‘ON DEMAND+’ Poll activity
Terms & Conditions
These terms & conditions (‘ Terms’/’Terms and Conditions’) govern the polling activity for the program titled “ON DEMAND+” (‘ Program’) organized, conducted and brought to you by Star India Private Limited (‘Star India’) to be aired on the Channel Star Maa Music (“Channel”), The voting (‘Poll’) shall commence everyday between 16:00 hours IST to 17:00 hours IST during the broadcast of the Program which shall commence from 7th December 2020 and conclude on 31st September 2021 (‘ Polling Period’).
You (‘Viewer(s)’/ ‘You’) may voluntarily participate in the Poll if you agree with these Terms ( ‘Polling’). If you do not agree or cannot comply with any of the Terms then, please do not participate in the Poll. You can access/view these terms at the following https://www.startv.com/ ( ‘Website’)
The Poll will be held on ‘Star Maa Music’s’ Facebook page at https://www.facebook.com/StarMaaMusic (“Handle”) during the Polling Period and is open for participation by viewers/users in India only. The Poll will be held on Facebook using Poll feature.
I. PRINCIPAL RULES
1. The Poll will be announced and promoted on the Channel and/or any social media platforms and/or any other means at the sole discretion of Star India, and such promotion will continue till 31st September and/or till any other time, based on the sole discretion of Star India.
2. During the Polling Period the Viewers will be asked to cast their vote to choose a song from two song choices provided in the Poll. This process will be repeated for each song during the Polling Period with the choice of two song(s) provided for the Poll. There will be a total of 12 to 14 Polls every day in each episode of the Program, during the Polling Period, wherein the Viewers can vote for their song of choice from amongst two choices. The Viewer(s) interested in participating in the Poll (‘ Voter(s)’) are required to visit the Handle from the Viewer(s) facebook account and give a vote for the song(s) of their choice (‘Vote’). The First song will be manually chosen and played by the Channel and the viewers shall cast their votes for all the subsequent songs in respective episodes.
3. Star India will sufficiently promote and /or run the Poll on the Channel and on the Handle, to ensure that no Viewer is misled and each Viewer fully understands the entire process and costs (if applicable) for voting and registering their Vote.
4. The promotion for the Poll will be shown through promos/bugs and/or content on the Channel and/or on Star India’s social media platforms during the Polling Period.
5. Viewers will be asked to cast their Vote to select the song(s) of their choice amongst two options for each Poll, during the Polling Period.
6. The Vote shall be made in such manner as stated hereinabove and must be made by the Voter(s) during the Polling Period mentioned only. Votes made after the Polling Period stated in these rules and regulations shall not be considered and shall be null and void.
7. Viewers holding a Facebook account can only participate in the Poll. Viewer can cast only one vote against each song. The total number of votes against the two songs will be automatically displayed on the Channel in the said Program and shall also be displayed on the Handle. The song with the maximum number of votes for each Poll will be telecasted on the Program everyday following each Poll. It is understood that any announcement based on the polling, shall be at the sole discretion of Star India and the Viewer shall in no event challenge and/or dispute the decision made by Star India in this regard including in connection with the number of Votes, the aggregation of the same.
8. Any costs or expenses incurred to participate in the Poll shall be solely borne by the Viewers and Star India shall not be liable for any such costs or expenses.
9. Votes received by Star India after the Polling Period or beyond the stipulated time, shall be null and void without requirement of any further intimation by Star India.
10. It is agreed that Star India shall not be responsible in the event the Viewer fails to register his/her Vote due to any technical error of any nature whatsoever.
11. The Viewer agrees and acknowledges that the opportunity to participate in the Poll is the sole consideration to the Viewer; the Viewer is not entitled to receive any gratification, prize, monetary or otherwise, for participating in the Poll and/or for registering a Vote.
12. Star India reserves the right to disqualify any Viewer(s) from participating in the polling if the Viewer(s) are found to be in breach of any provisions of these Terms
and Conditions. The decision of Star India in this regard shall be final and binding upon the Viewer(s) and the Viewer(s) shall not at any time challenge and/or dispute such decision of Star India.
II. General Rules:
1. The Viewers interested in participating in the Poll must be above the age of eighteen (18) years, must be a citizen of India and must be a resident of India during the applicable Polling Period. The Viewer should not have a criminal conviction or an arrangement or a contract that prevents the Viewer from participating in the Poll. Proof of age, if requested, of the Viewer(s) must be submitted to Star India (i.e., school leaving certificate/school transfer certificate/college leaving certificate/college transfer certificate) as may be required by Star India to confirm the eligibility of the Viewer(s). The Viewer(s) represents and undertakes to execute and produce such further documents as may be required by Star India in relation to the Poll. Star India also reserves the right to disqualify a Viewer in case a discrepancy is found in the information furnished/provided/stated by the Viewer at any point in time. Permanent and/or contract employees and directors of Star India, its parent, subsidiary and affiliated companies, advertising and promotion agencies and each of their immediate family members are not eligible to participate in the Poll.
3. The Viewer(s) will be solely responsible for complying with the terms stipulated by Facebook in the territory to submit their Vote on account of any restrictive terms imposed by such platform(s) and/or on account of the Viewer’s failure to comply with the terms imposed by such platform(s).
4. Star India reserves all rights to make amendments to the existing Terms or withdraw, change, alter, amend the Poll mechanism, Terms, Polling Period and/or any aspect related to the Poll without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms from time to time.
5. All the Votes will be stored in a backend system operated by Star India and/or any person/agency appointed by Star India.
6. Star India reserves the right to cancel and/or reschedule the Program and/or Poll and/or extend or alter the Polling Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final
and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the Viewer(s).
7. The selection of song(s) for telecast on the Channel, pursuant to the Poll shall be final and binding on all Viewer(s) and in no event shall the Viewer(s) dispute the decision made by Star India in connection to the Vote and /or any aspect related to the Poll. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Poll and/or the selection process to qualify for the Poll, the decision of Star India shall be final and binding.
9. Star India 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 Viewer(s) in any manner whatsoever, in relation to the Poll.
10. The Viewer(s) shall not in any circumstances make any claims against the Star India 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 Viewer(s)’s participation or inability to participate in the Poll or any related activity, to the extent permitted under law. If the Viewer(s) is found to be ineligible, or if he or she has not complied with these Terms, the corresponding Vote will stand disqualified and such decision of Star India shall be final and binding.
11. Star India shall not be responsible for any cost, expenses, taxes, duties, charges, fees and/or any levies applicable under the laws of India, in relation to the Vote(s), Poll and any such costs, if applicable, shall be solely borne by the Viewer(s).
12. Star India and/or the Channel shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/ mobile operator directly, without involving either Star India and/or the Channel.
13. In case of any telecom and/or network failure and /or technical failure in logging on to the Website, the Handle and/or for any reasons whatsoever, Star India reserves the right to at its sole discretion to change the Poll mechanism and/or cease from accepting Votes of the Viewers, in any manner it may deem fit and necessary. In addition Star India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Poll system/ mechanism including without limitation Poll system failure in the mechanism of default /internet lines logging on automatic acceptance of Votes beyond the Polling Period due to technical /technological restrictions and /or due to reasons /events/incidents beyond the reasonable control of Star India.
15. Star India makes no representations and/or warranties regarding the Poll, or any matter in connection therewith other than those expressly given in these Terms and hereby expressly disclaims all other warranties, expressed or implied.
16. By participating in the Poll, the Viewer(s) shall hold harmless and indemnify Star India, the Channel, 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 Viewer(s) and/or their family members/friend’s invited by the Viewer(s), in any manner whatsoever in connection with the Poll 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 or otherwise.
17. Limitations of Liability: by entering the poll, each viewer acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the poll 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 poll (if any), notwithstanding the foregoing, under no circumstances will Star India and/or star india entities be liable for any consequential, indirect, special, punitive, exemplary 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 Star India’s entire liability under these terms and conditions shall not exceed the total monetary value of Rupees hundred.
18. Star India reserves the right to disqualify any Viewer/participant if his/her conduct is found to not be in concurrence with these Terms or is in infringement or contravention of any third party rights, intellectual property rights or applicable laws, rules or guidelines.
19. The Viewer acknowledges that in case the performance, continuance of this Poll cannot be fulfilled due to war, industrial action, flood, any act of God, or any event beyond the reasonable control of Star India, then such non-performance or failure or delay in performance shall not be deemed a breach of these Terms and if such inability to perform or delay in performance continues for a period of seven (7) days, then Star India shall have the right, in its sole discretion, to terminate the Poll, any gratification and/or participation of a Viewer forthwith and such decision shall be final and binding.
20. You hereby acknowledge that in case any portion/clause of these Terms 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 T & C shall be valid and binding and of like effect as though such provision was not included herein.
21. Each Viewer hereby acknowledges and agrees that the relationship between the Viewer and Star India, the Channel and its affiliated companies is not a confidential, fiduciary, or any other special relationship.
22. Each Viewer(s) acknowledges that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible, and the remainder of these Terms shall be valid and binding and of like effect as though such invalid or unenforceable provision was not included herein.
23. Viewer(s) acknowledges that Viewer(s)’s representations, warranties, indemnities, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
24. Star India reserves the right to discontinue the Poll at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Viewers (s) whatsoever without prior notice to the Viewers;
25. The outcome of the Poll /the decision made by the Channel and/or Star India regarding the Poll shall be final and binding on the viewers and in no event shall the viewer(s)/Voter(s) dispute the decision made by Star India, Channel and/or its employees in connection to the Poll.
26. By the act of voting, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Poll, in any manner whatsoever to the extent permissible under law.
27. The Terms shall be construed in accordance with the laws of India and any dispute or other matter arising in reference to the Poll or these Terms shall be referred to arbitration by a sole arbitrator appointed by Star India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Hyderabad, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Viewer who has raised the dispute.
28. Subject to the provision of paragraph 27 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Hyderabad, India.
29. You hereby acknowledge that You have fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.
30. In case of any queries in relation to this Poll, you can write to email@example.com. Star India shall endeavour to reply to the same within a reasonable time.