Pithe Puli Contest
Terms & Conditions
Please read the following Terms and Conditions before participating in the Contest conducted by Star India Private Limited. By voluntarily participating, you agree to be bound by these Terms and Conditions.
The following terms and conditions (“Terms and Conditions”) govern the entire process for contest titled ‘Pithe Puli Contest’ (“Contest”) which will be hosted by Star India Pvt. Ltd. (“Star/ Company”) for the purpose of promotion and viewer engagement of its channel ‘Star Jalsha’ (“Channel”) and/or its program titled “Horogouri Pice Hotel” (“Program”). The Contest will be conducted on the Channel and through a dedicated email-id created by Star India for the purposes of this Contest and shall be binding on each Participant (defined below), residing in West Bengal, (hereinafter referred to as “Territory who voluntarily desire to participate in the Contest for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and /or its network of channels and/or any other channel as deemed fit by STAR.
“Exploitation/Exploit” shall mean the exploitation of the Materials, Footage 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 STAR in its sole discretion and shall include incorporation of the Materials including performances in the Program 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 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.
“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.
“Materials” shall mean and include Entries, and including any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of Contest and/or Program and any other Intellectual Property created/ generated by the Participants during the course of participation in the Contest and/or Program.
1. a) The Contest shall start on 16 January ‘23 at 6:00 am and end on 19 January ‘23 at 11:59 pm (“Contest Period/Period”) The Contest is an integral part of the Program. The Contest will be conducted during the Contest Period, during which the Participants shall have to send in their Entries (as defined below) to the designated email id – CORP.Star.Jalsha.Contest@disney.com (“Designated Email ID”) through any device including but not limited to laptops, desktops, mobile phones, handheld devices, communication devices and tablets.
b) The Contest is open only to persons who are the citizens of India and who reside in West Bengal during the Contest Period, and at the date of the Prize and shall be of 18 years of age and above. The Participant must have a valid, existing and verifiable email-id, phone number during the Contest Period.
c) Permanent and/or contract employees and directors of STAR, 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. Star India 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 STAR for any reason whatsoever.
2. Procedure to Participate:
To participate in the Contest, all persons interested in participating (Participants) shall be mandatorily required to do the following during the Period:
i. To register and to participate in the Contest, the interested Participant (s) shall submit a detailed recipe (in words) of a unique Pithe Puli dish of their choice (vegetarian and/or non-vegetarian) including details of the process of preparation, list of ingredients, materials etc. required and measurements thereof (“Recipe(s)”) to the Designated Email ID along with the following personal details including full name, age, final dish based on the Recipe, email ID, contact number(s), area code, the name of their country/state/city where they reside, and/or any other information/documentation as sought by the Company, at its discretion during the Contest Period (“Personal Information”) in a manner and form, as requested and /or prescribed on the Website and/or any other mode or manner, at the sole discretion of STAR.
ii. Once the Participant(s) has shared the recipe on the Designated Email ID, subject to the Participant(s) having made a valid Entry, all the Entire(s) fulfilling the criteria set out herein shall be viewed and evaluated by a panel of experts, cooks, chefs, Company or authorized persons appointed by the Company, at their own discretion (“Jury”). The decision of the Company with regard to the composition of the Jury shall be final and binding on the Participant(s). Neither the Participant (shall be entitled to dispute and/or challenge the composition or the decision of the Jury at any time in connection with the selection procedure. For the sake of clarity, the Company is not obligated to revert to or respond to any Participant with the results of the selection process and the Company is not bound by any timeline is relation to the same.
iii. The Participants shall be evaluated and shortlisted by the Jury on the overall basis of writing of the Recipe, ease of availability of ingredients, uniqueness, originality, differentiating factors, social and cultural fitment of the Recipe, if the Recipe has been already covered/planned by the Company etc. or any such other criteria determined by the Company at its sole discretion.
iv. The Company/Jury shall have the sole authority to judge and rate the Entries and their decision shall be final and binding on all Participants. The Winners for the Contest shall be declared on 23 January ’23, at the sole discretion of Star India on the basis of the Participant(s) having made a valid Entry. The The total number of Winners declared during the Contest Period shall not exceed 05 (five) in total (hereinafter collectively referred to as ‘Winners’). These Winners shall be announced and declared by Star India on the Channels during the telecast of the Programs and/or in any other manner as deemed fit by the Company.
v. These Winners shall be selected and declared based on the criterion mentioned hereinabove by STAR India/Jury at its discretion, from the aforementioned shortlisted Participant(s). The Winner(s) shall be entitled to gratification in the form of visiting the sets of the Program and preparing the winning Recipe live along with or in the presence of the protagonist of the Program to be telecasted as part of the Program (“Gratification/ Prize”). The details of the Prize including but not limited to the date, timings, place, etc. shall be decided and finalized by Star India at its sole discretion, which the Winner shall be unconditionally be bound to accept. It is clarified that other than the Prize mentioned herein, the Winner shall not be entitled to any further monetary or commercial gratification in any form whatsoever. All costs for the travel, stay, food etc. of the Winner shall be borne by the Winners only, without recourse to Star India. The Winners would be contacted through email-id/phone call on their registered email-id/phone number provided by the Participant(s) in the Entry. The Winners would be asked to share their Contact Details (Name, Address and Phone no.). STAR India shall make maximum 01 (one) attempt via email-id or maximum two (02) attempts (ie maximum one attempt per day for two consecutive days). In case any Winner(s) is unavailable on both the attempts, the selection of that Winner(s) shall be invalidated and STAR India shall at its sole discretion may select another Winner(s), during the Period. For the avoidance of doubt such choice of Winner(s) by STAR India shall be final and binding. STAR India shall not be responsible if the Winner(s) is not available at the mobile number/email-id, provided by them and as a result of which, the Winner(s) loses his/her chance to the Prize and such decision shall be final and binding.
vi. Each Participant/Winner consents to the use of Recipe, and/or information supplied by the Participant(s) for the purposes as set out in these Rules and Regulations. For avoidance of doubt, it is clarified that STAR India’s decision in regard to the selection and declaration of the 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 Prize. Only the Participant (s) having made a valid Entry and who are shortlisted and declared as Winner(s) based on the criterion mentioned hereinabove, by Star India at its discretion shall be entitled to the Prize. It is further clarified that save and except the Prize stated hereinabove, the Participant(s)/Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Period and/or more than 1 Entry from the Participant(s) and/or email-id will not be considered for the Contest and shall be deemed null and void. Star India and/or Jury may at its sole discretion, revise the no. of Winners to select lesser or more than the above-mentioned number of Winners and the decision of Star India/Jury shall be final and binding on all the Participants.
vii. 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 STAR’s decision in regard to the selection and declaration of the Shortlisted 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 Shortlisted Participant(s) and subsequently declared as Winner(s) based on the criterion mentioned hereinabove, by STAR 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 Shortlisted 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.
viii. STAR reserves the right to announce the name of the Shortlisted Participant(s) and/or the Winner(s) on-air ie digital / social media pages and/or on the Channel and/or in any other manner, as required by STAR.
ix. The Winners shall thereinafter be irrevocably bound to submit to STAR India attested copies /documents evidencing /providing proof of their age and address (as requested) at the address or in the manner specified as intimated by STAR India. In the event, either of the Winners is unable to provide the necessary documents as requested by Star India on the date or in the manner as intimated to them, for any reason whatsoever, then STAR India reserves the right to replace that Winner with a subsequent Participant selected, who has made a valid Entry and who is selected by STAR India based on criterion mentioned hereinabove at its sole discretion on a random basis. It is clarified that such decision of STAR India and/or Channel shall be final and binding on all Participants including the Winner(s) and Winners (s) undertake to not dispute the same.
x. All decisions of STAR, Jury shall 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 STAR in relation to the Contest and/or Gratification, to the extent applicable under law.
xi. The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Shortlisted Participant(s)/Winner(s) agrees and undertakes that no cash equivalent or alternative prize will be given to the Shortlisted Participant(s)/Winner(s) and the Shortlisted Participant(s)/Winner(s) cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Shortlisted Participant(s)/Winner(s) and the Shortlisted Participant(s)/Winner(s) cannot transfer the Gratification to any other person.
xii. The Shortlisted Participant(s)/Winner(s) shall not in any circumstances make any claims against STAR entities and/or Jury 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 Shortlisted 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 will stand disqualified and such decision shall be final and binding.
xiii. If STAR so elects, the Shortlisted Participant(s)/Winner(s) will be required to submit to a confidential background check to confirm eligibility and help ensure that the Shortlisted Participant(s)/Winner(s) will not bring STAR Entities into public disrepute, contempt, scandal or ridicule or reflect unfavourably on STAR as determined in their sole discretion.
xiv. 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 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. In any case star’s entire liability under this terms and conditions shall not exceed the total monetary value of the gratification.
xv. For avoidance of doubt, it is clarified that it shall not be mandatory for the Company to consider and select of any minimum number of Entries or all of the Participants who have submitted valid Entries. No correspondence and/or phone calls shall be entertained in this regard.
xvi. If at any point of time the Company finds that the email ID or any other information shared by the Participant is false and/or unauthenticated, then STAR shall have the right to forthwith disqualify such Participant from further participation and his/her Entry (defined below) shall immediately be considered to be null and void.
xvii. The Participant(s) agrees and undertakes that all Personal Information, provided by them at the time of registration is true, correct, and accurate.
xviii. Participants are supposed to send only one Entry through their registered email id, during the Period. In case of Participants submitting more than one Entry through the same e-mail id or different e-mail ids, only the first Entry received from such Participant will be considered as a valid Entry.
xix. The Participant(s) by sharing the Recipe on the Designated Email ID, hereby represents, covenants and declares that – (i) the Materials are original, do 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 hurt the religious sentiments of people worldwide or be defamatory of any person deceased or alive or blasphemous in its content and that he/she fully owns and controls all rights and interests including all intellectual property rights in the Materials, such material and all rights therein and that no other person or party has right or interest in the Materials as a co-owner, partner, mortgagee, charge holder or otherwise howsoever; (ii) the Materials shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever; (iii) the Materials is/are not subject to any lien, charge, or any other encumbrance whatsoever (iv) the Participant(s) has not/have not granted any rights in the Materials to the prejudice of any rights granted to the Company hereunder; (v) the Materials is/are not in contravention of any applicable laws; (vi) all necessary licenses and permissions required for the utilization of the Materials including the Recipes for the purpose of the Contest have been secured by the Participant(s) in accordance with the existing Terms and Conditions and applicable laws without any recourse to Star. 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 any of the Materials.
xx. The Participant further agrees and confirms that the Company is entitled to reject any Entry (defined below) of the Participant for any reason at its sole discretion including in the event that the details submitted by the Participant at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.
xxi. The Participant(s) further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update or share any information and /or upload or submit any Entry that —
a. belong to another person and to which the Participant(s) do not have any right to;
b. 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;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person;
g. 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.;
h. threatens the unity, integrity, defence, 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, Participant agrees that STAR 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.
For purposes of the Contest, sending the Recipes on the Designated Email ID, furnishing the Personal Information in the mode and manner as prescribed by the Company, through a particular email ID that belongs to the Participant, shall be considered as a complete and valid entry (“Entry” or “Entries”). For the avoidance of doubt, if the Participant(s) provides incorrect Personal Information or fails to furnish Personal Information in the manner prescribed by the Company, then his/her Entry shall be considered incomplete, and the Participant(s) shall be disqualified from participating further in the Contest. The Channel /Company 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 Contest and/or the Entry and the Participant(s) shall unconditionally facilitate the same. Any incomplete Entry and/or Entries with incorrect format, inadequate Personal Information, invalid email ID, or which consist of content, which contains any of the elements specified in sub-clause (xxi) above, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Contest.
Entries received after the Contest Period will not be considered for the Contest and shall be deemed null and void. The Company shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever. It shall be the Participant’s sole responsibility to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and in accordance with the Terms and Conditions prescribed herein.
3. If at any point of time the Company finds that the email ID shared by the Participant on the Designated Email ID is false and/or unauthenticated, then STAR shall have the right to forthwith disqualify such Participant from further participation and his/her Entry (defined below) shall immediately be considered to be null and void.
4. Participant(s) who have participated in cooking based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Participants agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter.
5. For avoidance of doubt, it is clarified that the final selection of the Winners made by the Channel/Company /jury/Panel/Judges shall be final and binding on all the Participants and in no event shall the Participants dispute the decision made by the Channel/Company or its employees in connection to the Contest. 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 as the Winners, the decision of the Company shall be final and binding.
1. The Contest are strictly open to Participant(s) of the age limits specified above [see definitions of “Contestant(s)/Participant(s)" as of January 14, 2023, being a citizen of India and residing in West Bengal, India, during the Period, as per the respective applicable laws of the Territory(ies).
2. In the event the Participant is found to be in violation of any applicable laws at any point of time during the Contest, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Contest.
3. Participant, represent to the Company that the Participant is free and competent to enter the Contest; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Materials, 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.
5. STAR India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company shall not be responsible and/or liable in any manner whatsoever for any network problem, email delivery failure, internet disruption or failure, any amounts or charges imposed, any technical error or failure in submitting the Entry or where the Contest conducted, 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/ Participant(s) and the telecom/mobile operator directly, without involving Company. Further, the Company shall not be responsible for breakdown of any personal device of the Participant. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon receiving the Recipe on the email id provided herein. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.
6. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Contest/selection process. The Participant (s) shall hold harmless the Channel, Company, 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), in any manner whatsoever in connection with the Program and/or any aspect of the Contest and 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.
7. The Company reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant to check the Terms and Conditions for the Contest on the Website and /or any other platforms from time to time. STAR also reserves the right to cancel and/or postpone the Contest /Program without any prior intimation to the Participant.
8. The Participant should not have been convicted under criminal laws and/or should not be disqualified under an applicable law from participating in the Contest. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Contest /Program. The Participant further confirms that he /she is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).
9. The Participant(s) is required to furnish necessary supporting documentation in original (i.e., birth certificate, school leaving certificate or passport) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Contest. The Participant(s) agrees to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or STAR in its sole and absolute discretion.
10. The Company also reserves the right to change the selection process of the Contest(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein, without any prior intimation to the Participant and/or the public.
11. Participant must enter the Contest voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.
12. The Channel/STAR India reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to modify, cancel, suspend, discontinue and/or terminate the Contest, at any time without any prior intimation or notice to the public/ Participants and also STAR India/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Contest and/or accommodate any person or persons who have been selected in the Contest.
13. In case for whatever reason any Participant is not agreeable to travel, stay, etc. entirely at his/her own expense, the Company will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.
14. In the event of any fault, misunderstanding or dispute concerning any part of the Contest / Program/Show and/or the selection process to qualify for the Contest and/or Program, the decision of the Company shall be final and binding and each Participant shall without limitation be bound by such decision of the Company.
15. The Participant(s) shall not during the Contest /Program make any obscene gesture(s)/acts, or any defamatory statement regarding any event or any person alive or deceased or do anything in the nature of an endorsement/advertisement that may expose the Company and/or the Channel and/or the Jury to civil and/or criminal proceedings.
16. The Participant(s), shall not grant or publish any interviews, or share any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Contest or the Participants, names and identity of the selected Winner, Jury or the format of the Program or any aspect related to the Program or any information regarding the Company without Company’s prior written consent in each instance. The Participant shall not at any time make or issue any statements on behalf of the Company/ the Channel without the prior written consent of the Company.
17. The Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding or offend any community or public morals and in all public appearances the Participant(s) shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Contest/Program/ Show.
19. If the operation of the Show/ Contest/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company (“Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Show/ Programs/ Contest and/or participation of a Participant(s) forthwith and such decision shall be final and binding on the Participants.
20. Notwithstanding a Participant 's participation in the Show/ Contest there is no obligation on the part of the Company to broadcast any Show/ Contest in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.
21. Participant(s) specifically agrees, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at the Contest and/or the appearance, preparation of the Recipes of the Winners in the Program, including any interaction of the Participant(s) with the Company, Company officials, during the Contest, during the appearance in the Program or with any fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Contest/Show and/or the Program or any related series of sound recordings and video recordings which have been shot during the Contest/Show and/or the Program on film, tape or digital or other electronic media and includes but is not limited to recording of the Participant preparing the winning Recipe, any personal questions or conversations relating to the personal lives of the Participant (“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 Channel and/or Program. 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.
22. In consideration of being afforded an opportunity to participate in the Program and/or the Contest, the Participants agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of 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 or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant and /or natural guardian/legal guardian of the Participant(s) on behalf of the Participant(s), on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant and /or natural guardian of the Participant(s) on behalf of the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant or the natural guardian on the behalf of minor Participants hereby agree that neither the Participant(s) nor his/ natural guardian shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials 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 Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company (‘Offer’). The Participant and /or natural/legal guardian of the Participant(s) on the Participant(s)’ behalf 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 Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.
23. The Participant(s) waive off their “Moral Rights” with respect to the Materials/ participation in the Contest and/or their appearance in the Program. Further, the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant acknowledges that the Entry submitted and/or any their contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.
24. The Participant agree and acknowledge that the Channel /STAR shall have the sole and exclusive right to edit, alter, modify and or use any and all Footage of the Program, footage of the Winner appearing in the Program, footage of the Recipe prepared by the Winner in the Program, Winner interaction in the Program, and/or Materials in respect of their contribution in the Contest and/or Program and/or the Entry 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 Program/ Contest or any ancillary event related to the Program/ Contest).
25. The Participant shall make themselves available from time to time and co-operate with the Channel and/or STAR and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/ Contest without any money payable to the Participant. Further, the Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.
Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘Likeness’) to appear on and be used in connection with the promotion of the Program all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program 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 Program or STAR or the Channel without notice to the Participant and without any further compensation to the Participant
26. The Participant agrees to keep STAR India, the Channel, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third-party rights/material in with respect to the Exploitation of the Materials including the Entry, by STAR and /or any of its affiliate companies and/or channels.
27. Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.
28. The Participant 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.
29. Participant acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
31. 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 the courts at Mumbai, India.