Neengalum Aagalaam Comali Contest
RULES AND REGULATIONS
The following Principal and General rules are the rules and regulations (“Rules and Regulations”) which shall be binding on each and every participant (“Participant” or “You” or “Your” or “Participants”) who voluntarily agree to participate in the “Neengalum Aagalaam Comali Instagram Reels” contest (“Contest”) which will be hosted by Asianet Star Communications Private Limited (“STAR”) on @vijaytelevision. (“Vijay TV Instagram Handle/STAR Instagram Handle”) on Instagram (referred as “Platform”) as a part of the promotion and viewer engagement of the program “Cook with Comali” (“Program”) on Star Maa Music channel (“Channel”).
STAR reserves the right to revise these Rules and Regulations at any time without prior notice to the Participant. The revised Rules and Regulations, if applicable, will be effective immediately upon uploading the same on Website/ Platform, unless otherwise mentioned. The Participants are encouraged to re-visit the Website/ Platform to stay updated of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Rules and Regulations. You agree and acknowledge that no knowledge of the Rules and Regulations or any revisions or amendments made to the Rules and Regulations thereof shall not be a defense in any proceeding with regard to the Contest.
- STAR shall announce and market the Contest on STAR Instagram Handle from Feb 2,2022, 2022 to Feb 28,2022.
- The Contest will commence on Feb 2,2022. at 18.00 Hours IST hours Indian Standard Time (IST) and will end on Feb 28,2022 at 22.00 hours IST (“Contest Period”) on the Platform. It is clarified that the Contest will remain open on daily basis during the Contest Period,. STAR reserves all rights to make amendments to the Contest Period and/or such other terms and conditions stated herein, without giving prior notice to the Participants. It shall be the sole responsibility of the Participant(s) to check the Rules and Regulations for the Contest on the Platform from time to time. STAR also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s). It is further clarified that STAR shall be free and entitled to extend or reduce the Contest Period as it may deem fit.
- To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Contest Period:
a. log in to the Platform using his/her Instagram account/credentials;.
b. Create a reel (“Reel”) using the reel feature on the Platform.
c. Post/upload the Reel on the Participant’s Instagram profile using the hashtag #NeengalumAagalaamComali (“Hashtag”)
d. For the purpose of participating in this Contest, it is mandatory that the interested Participant(s) mandatorily have either a valid Instagram account and must be residing in India during the Contest Period.
e. Follow the STAR Instagram Handle on the Platform.
f. Allow full access to STAR Instagram handle to the respective Participant’s Instagram profile. In the event the Participant’s Instagram profile is private, the Participant is required to change the profile setting to a public account so as to enable STAR Instagram Handle to view, share and post the Reel.
g. Reel Upload Functionality:
The Participants must upload/post their Reels on the Platform in the manner provided below:
i. The Participant(s) shall record and upload/post one (1) Reel on his/her Instagram profile on the Platform during the Contest Period by using the Hashtag featuring any comic performance by the Participant. Each Reel shall not exceed one (1) minute in duration and shall be in Tamil.
ii. It is clarified that Reels uploaded in any other format other than that prescribed or having an unclear audio will be deemed invalid and will be disqualified.
iv. The Reel shall be uploaded by the Participant on the Platform through the Participant’s profile and not through any third party links or applications such as YouTube, Dubsmash, etc.;
v. Once the Reel is uploaded by the Participant, it shall appear on the home page/news feed of the Participant’s profile, failing which the Participant shall not be deemed to have uploaded/ posted a valid Reel for the purpose of the Contest. For purposes of the Contest, “Receipt” of Reel shall be deemed to have occurred only upon the Participant clicking “Post/Upload” button and the Reel appears on the homepage /news feed of the Participant’s profile. It may be clarified that STAR shall not separately notify any Participant in respect of receipt or acceptance of the Reel uploaded by the Participant.
vi. For the purposes of this Contest and qualifying for gratification (as defined below) (i) Logging onto the Platform in the manner as stated hereinabove (ii) mandatorily having a valid Instagram account (iii) being a resident of India aged eighteen (18) years or above during the Contest Period (iv) mandatorily uploading the Reel using #NeengalumAagalaamComali and@vijaytelevision in the manner as set out herein, shall be considered as a complete and valid entry (“Entry/Entries”). For the avoidance of doubt, if the Participant(s) uploads the Reel on the Platform (i) without the Hashtag; and/or (ii) if the Participant does not have a valid Instagram account/profile; and/or (iii) is not resident of India or is below the age of eighteen (18), 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 uploading/ posting/submitting the Reel, the Participant(s) is representing that the Entry(s) and /or Reel or contents thereof are not confidential or comprise any sensitive personal information.
vii. A Participant is allowed to upload the Reel only through his/her single Instagram account or profile;
viii. Only Entries submitted during the Contest Period shall be considered for the purpose of the Contest;
ix. The Participant agrees and acknowledges that by submitting/ uploading/ posting the Entry and/or Reel in the manner stipulated above, the Participant hereby unconditionally consents to the Exploitation of his/her Reel(s) by STAR in the manner as deemed fit by STAR including but not limited to uploading , use and exploitation of the same on its account and /or handle on the Platform . STAR shall have the sole and exclusive right to edit, alter, modify and/or use any Reels uploaded by the Participant on the Platform and shall be entitled to exploit the Reel and /or Entry including the modified Reels in any manner whatsoever.
i. The Participant hereby represents, warrants, covenants and declares that (i) the Reel including the performance of the Participant in the Reel is original (ii) the Reel does not and will not infringe the rights of third parties including but not limited to copyright, 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 the Participant fully owns and controls all rights and interests including without limitation all intellectual property rights in the Reel and that no other person or party has right or interest in and to the Reel as a co-owner, partner, mortgagee, charge holder or otherwise howsoever, (iv) the Reel shall not expose STAR to civil and/or criminal proceedings and /or claims of any nature whatsoever (v) the Reel is not subject to any lien, charge, or any other encumbrance whatsoever (vi) the Participant has not granted any rights in the Reel to the prejudice of any rights granted to STAR hereunder (vii) the Reel is not violative of or in contravention of any applicable laws (viii) all necessary licenses and permissions required for the utilization of the Reel by STAR for the purpose of the Contest have been secured by the Participant in accordance with the existing terms and conditions of the Platform and applicable laws without any recourse to STAR (ix) The Participant agrees and undertakes that the Reel submitted by him/her for the purpose of the Contest is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.
j. In the event the uploading/posting of the Reel 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 Platform and/or STAR shall have the right to at their discretion to edit/ remove/cut the contentious portion and re-publish such Reel or reject the Reel 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 the Participant and that he/she does not refer to, promote or endorse any commercial product and/or service in the Reel.
k. STAR shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Entry/Reel and the Participant(s) shall unconditionally co-operate to facilitate the same. Any incomplete Reel with incorrect format, additional and/or inadequate Personal Information, Reel not in the required format as prescribed herein or which is in breach of the terms of these Rules and Regulations shall be considered invalid and will be disqualified from participating in the Contest.
l. The Participant(s) agrees and consents to the use by STAR of the Reel forming part of the Entry on the Platform, any other social media page of STAR or as STAR 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 STAR 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 rights in and to the EntrY including the Reel forming part of it, to Exploit in any manner deemed fit by STAR at its discretion including but not limited to any other social media platform page of STAR, 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 Rules and Regulations and/or for any promotional purposes towards the Contest, as deemed fit by STAR. The Participant agree and acknowledge that the Channel / STAR shall have the sole and exclusive right to edit, alter, modify and/or us any Reel uploaded on the Platform in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Contest and/or any ancillary event related to the Contest and/or Program. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Rules and Regulations. The Participant(s) including Winner(s) (defined hereinafter) waives off moral rights” or any other similar benefits to which the Participant is presently entitled to pursuant to any law in force or which may accrue to the Participant under a similar doctrine, principle or law, to the extent permitted by such doctrine, principle or law and any similar law in any country of the world in respect of the exercise of STAR’s rights hereunder with respect to the Reel or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Reel uploaded and submitted by the Participant(s) in any manner whatsoever. The Participant(s) undertake not to create any lien, charge, or other encumbrance, on the Entry and /or Reel at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Reel and /or Entry including the modified Reels 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 Reel in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in and to the Reel including rights in any form of intellectual property, performer’s rights (including rights under Sections 38, 38A, 38B, 39 and 39A of the Copyright Act, 1957) and rights in any form of exploitation will be owned by STAR 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 and/or exploitation of the Reel and /or Entry and /or modified Reel by STAR or any third party authorized by STAR, and hereby expressly waives all rights against STAR whether in contract, law, tort, equity or otherwise to enjoin or restrain or seek any injunctive or other equitable relief relating to STAR’s exploitation of the Reel in perpetuity to the maximum extent permissible by law 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 Reel 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 Reel , either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Reel including performances in the Reel(s) or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Reel from one form/format to another and in relation to the Reel , 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 Reel 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 Reel 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.
m. At the end of the Contest Period, all the Reel(s) uploaded on the Platform and fulfilling the criteria set out herein shall be collectively viewed and rated by a panel comprising of the representatives of STAR as determined by STAR in its sole discretion. This panel will rate the Reel on the basis of the performance, grace, talent, originality of the Reel, creativity of the Participant, comic element in the Reel.views and shares and/or likes by the viewers of the Platform and /or any such other criteria as may be solely determined by STAR at its sole discretion and accordingly shortlist Participants.
n. Out of these shortlisted Participants, STAR shall, based on the criterion mentioned hereinabove at its sole discretion, select and declare the three (3) best Reels from the Reels uploaded (collectively referred as the “Winners”). The Winners shall be entitled to gratification in the form of having their winning Entries/Reels telecast/broadcast on the Channel/ Star Instagram Handle or any other platform as determined by STAR any time after the Contest Period and/or during the Contest Period (“Prize”):
4. The final selection of the Winner(s) shall be made by STAR 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 STAR or its employees in connection with 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 the Prize, the decision of STAR shall be final and binding. It is further clarified that Star shall be free and entitled to at its sole discretion, either increase or decrease the number of Winners declared as part of this Contest without any objections from the Participants.
5. The Participants/Winner(s) shall not in any circumstances make any claims against STAR and/or its entities arising out of or relating to any and all claims, costs, expenses, losses, judgements, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly (“Losses”), to the Participant(s)/Winner’s participation or non-participation in the Contest or Participant’s breach or alleged breach of Participant’s covenants, agreements, representations or warranties hereunder 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 Rules and Regulations the corresponding Entries will be disqualified. The Participant agrees to indemnify and hold harmless STAR from any Losses arising in relation to the Contest.
6. The Participants/Winner(s) shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the Platform on which this Contest is hosted.
7. 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 STAR and/or STAR entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
8. STAR 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 Rules and Regulations set out herein or as may be revised by STAR from time to time. STAR reserves the absolute right and discretion to reject any “Entry/Reel” or any part thereof at any stage of the Contest, including without limitation after declaring the Winner(s) if STAR :
a. receives any notice or complaint relating to the Entry/ Reel 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 Reel 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 STAR about the origin of such Reel 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 cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant agrees that STAR has the right to remove any such Entry which breaches any of the terms of these Rules and Regulations including without limitation the terms and conditions of the Platform and the Participant shall not be entitled to object to the same.
The decision of STAR in this regard shall be final and binding upon the Participant(s)/Winner(s).
9. Neither STAR and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and /or and the Winner(s) and /or agree not to hold STAR and/or the Channel and its employees, responsible with regards thereof.
10. By participating in the Contest, it is construed that the Participant(s)/Winner(s) has read and understood these Rules and Regulations including the General Rules stated below and has agreed to abide by the same.
11. 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/ STAR, be responsible for the same.
12. Irrespective of whether the Participants have been disqualified and /or their Reels have not been shortlisted by the panel/jury of STAR, STAR shall continue to have the right to Exploit and /or publish the Reel submitted by the Participants on any channels and/or platforms owned by STAR worldwide in perpetuity without any objection or claims from the Participants.
- Employees of STAR or third party vendor which has been appointed by STAR from time to time, and employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Tamil; are ineligible to participate in the Contest.
- In the event of any fault, misunderstanding or dispute concerning any part of the Contest the decision of STAR shall be final.
- The entry process is strictly open to Participant(s) residing in India only during the Contest Period of the age of 18 (eighteen) years and above only. The Participant (s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.
- Proof of age, if requested, of the Participant(s) in the Entry must be submitted to STAR (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate/Aadhar, driver’s license or PAN card) as may be required by STAR to confirm the eligibility of the Participant(s). STAR also reserves the right to disqualify a Participant(s)/Winner(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) at any point in time.
- The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR in relation to the Contest and to effectuate STAR’s rights in relation to the Contest.
- Each Participant(s)/Winner(s) consents to the use of information submitted by the Participants)/Winner(s) including the Entry for the purpose as set out in these Rules and Regulations.
- STAR reserves the right to cancel and/or postpone the Contest without assigning any reasons and/or without giving any prior intimation to the Participant (s).
- The Winner(s) represents and undertakes to execute and produce such further documents as may be required by STAR in relation to availing the Prize herein.
- In case a Participant is found to be in non-conformance of the Rules and Regulations, then STAR India will disqualify the Entry received from that Participant.
- STAR shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to Platform, unclear network, disruption in the network and/or the internet /network costs charged by the telecom/mobile/network operator etc. Any dispute in connection to the above shall be settled between the subscribers, Participants and the telecom/mobile operator directly, without involving STAR.
- In case of any telecom and /or network failure and /or technical failure /breakdown on the Platform and /or technical failure in submitting and /or providing/tweeting the Reel(s) and/or for any reasons whatsoever, STAR reserves the right to at its sole discretion to change the Platform and /or the mechanism for submitting the Reel(s) and /or cease from accepting such Reel(s) of the Participants in any manner it may deem fit and necessary. In such event, STAR shall be entitled to exercise the option of putting the Contest and /or the selection and declaration of Winner(s) in abeyance, as it may deemed fit at its discretion. In addition STAR shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in either of the Platform’s mechanism for submitting the Reel(s) including without limitation system/failure on the Platform of recording/receiving tweets or default /logging on the Platform beyond the end time stated in these Rules and Regulations and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR.
- Participants must participate in the Contest voluntarily on their own behalf and through their own authorized Instagram account or profile, as the case may be. Reels by proxy will not be accepted.
- Participant(s) shall not in any circumstances make any claims against STAR India, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults in the network and /or connections or directly or indirectly due to, to their participation or non-participation in Contest. If a Participant is found to be ineligible, or if they have not complied with these Rules and Regulations, the corresponding Reel will be disqualified.
- The Winner(s) agrees to maintain complete confidentiality regarding their selection for the Prize and any matter relating thereto and shall not disclose any information pertaining to the Prize or the Contest which is disclosed to the Winner(s) and which is not available to public in general, to any person or media etc. without the prior written consent of STAR .In case the Winner(s) breaches this condition, he/she shall be liable to be disqualification/rejection and the Prize shall be forfeited.
- The Prize cannot be transferred, negotiated, refunded or exchanged for money etc. For the sake of clarity, there shall be no other gratification or prize.
- STAR shall not be responsible for any Entries/ Reel(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
- STAR reserves the right to forfeit the Prize in the event it is found by STAR or STAR has a reason to believe that any information provided including personal information of the Winner(s) is incorrect, fraudulent or any misrepresentation is made by the Winner(s). STAR shall have the right to declare another Participant on the criterion mentioned herein as the Winner(s) of the Contest, at its sole discretion and transfer the Prize to such Participant. Such decision of STAR shall be final and binding.
- The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of STAR the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid (eg. cancellation/postponement of the event), STAR shall not be held responsible and/or liable for the same.
- STAR makes no representation and/or warranty regarding the Prize other than those given in these Rules and Regulations and hereby expressly disclaims all other warranties, expressed or implied.
- The Winner(s) of the Contest, if required by STAR agrees that he/she shall make himself/herself available from time to time and co-operate with STAR to participate in any activity and/or campaign ("Promotional Activity") of any nature whatsoever without any consideration payable to the Winner(s). Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) agrees that the rights, title and interest in and to the footage of any nature with regard to Promotional Activity and any recording thereof shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and in any media whatsoever at any time throughout the world and in perpetuity.
- The Winner(s) shall not commit any act either directly or indirectly during such Promotional Activity or omission of which may bring STAR into public disrepute or denigrate any of the preceding or offend any community or public morals and in all public appearances the Participant/Winner shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Contest and/or Channel and/or Program.
- By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest, and /or the Prize in any manner whatsoever to the extent permissible under law.
- All and any incidental and consequential costs whether direct and/or indirect, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall STAR, be responsible or liable for the same. For the sake of clarity, STAR shall not be responsible to pay for any taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Prize and the same, if applicable, shall be solely borne by the Winner(s).
- Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant shall hold harmless and indemnify the main sponsor, if any, the Channel, STAR, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Contest, and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry/ Reel(s)and/or any personal information submitted by the Participant and to the extent permissible under law waives all rights to file in person through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
- STAR is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant(s)/Winner(s) in any manner whatsoever.
- Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify STAR India, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/ litigation/ injury/ damage/ harm/ loss suffered by STAR in connection with any act of the Participant(s),Participant’s Entry and/or the Contest including any third party rights claims with respect to the Reel submitted, uploaded or posted by the Participant(s).
- Each Participant(s)/Winner(s) hereby acknowledges and agrees that the relationship between the Participant/Winner(s) Winner and STAR and its/their affiliated companies is not a, fiduciary, principal-agent, partnership, employer-employee or other special relationship and neither STAR nor Participant shall have any authority to bind or shall be deemed to be the agent of the other in any way.
- The Participant(s)/Winner(s) Winner acknowledges that in case the performance of this Contest and/or availing the Prize cannot be fulfilled for reasons that include without limitation due to war, industrial action, flood or any act of god or which renders the performance of STAR impossible or any other event beyond STAR’s control then such non-performance or failure shall not be deemed as a breach of these Rules and Regulations and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then STAR shall be at liberty and upon their sole discretion to terminate any such prize/gratification and/or participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding.
- Participant(s)/Winner acknowledges that in case any portion/clause of these Rules and Regulations 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 Rules and Regulations shall be valid and binding and of like effect as though such provision was not included herein.
- Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Reel, dispute mechanism and obligations shall survive the efflux of time and the termination of these Rules and Regulations.
- The Participant(s)/Winner shall comply with applicable laws.
- The Rules and Regulations shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the selection of Winners and/or Prize and/or the Contest shall be referred to a sole arbitrator appointed by STAR and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Chennai and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant/Winner who has raised the dispute.
- Subject to the provision of the above clause 32, 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 under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Chennai India.