prize (as defined below). The Participant(s) agrees and acknowledges that by submitting the Entry and /or Video the Participant(s) is representing that the Entry(s) and /or Video or contents thereof are not confidential or comprise any sensitive personal information.
vii. A Participant shall be allowed to upload same Video on all the Platforms. All such Videos uploaded will be considered as three separate Entries. However, each Participant can upload only one (1) Video on a particular Platform. If a Participant uploads multiple Videos on a particular Platform, only the first video uploaded by the Participant on such Platfrom shall be considered as the Entry submitted by the Participant for the purpose of the Contest.
viii. A Participant is allowed to upload Videos only through his/her single Twitter/Instagram/ Facebook account;
ix. Only Entries submitted on or before September 30, 2020_shall be considered for the purpose of the Contest;
· The Participant by uploading and /or submitting his Video(s) on the respective Platforms, agrees and undertakes to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Facebook, Twitter, Inc. and Instagram, LLC and acknowledge that such Platforms reserve the sole and exclusive right to make amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same and abiding by the same without any recourse to ASCPL for any reason whatsoever. The Participant hereby agrees that any dispute arising between the Participant and any of the Platforms shall be resolved directly between such parties without any reference or recourse to ASCPL. The Participant will be solely responsible for complying with the terms stipulated by Facebook, Twitter, Inc. and Instagram, LLC, and shall not at any time hold ASCPL responsible for any inability on the part of the Participant to submit/ upload the Video(s) by reason of any restrictive terms imposed by such Platforms and/or on account of the Participant’s failure to comply with the terms imposed by the Platforms.
· The Participant hereby represents, covenants and declares that (i) the Video and the artwork forming part of the Video is original, unique and is created solely by the Participant based on his creative interpretation of the Big Boss Eye (ii) the Video and the artwork forming part of the Video does not and will not constitute any infringement of copyright or any right of privacy or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurts the religious sentiments of people worldwide or be defamatory of any person deceased or alive, or blasphemous in its content (iii) that he/she fully owns and controls all rights and interests including all intellectual property rights in the Video(s) and the artwork forming part of the Video and that no other person or party has right or interest in the Video and the artwork forming part of the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever, (iv) the Video(s) and the artwork forming part of the Video shall not expose ASCPL to civil and/or criminal proceedings and /or claims of any nature whatsoever (v) the Video(s) and the artwork forming part of the Video are not subject to any lien, charge, or any other encumbrance whatsoever (vi) the Participant has not granted any rights in the Video(s) and the artwork forming part of the Video to the prejudice of any rights granted to ASCPL hereunder (vii) the Video(s) and the artwork forming part of the Video is not violative of or in contravention of any applicable laws (viii) all necessary licenses and permissions required for the utilization of the Video(s) and the artwork forming part of the Video by ASCPL for the purpose of the Contest have been secured by the Participant in accordance with the existing Terms and Conditions and applicable laws without any recourse to ASCPL. In the event the publishing of the Video(s) is assessed to be prohibited in any manner and /or considered to be inappropriate due to moral, political or religious reasons or any reason whatsoever, the respective Platforms and/or ASCPL shall have the right to at their discretion to edit/ remove/cut the contentious portion and re-publish such Video(s) or reject the Video(s) altogether, and the Participant agrees not to object to the same. The Participant(s) must ensure that no false and/or misleading statements are made by him/her and that he/she does not refer to any commercial product and/or service in the Video and the artwork forming part of the Video.
· The Participant agrees and undertakes that the Video and the artwork forming part of the Video submitted by him/her for the purpose of the Contest is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.
· ASCPL 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/Video 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, Video(s) not in the required format as prescribed herein or which consist of content which is offensive or abusive or blasphemous or copied will be considered invalid, shall be considered null and void and will be disqualified from participating in the Contest.
· The Participant(s) agrees and consents to the use of ASCPL of the Video including the artwork forming part of the Video as irrevocable part of the Entry on the respective Platforms, any other social media page of ASCPL or any other format / media as ASCPL may deem fit for the purpose of promotion of the Contest. Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby assigns in favour of ASCPL a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, on an outright basis ,all Intellectual Property vested in the in the Entries including the Videos and the artwork forming part of the Video forming part of it, to Exploit the Videos and the artwork forming part of the Video in any manner deemed fit by ASCPL at its discretion including but not limited to any other social media platform page of ASCPL, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Contest, as deemed fit by ASCPL. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s)/Winner(s) waives off his “Moral Rights” with respect to the Video and the artwork forming part of the Video or any part thereof as required. The Participant agrees and authorizes ASCPL to digitally modify, edit, truncate, the Video uploaded and submitted by the Participant(s) in any manner whatsoever. The Participant(s)/ Winner(s) undertake not to create any lien, charge, or other encumbrance, on the Entry and /or Video at any time without the prior written consent of ASCPL. The Participant agrees that ASCPL shall be entitled to exploit the Video and /or Entry including the modified videos in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Video in any manner deemed fit by ASCPL in its sole discretion. It is agreed that all rights, title, and interest in the Video including rights in any form of intellectual property and rights in any form of exploitation will be owned by ASCPL throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Video and /or Entry and /or modified video by ASCPL or any third party authorized by ASCPL, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
For the purposes of this Contest, “Exploitation” shall mean shall mean the exploitation of the Materials 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 Materials, either in whole or in part, in any form/format or language, as may be decided by ASCPL in its sole discretion and shall include incorporation of the Materials including performances in the Video(s) or any audio visual recording or sound recording or as may be decided by ASCPL in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, 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 Materials 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. 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 Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
IV) Gratification :At the end of the Period on the basis of the Participant(s) having made a valid Entry, all the Video(s) uploaded on the Platforms and fulfilling the criteria set out herein shall be collectively viewed and rated by a panel comprising of the representatives of ASCPL as determined by ASCPL in its sole discretion. This panel shall rate the Video(s) on the basis of the originality , uniqueness, creativity and /or any such other criteria as may be solely determined by ASCPL/Channel at its sole discretion and accordingly shortlist Participants.
· Out of these shortlisted Participants, ASCPL shall, based on the criterion mentioned hereinabove at its sole discretion, shortlist the top five (5) Videos uploaded (“Top 5”). The Participants by whom Top 5 Videos are uploaded shall be collectively referred as the “Winners”. The Winners shall be announced by ASCPL on or before 30th September, who will be entitled to have their Videos along with their artwork forming part of the Videos and their Platform profile picture published and /or Exploited by ASCPL across all its channels / platforms / social media in any manner as deemed fit by it at its discretion (“Gratification/ Prize ”) .
· there is no other gratification on the Channel or any other platform owned by ASCPL and /or its affiliates in any manner as deemed fit by ASCPL at its sole discretion’. Participant(s)/Winner(s) agree that the Gratification is the only prize for the Contest and no monetary prize will be awarded to the Winner(s). For avoidance of doubt it is clarified that ASCPL’s decision in regard to the selection and declaration of the Participant(s) and/or Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are Participant(s) and subsequently declared as Winner(s) based on the criterion mentioned hereinabove, by ASCPL at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Participant(s)/Winner(s) 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
a. ASCPL reserves the right to announce the name of the Participant(s) and/or the Winner(s) either on-air on theie digital / social media pages e and/or on the Channel.
b. All decisions of ASCPLshall not be subject to any appeal of any nature whatsoever. Participation in the Contest shall be construed to mean that the Participant(s)/Winner has waived his/her right to dispute any decision(s) made by ASCPLin relation to the Contest and/or Gratification, to the extent applicable under law.
c. The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Participant(s)/Winner(s) agrees and undertakes that no cash equivalent or alternative prize will be given to the Participant(s)/Winner(s) and the Participant(s)/Winner(s) cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Participant(s)/Winner(s) and the Participant(s)/Winner(s) cannot transfer the Gratification to any other person.
d. The Participant(s)/Winner(s) shall not in any circumstances make any claims against the ASCPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the winner’s participation in the Contest or any related activity, to the extent permitted under law. If the Participant(s)/Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry / Video will stand disqualified and such decision shall be final and binding..
e. If ASCPL so elects, the Participant(s)/Winner(s) will be required to submit to a confidential background check to confirm eligibility and help ensure that the Participant(s)/Winner(s) will not bring ASCPL Entities into public disrepute, contempt, scandal or ridicule or reflect unfavourably on ASCPL as determined in their sole discretion.
f. ASCPL shall in no manner whatsoever be responsible for security of Participant(s)’s/ Pparticipant(s)’/Winner(s)’ Video including the artwork and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.
g. Limitations of liability: by entering the contest, each participant 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 gratification 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 ASCPL and/or ASCPL 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. In any case ASCPL’s entire liability under this terms and conditions shall not exceed the total monetary value of the gratification .
h. ASCPL shall select and announce the Winners in the following manner:
i. ASCPL shall announce the Winners only on the respective Platform(s);
ii. For this purpose, ASCPL shall either (i) tag the respective Winner on the Platform(s) or (ii) drop in a personal text on such Platform(s);
iii. The final selection of the Winner(s) shall be made by ASCPL and shall be final and binding on the entire Participant (s)/Winners and in no event shall the Participant (s)/Winner(s) dispute the decision made by ASCPL or its employees in connection to the Entry and /or the Contest and/or the Prize. 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, and/or delivery of the Prize, the decision of ASCPL shall be final and binding.
iv. The Participants/Winner(s) shall not in any circumstances make any claims against ASCPL 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 is found to be ineligible, or if he or she has not complied with any of the TERMS AND CONDITIONS the corresponding Entries will be disqualified.
v. The Participants/Winner(s) shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the on which this Contest is hosted.
vi. The Winners shall thereinafter be irrevocably bound to submit to ASCPL attested copies /documents evidencing /providing proof of their age and address (as requested) on or before 30th September at the address as intimated by ASCPL. In the event, either of the Winners is unable to provide the necessary documents as requested by ASCPL within twenty four (24) hours of being intimated, for any reason whatsoever, then ASCPL reserves the right to replace that Winner with a subsequent Participant selected, who has made a valid Entry and who is selected by ASCPL based on criterion mentioned hereinabove at its sole discretion on a random basis. It is clarified that such decision of ASCPL and/or Channel shall be final and binding on all Participants including the Winner(s) and Winners (s) undertake to not dispute the same.
vii. By entering the Contest, each Participant(s)/Winner (s) 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 and/or 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 ASCPL and/or ASCPL 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.
V. ASCPL 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 ASCPL from time to time. ASCPL reserves the absolute right and discretion to reject any “Entry/Video” or any part thereof at any stage of the Contest, including after declaring the Winner(s) if ASCPL:
a. receives any notice or complaint relating to the Entry/ Video not being compliant of the Rules and Regulations including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;
b. Participant further agrees and undertakes that he /she shall not upload, or submit any video that:
· belongs to another person and to which the Participant does not have any right to;
· is grossly harmful, harassing, blasphemous, pornographic, pedophilic, 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;
· 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 Video or communicates any information which is grossly offensive or menacing in nature;
· impersonates another person;
· contains software viruses, Trojans, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, including harming recipient’s computers/system/servers etc.;
· 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 cognisable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant agrees that ASCPL has the right to remove any such material/Entry which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.
The decision of ASCPL in this regard shall be final and binding upon the Participant(s)/Winner(s).
VI. By participating in the Contest, it is construed that the Participant(s)/Winner(s) has read and understood these Principle Rules including the General Rules stated below and has agreed to abide by the same.
VII. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Participant (s) and in no manner whatsoever shall the Channel/ ASCPL, be responsible for the same.
VIII. Irrespective of whether the Participants have been disqualified and /or their Videos have not been shortlisted by the jury of ASCPL, ASCPL shall continue to have the right to Exploit and /or publish the Videos submitted by the Participants on any platforms owned by ASCPL worldwide in perpetuity.
GENERAL RULES
1. The Participant(s) interested in participating in the Contest must be above the age of 18 years and residing in India during the Contest Period and at the date of the Gratification. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Contest.
2. Proof of age, if requested, of the Participant(s)/(s)/Winner(s) and/or the family members of the Winner must be submitted to ASCPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).
3. ASCPL reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Contest on the Website .
4. Non-conformance by the Participant(s)/Winner(s) to any and all the Terms and Conditions herein or as set by ASCPL from time to time will make such Participant’s/ Participant(s)/Winner(s) Post null and void.
5. ASCPL reserves the right to disqualify any Participant(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 ASCPL from time to time. The decision of ASCPL in this regard shall be final and binding upon the Participant(s).
6. By participating it is deemed that the Participant(s) have read, understood, accepted and agree to abide with all the Terms and Conditions of the Contest.
7. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the Terms and Conditions the decision of ASCPL shall be final in this regard.
8. The Winner(s) agree that he/she shall not hold ASCPL and/or its employees, responsible for delays or any problem in connection to the Gratification.
9. The Participant(s)/Winner(s) agrees that if due to any reason, whatsoever, beyond the control of ASCPL the Gratification and/or anything in connection to the Gratification and/or the enjoyment of the Gratification becomes ineffective or invalid, ASCPL cannot be held responsible and/or liable for the same.
10. ASCPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Participant(s)/Winner(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Gratification.
11. ASCPL reserves the right to forfeit the Gratification in the event it is found by ASCPL that any information provided by the Participant(s) and/or the Participant(s)/Winner(s) is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Participant(s)/Winner(s). In this contingency ASCPL shall have the right to declare another eligible Participant(s) who qualifies as per the criteria stated above, as the Winner of the Contest and transfer the Gratification to that person.
12. The Participant(s)/Winner(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by ASCPL in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to ASCPL.
13. The Participant(s)/ Winner(s) acknowledges that in case the performance of this Contest and/or availing the Gratification 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 5 days, then ASCPL shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/ Winner(s) forthwith and such decision shall be final and binding.
14. The Participant(s) /Winner(s) shall not in any circumstances make any claims against ASCPL 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 (directly or indirectly), to the Participant(s) and/or the Participant(s)/Winner(s) participation or non-participation in the Contest or any related activity. If the Participant(s) and/or the Participant(s)/Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.
15. The Participant(s) and/or the Participant(s)/Winner(s) shall hold harmless and indemnify ASCPL, 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(s) and/or the Winner(s) and or their family members/friend’s invited by the Winner(s) in any manner whatsoever in connection with the Contest and/or the Gratification and also to the extent possible 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.
16. The Participant(s)/Winner(s) shall hold harmless and indemnify ASCPL, 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 ASCPL in connection with any act of the Participant(s)/Winner(s) and/or the Contest and/or Post including the photograph, text in the Post and/or any third party rights claims with respect to the material submitted by the Participant(s/Winner(s).
17. The Winner(s) of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with ASCPL and participate in any activity and/or campaign (“ Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Participant(s)/Winner(s) gives his/her consent to ASCPL and/or any other agency on behalf of ASCPL to make the footage of the participation in the Promotional Activity The Participant(s)/Winner(s) in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Participant(s)/Winner(s) shall vest with ASCPL, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and ASCPL may exploit the same in any manner and in any media whatsoever at any time throughout the world..
18. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/ /Winner(s) and ASCPL and its affiliated companies is not a confidential, fiduciary, or any other special relationship.
19. 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 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.
20. The Participant(s)/ Winner(s) agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Contest, the Gratification and/or any other aspect related to the Contest.
21. Participant acknowledges that Participant’s representations, warranties, confidentiality, indemnities, grant of rights in the Post, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
22. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or the Gratification shall be referred to a sole arbitrator appointed by ASCPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.
23. In case of any dispute or other matter arising in reference to the Contest and/or the Gratification, subject to the provision of Clause 22 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 relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Chennai , India.
