Mylanchi Season 7
TERMS AND CONDITIONS
- The following terms and conditions govern the entire process for the participation in the reality television show (including auditions and other pre-telecast stages) tentatively titled “MYLANCHI SEASON 7” (“Show”) and shall be binding on each participant (“Participant”, “your” and/or “you”) (hereinafter referred to as “Territory”) who voluntarily desires to participate in the Show hosted by Star Asianet Middle East FZ LLC (“Company”) for the purpose of selection and participation of Participants in the Show to be aired on, inter alia, the Company and/or its affiliates’ network of channels including Asianet ME and/or any other channel as deemed fit by the Company (the “Channel(s)”).
“Participant(s)”: Means any natural person(s), aged above 18 (eighteen) years as on the Entry Cut-Off Date, , who is(are) not a citizen 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 Shows are or may be maintained by the U.S. Government).
“Production House” means the production house (if any) engaged by the Company for the production of the Show.
“Episode” means each episode of the Show, including any special episodes.
“Studio” means any location deemed fit by the Company for filming the Show.
“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.
“Works” shall mean and include any form of artistic works, works of authorship, performances and services made by the Participants or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of the Show and any other Intellectual Property created/generated by the Participants during the course of participation in the Show (including at the audition stage).
“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 in 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. Participation Mechanism:
The Company shall publish the call for participation in the Show on the Channel(s), on the Channel’s social media pages on Facebook (“Social Media Page”), and/or in any other manner as the Company may deem fit, at its sole discretion. The call for participation shall state the mechanism by which the Participant(s) can participate in the Show:
i. To apply to participate in the Show, the interested Participants can email their entries in the form and manner required by the Company, which shall include a video of the Participant(s) singing any Mappilappattu song (“Entry”). Each such video in an Entry shall have a minimum duration of 120 (one hundred twenty) seconds, along with the relevant Participant’s name, country of residence, contact number with country code and any such other information that the Company may require.
ii. All Entries must be emailed to firstname.lastname@example.org. The content or format of the Entries requested may be modified by the Company at any time and notified to the Participants. All Entries will need to be submitted on or before the date and time as may be communicated by the Company (“Entry Cut-Off Date”). For the avoidance of doubt, it is clarified that Entries submitted after the Entry Cut-Off Date will not be considered for the purposes of participation in the Show. However, the Company may, in its sole discretion, extend the Entry Cut-Off Date.
- These details of all Participants shall be viewed and evaluated by the representatives/judge(s) as may be appointed by the Company (“Panel”) on the overall basis of their Entries or any such other criteria determined by the Panel and/or Company at its sole discretion. In the event that a particular Participant has sent more than 1 (one) Entry, only the first Entry will be considered by the Panel. The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participants. Further, the decision of the Panel and/or Company in evaluating the Entries submitted by the Participants shall be final and binding on all Participants. The Participants shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law. The Panel will shortlist 15 Participants for further participation in the Show at its sole discretion.
- The Participants may be further required to undergo an interactive session with the Panel and/or representatives of the Company which would comprise of a personal interview with the Participant and/or their family members wherein the Participant and/or their family members shall be required to truthfully answer all personal and professional questions of any nature whatsoever posed by the aforementioned Panel. Any travel, accommodation and any other cost and expenses with respect to such interactive sessions or personal interviews of the Participants and/or their family members shall be borne by the Participants themselves and the Company shall not be liable and/or responsible for the same, at any time.
- The shortlisted Participants may then be required to perform in additional rounds of the Show and the finale event, at the date, time, place and schedule determined by the Company, at its sole discretion. The Panel shall then select, at their sole discretion, a Participant to be the winner of the Show (“Winner”) who shall be felicitated with a trophy or such other gratification that the Company may decide at its sole discretion (“Prize”).
- The Company and/or the Production House shall reach out to the Participants selected by the Panel for the Show and these Participants shall be required to do the following: (i) sign a release form and a separate document containing the terms and conditions for participating in the Show if so requested by the Company along with such other documents as required by the Company in its discretion, (ii) make themselves available for shoot for different phases of the Show at such dates, times and schedules, as determine by the Company and be informed by the Company, to the Participant, from time to time; (iv) be present at the Studio at the time and date communicated by the Company. The selected Participants must always be present at the Studio at the time and date communicated by the Company and/or Production House. Being absent at the Studio at a time and place communicated to the Participant may result in such Participant’s disqualification from the Show at the sole discretion of the Company.
- The Participant shall make a declaration as to the physical and mental fitness of the Participant to participate in the Show.
- All ancillary costs not expressly agreed to be paid by the Company and incurred by Participants shall be the sole responsibility of the Participant.
- All decisions of the Company shall be final and binding and shall not be subject to any appeal of any nature whatsoever.
- The Company reserves the right to withdraw the Show at any time for any reason whatsoever.
- It is clarified that Participant(s) who have previously participated or are currently participating in singing-based reality shows broadcast/telecast on any satellite channel, will need to mandatorily inform the Company about such participation prior to participating in this Show. The final decision whether to select such Participant(s) for the Show shall vest with the Company.
- The Participants acknowledge that they have voluntarily chosen to participate in the Show of their own free will and ae willing to bear all risks, costs including travel, boarding and lodging and consequences arising from such participation in the Show.
- The Participants shall not have any claim against the Company, Panel, Production House or other Participants for any reason whatsoever. The Company or vendors connected with the Show shall not be responsible for any such eventuality and the Participant(s) shall not be entitled to claim any compensation from the Company, Panel, Production House or other Participants.
- For the avoidance of doubt, it is clarified that the final selection of the Participants by the Panel/Company shall be final and binding on all the Participants. In the event of any fault, misunderstanding or dispute concerning any part of the selection process to qualify for the Show, the decision of the Company shall be final and binding.
- The Company will not be liable for any non-selection of a Participant due to technical faults in the video booth, mobile booths or internet.
- Only those persons who are able to sing in Malayalam and conversant in spoken Malayalam are eligible to participate in the Show.
- The Show is only open for Participants who are aged above 18 (eighteen) years on the Entry Cut-Off Date, and who are not 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 Shows are or may be maintained by the U.S. Government
- 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
- They will not bring the Company, the Company Entities and/or its Sponsors in disrepute.
- The Show is not open to employees of the Company, any related advertising agency or any other agency or third-party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and/or in the information(s) stated in the documents furnished by the Participants.
- In the event the Participant is found to be in violation of any applicable laws at any point of time during the Show, the Company reserves the right to disqualify the Participant immediately and their Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Show.
- The Participant represents to the Company that the Participant is free and competent to enter the Show; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Entry, the Works and any other materials that it may provide to the Company, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein.
- The Company excludes its liability to the Participants to the maximum extent permitted by law, including, without limitation, in relation to any injury, illness, infection, disease, sickness, death, emotional and/or mental trauma caused to the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Show and/or any aspect related to the selection process.
- The Participants acknowledge that a degree of fictionalization is inherent in the Show. Due to the aforesaid nature of the Show, there may be segments in the Show which may depict the Participants in an unfavorable manner. The Participants fully understand and agree to this aspect of the Show and shall not take any action (legal or otherwise) against the Panel, the Company, Production House, sponsors or any other Participant(s) in relation to this.
- The Company reserves the right to terminate/postpone the Show at any time without any prior intimation or notice to the public/Participants. The Company is not obligated in any manner whatsoever to compensate any person or persons who have participated in the shortlisting/selection process and/or accommodate any person or persons who have been shortlisted/selected.
- The Participants should not have been convicted under criminal laws and should not be disqualified under any applicable law from participating in the Show. The Participants must be in a physically, emotionally and mentally fit condition to participate in the Show. The Participants further confirm that they are medically fit to travel anywhere and anytime and that they do not suffer from any kind of ill health, disease, ailment(s) and medical problems that might render them incapable of participating in the Show or that may pose a health risk to the Panel, other Participants or any other representatives of the Company or Production House.
- The Participants may be required to furnish necessary supporting documentation in certified or original copy (i.e., birth certificate or passport) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participants at any stage of the Show.
- The Company also reserves the right to change the selection process of the Show and/or format of the Show (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Show, without any prior intimation to the Participants and/or the public.
- The Participants must submit their Entries voluntarily and only on their own behalf and any entry(ies) by proxy will not be accepted.
- In the event of any fault, misunderstanding or dispute concerning any part of the Show and/or the selection process to qualify for the Show, the decision of the Company shall be final and binding on each Participant.
- The Participants shall not, during their participation in the Show (including during the auditions), make any obscene gesture(s)/acts, or any defamatory statement of any event or any person alive or deceased, material, or anything of an advertising nature. All Participants shall ensure that their actions, Works and Entries does not contain any element which is: (a) immoral in nature; and/or (b) dangerous to life or prejudicial to the health, physical fitness and kind treatment of any person.
- The Participants shall not grant or publish any interviews, publish any information/details news articles, or issue any other kind of press or public release concerning their participation in the Show without the Company’s prior written consent in each instance.
- The Participants shall not do any act either directly or indirectly which may bring the Company and/or its affiliates, the Channel(s), the Panel, the Production House and/or the Show into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participants shall use their judgment in general demeanour and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Show.
- If the operation of the Show (including without limitation the operation of the telephone system, internet networks etc.); the recording; broadcast of any/all of the Episodes is prevented by an war, industrial action, satellite failure, flood or any Act of God, epidemic/pandemic or applicable law or any act beyond the reasonable control of the Company (“Force Majeure”) which continues for a period of 15 (fifteen ) days, then the Company may at its sole discretion cancel all or any part of the Shows and/or participation of Participants forthwith and such decision shall be final and binding on the Participants.
- Notwithstanding a Participant 's participation in the Show there is no obligation on the part of the Company to broadcast any Episode in which such Participant has taken part, or for any or all of their contribution to be recorded or used by the Company.
- The Participants specifically agree, allow, grant and permit the Company or any party authorized by it to record (audio-visual, audio or video footage) the participation process/performance, including the acts and performances, any interaction of the Participants with the Company, the Panel or fellow Participants or any representative of the Company, if any, of the Participant(s) captured during the Show or any part thereof or any related series of sound recordings and video recordings which have been shot during the Show on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participants (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Show. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.
- In consideration of being afforded an opportunity to participate in the Show, the Participants agree, represent and warrant 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 Participant 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 Participants hereby grant 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 Participant hereby agree that the Participant 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 Participant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual Property in and to the 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. The Participants waive off their moral rights (or any analogous rights granted under the Copyright Act (Cap. 63)) with respect to the Works/participation in the Show. Further, the Participants further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Works.
- The Participants agree and acknowledge that the Channel(s)/ Company shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Works in respect of the Participants’ Entry 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 or any ancillary event related to the Show).
- The Participants hereby allow the use of their face, image, biographical data, name, signature, voice, photographs, audio, videos and audio-visual clips of the Participants and the family/relatives/friends/colleagues of the Participants (collectively, the “Likeness”) to appear on and be used in connection with the promotion of the Show on and through all media, all means of exploitations, distribution including, but not limited to, the press, internet and television. The Company reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Show and/or Show elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Show or the Company or the Channel without notice to the Participant and without any further compensation to the Participant.
- The Participants acknowledge and understand that their participation in the Show is at their own risk. The Company shall not be responsible for the Participant’s safety and continued good health during the Show, nor shall they be required to obtain any insurance in relation to the same for the Participant other than as required by applicable law. The Participants acknowledge and understand that their participation in the Show is at their own risk.
- Certain information relating to the Production House, the Company, the Show, Channel, may be disclosed to the Participants by the Production House and/or the Company which is confidential and/or proprietary in nature, and includes data, the format of the Show, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/ the Company, as the case may be, and is valuable, special and unique to the business of Production House/ the Company, as the case may be. The Participants shall not discuss and/or disclose any information about the Show, the Channel, the Panel, performances of other participants in the Show with any third party; and also not disclose the names of the Participants eliminated in respective rounds of eliminations in the Show.
- The Participants shall always comply with the United States Foreign Corrupt Practices Act of 1977 and any amendments thereto (and any local or foreign equivalent, including the laws of the Territory), and the UK Bribery Act 2010. Further, the Participants shall also comply fully with all applicable sanctions and export control laws, including those of the United States, and those of the Territory.
- The Participants acknowledge that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the relevant 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.
- The Participants acknowledge that their representations, warranties, indemnities, grant of rights to the Company in the Entry and Works, and dispute resolution mechanism shall survive the efflux of time and the expiration of the applicability of these Terms and Conditions.
- Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of the Emirate of Dubai and the Federal laws of the United Arab Emirates.
- The Participants irrevocably agree that the Dubai courts shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms and Conditions, its subject matter or formation.