RUMM PUM PUMM CONTEST
TERMS AND CONDITIONS
These terms and conditions (‘Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’) who voluntarily agrees to participate in the contest “Rumm Pum Pumm Contest” (‘Contest’) which will be hosted by Star India Private Limited. (“SIPL”) for the purpose of promotion and viewer engagement of its channel ‘Star Maa Music’ (“Channel”) and its program “RUMM PUM PUMM” (“Program”).
The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. Participant should be a citizen and resident of India, who is physically present and located in India, and who is of 18 years or above as on March 6, 2023. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of SIPL for all matters relating to the Contest shall be final and binding in all respects.
The Terms and Conditions of and in relation to the Contest as stated herein, are an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms and Conditions are irrevocably binding on each Participant who voluntarily participate in the Contest. The privacy policy available at https://www.startv.com/legal-terms-policies/# wpp (“Privacy Policy”), which is deemed accepted and agreed to by every Participant, by agreeing to participate in the Contest, shall govern all usage of any Personal Information (as defined in the Privacy Policy available at the aforementioned link) and/or any other information as detailed in the Privacy Policy and including but not limited to the Facebook account and/or any information gathered by SIPL under or pursuant to the Contest.
The Contest shall be governed by the Principal Rules and General Rules as stated herein below and by agreeing to participate in the Contest, Participant/s shall be deemed to have unconditionally accepted and agreed to comply with and abide by the same prior to participating in the Contest. If the Participant does not agree to be bound or cannot comply with any of these Terms and Conditions and/or the Policies (defined below), then the Participant should refrain from continuing with and/or participating in the Contest. The act of participating in the Contest as detailed below shall be deemed to be the Participant’s absolute agreement to the Terms and Conditions contained herein, Personal Data Privacy Policy, Privacy Policy, User Generated Content of SIPL, and Website Terms of Use (collectively, “Policies”) of SIPL as prescribed from time to time and available at https://www.startv.com/legal-terms-policies/#wpp (“Website”). These Terms and Conditions are made available at https://www.startv.com /legal-terms-policies/#wpp (“Terms & Conditions Website”). These Policies may be amended by SIPL at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on Website unless otherwise mentioned. The Participant/s is/are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defense in any proceeding with regard to the Contest.
- PRINCIPAL RULES
- SIPL shall announce the Contest via promos, on-air astons, bugs etc. on the Channel and/or other channels of SIPL, newspaper ads, radio, outdoor and digital platforms (Facebook, Twitter and Instagram) or through any other medium of exploitation which shall be at the sole discretion of SIPL, stating the mechanism in which the viewers(s) can participate in the Contest.
- The Contest shall commence from March 6, 2023 at 09:00 AM and 5 PM Indian Standard Time (“IST”) and shall conclude on March 5, 2024, at 06:00 PM IST (“Contest Period”) on the Channel. SIPL reserves all rights to make amendments to the existing Terms & Conditions or withdraw, change, alter, amend the Contest, process of selection of winners, Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions for the Contest on the Channel and /or the Website from time to time. SIPL also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).
- The Contest shall comprise of different puzzles with regard to Telugu feature films, which will be triggered on the screen of the Channel during telecast of each song and the viewer need to identify the correct answers and comment their answers on the Facebook live page ‘facebook.com/starmaamusic’ (Facebook Page) before completion of that particular song, during the week days (Monday to Sunday) across the Contest Period between 09.00 a.m. & 10.00 a.m. and 05:00 PM to 06:00 PM IST (“Question(s)”). It is clarified that the Question(s) will be refreshed after every song. It is further clarified that the Contest shall be triggered only during the telecast of the Program between 09:00 AM, to 10:00 AM and 05:00 PM to
06:00 PM IST timeslot, during the Contest Period and no other timeslots. For the purposes of this Terms and Conditions, the Question(s) shall be displayed during the telecast of the Programs on an aston of 10 - 15 seconds, for every Participant to participate in the Contest. The lines will remain open across broadcast of the Program during the Contest Period. (The detail of different types of Question(s) are as follows.
Puzzle 1:
Two or three images of a particular movie will be triggered every day on the TV screen, during telecast of a song on the Program and the viewer need to identify the movie name (or) celebrity name (or) character name out of the given Question and comment the Answer on the Facebook Page. (Magadheera)
Puzzle 2:
Three names with missing letters of Hero, Heroin and Movie are displayed on TV screen during telecast of a song on the Program and the viewer need to fill the missing letters and comment hero, heroin & movie name on the Facebook Page. (Kajal, Ram Charan Tej, Magadheera)
(a) K _ _ A _ (b) R _ _ CH _ _ A _ _ E _ (c) M _ _ A _ _ E _ R A
Puzzle 3:
First Alphabet of Hero, Heroin and Movie name with a hint will be displayed on TV during telecast of a song on the Program and the viewer need to comment the hero, heroin & movie name on the on the Facebook Page. (Ram Charan Tej, Kajal, Magadheera)
(a) R___________ (b) K___________ (c) M___________
Hint: Bangaru Kodi Petta.
4. Specific format of the Question(s) will be used in each episode and one Question will be used for each song. The Question(s) will be changed in respective episodes of the Program at absolute discretion of Star India.
5. The interested Participants may at any time during the Contest Period chose to answer the Question(s) and stand a chance to win the prize (defined below) in accordance with these Terms & Conditions.
6. To participate in the Contest and to be eligible for the Prize (as defined below), the interested Participant(s) shall be required to correctly answer the Question(s) broadcasted on the Channel in the following manner, by sending their answer in English/Telugu language to the Facebook Page, during the broadcast of respective songs in the Program (“Answers”) ;
• Participant shall log on to his Facebook Page through the link provided above, which navigates to Star Maa Music page where in ‘Rumm Pum Pumm Contest’ live stream shall be pinned on to the top of the Facebook Page
• Participant shall comment on the comment box of the live stream with the Answer.
7. Your participation confirms that you agree to contest T&Cs and Privacy Policy of the Contest as available at https://www.startv.com/legal-terms-policies/#wpp.
8. It is clarified that the Participant shall be required to provide the correct Answer to the Question(s) to qualify and to win the Prize. Answers having incorrect keywords or wrong answers shall be considered invalid and shall not qualify for the Contest.
9. It is further clarified that if the Participant(s) provides an incorrect answer to the Question(s), then his/her entry for such Question shall be considered incomplete and the Participant shall not be eligible for Prize. Answer sent by the Participant after the Contest Period will be deemed invalid and entry of such Participant will be disqualified.
10. A Participant may participate any number of times during the Contest Period using the same Facebook Account. It is further clarified that only the first Entry submitted by the Participant shall be considered as the single and final entry for each song. Multiple entries for each song by the Participant during the Contest Period shall be considered as null and void. This shall be final and binding upon the Participants under these Terms & conditions.
11. For purposes of this Contest, “receipt” of Answer occurs when the Facebook account of STAR Maa records the Answer upon the Participant(s) sending the Answer (“Entry”). Any automated receipt confirmation does not constitute proof of actual receipt.
12. For the purposes of participating in this Contest, sending their Answer during the Contest Period by the Participant(s) shall be considered as a complete and valid Entry. For the avoidance of doubt, by submitting the Answer the Participant(s) is representing that the Answer or contents thereof are not confidential or comprise any sensitive personal information.
13. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.
14. It is clarified that all costs incurred by the Participant(s) to participate in the Contest through Facebook shall be solely borne by the Participant(s) without any recourse to SIPL in the manner as set out herein below.
• For the purposes of this Contest, Participant(s) who are the account holders of Facebook shall be able to participate in the Contest.
• Entries sent after the Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by SIPL.
15. It is further mandatory that the Facebook account through which the Participant participates in the Contest is duly registered in his/her name.
16. In case of telecom, network failure and/or any other reason, SIPL reserves the right to change the mechanism or take such necessary steps as it may deem fit.
17. SIPL and/or the Channel reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason whatsoever. The decision of SIPL and/or the Channel in this regard shall be binding upon the Participant(s).
18. Winner Selection and Gratification:
a. The winner/s will be selected through the below mechanism and on selection, the Winner (as defined below) will receive a Facebook message “Congratulations, thank you for participating - you have won a gift coupon from Star Maa Music”.
b. Star India will identify first 3 names per song, who answers correctly and put those 3 names on the Randomizer and out of the same the Randomizer will select one winner (“Winner”). The Winners will be gratified with one e-coupon of any of SIPL’s customers’ business outlets, at the discretion of SIPL, which would be worth of around Rs.100 to Rs.300/- and the same will be declared on the Channel & on the Facebook Page from time to time and value of the same will be changed from time to time at the sole discretion of STAR India (“Prize”). .
c. If SIPL receives only 1 correct answer, there will not be any randomizer process and SIPL will declare such winner without carrying-out any randomizer process.
d. The Winner will be announced on the Facebook Page and/or Channel after completion of each song in the Program, within 24 hours from completion of each episode. The Winner shall send back the confirmation message received from SIPL to Facebook Page and upon verification of such message and profile of the winner, the prize shall be delivered through Facebook Page (or) as deemed fit by SIPL within 7 to 10 working days from the date of announcement of the Winner. For carrying out this process the Winner shall not lock his profile and shall keep it open, to receive the gratification.
e. Winner(s) will be contacted by SIPL on the registered Facebook account of the Winner(s) from which the Entry was sent for the Contest. In the event the e-coupon sent by SIPL is not delivered to the Winner’s registered Facebook account due to any technical reasons including but not limited to network problem, suspension of the account, blocked by concerned authorities or for any other reason and/or the Winner is found to be in breach of any of terms of these Terms & Conditions and/or fails to submit or provide the necessary details and /or documentation as may be required by SIPL for availing the Prize and/or there is a discrepancy in the documents submitted the Winner, then the selection of that Winner(s) shall be invalidated and SIPL at its sole discretion may select another Winner in the process specified above. For avoidance of doubt, such choice of Winners by SIPL shall be final and binding. SIPL shall not be responsible if the Winner(s) are not available at their registered Facebook Account as part of sending the Entry/Answer and as a result of which the Winner(s) lose his/ her chance to be entitled to the Prize and such decision shall be final and binding on the Winner(s).
f. If the Winner(s) refuses to accept the Prize awarded, SIPL shall forfeit the Prize and shall be released from all obligations towards the Winner(s) in connection to the Prize. After forfeiting the Prize, SIPL may be entitled to select and declare another Winner as it deems fit, and award the Prize, to such Winner(s) and such decision of SIPL shall be final and binding on all Participants including the Winner(s) and Winners(s) undertake to not dispute the same.
g. The Participant(s)/Winner(s) agree that save and except the Prize stated hereinabove, the Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). For avoidance of doubt, it is clarified that SIPL’s decision in regard to the selection and shortlisting 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 subsequently shortlisted as Winner(s) based on the criteria mentioned hereinabove by SIPL at its discretion, shall be entitled to the Prize. Entry(s) sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.
h. The Winner(s) shall not in any manner whatsoever be allowed to have any one impersonates him/her for availing the Prize. In the event it comes to the notice of SIPL that any of the Winner(s) is indulging in such illegal activity, SIPL shall forthwith rescind and invalidate the Prize awarded to such Winner(s), without further notice.
i. The Winner(s) shall be solely responsible to avail the Prize at the time of delivery. The Winner(s) agrees that he/she shall not hold Star and/or its employees, responsible for delays in delivery of the Prize and/or loss or damage or any defect during transit or any problem in connection to the Prize.
19. SIPL and/or the Channel reserves the right to decide the Winner(s) of the Contest at its sole discretion. The Participants shall in no event dispute and/or challenge the selection of the Winner. It is further clarified that in case of the selection and declaration of Winner(s), the decision of SIPL and/or the Channel shall be final and binding on the Participant(s) and the same shall not be disputed and challenged in a court of law, to the extent permissible under law.
20. It is clarified hereby that SIPL shall have a discretionary right to postpone/ cancel/change the destination of the Prize of reasons of unavoidable circumstances.
21. The Prize is non-transferrable and non-exchangeable, negotiable, refundable for money by the Winner(s). For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winners and the Winners cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person.
22. Any and all taxes and/or levies applicable under the laws of India shall be borne by Winner in relation to the Prize.
23. The decision of SIPL and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by SIPL and/or the Channel.
24. The Participant(s) and/or Winner(s) grants SIPL irrevocable consent in perpetuity to use her name, photographs including sobriquet, audio visual tape or the voice or lines of the quote taken during the Contest, if any, in any and all applications including but not limited to advertising, commercials, promotion, stories, text, articles and commercial exploitation, in any and all mode, media, forms, including but not limited to radio, broadcast and television, newspapers and magazines, internet and mobile, and/or any mode and form of exploitation whether now existing or devised in future, at any time without the Participant(s) and/or Winner(s) further knowledge or consent.
25. By participating in the Contest, it shall be construed that the Winner has waived his/her right to raise any dispute in connection to the Contest and/or the selection procedure and/or the details of the scores and/or the Winner and/or the Prize.
26. The final selection of the Winners shall be made by SIPL and shall be final and binding on the entire Participant(s) / Winners and in no event shall the Participant(s)/ Winners dispute the decision made by SIPL or its employees in connection to the Entry/Answer and /or 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 for the Contest, the decision of SIPL shall be final and binding.
27. The Participant/ Winner shall not in any circumstances make any claims against SIPL, Channel, their employees, directors and its affiliates (SIPL Entities) arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winner are found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entries will be disqualified.
28. By entering the Contest, each Participant(s)/ Winner 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 awarded, shall be resolved individually, without recourse 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 SIPL and/or SIPL 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.
29. SIPL reserves the right to disqualify any Participant(s)/ Winner(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by SIPL from time to time. SIPL reserves the absolute right and discretion to reject any Entry/ Answer or any part thereof at any stage of the Contest, including after declaring the Winners, if SIPL:
• receives any notice or complaint relating to the Entry/ Answer not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;
• determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person and to which the Participant does not have any right to
30. Participant further agrees and undertakes that he/she shall not do any acts which are blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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.
31. The decision of SIPL in this regard shall be final and binding upon the Participant(s)/ Winner. The Winner and /or Participant(s) shall not in any circumstances make any claims against SIPL Entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/ Winner participation or non-participation in the Contest or any related activity. If the Participant/ Winner are found to be ineligible, or if he or she has not complied with any of these Terms and Conditions, the corresponding Entries will be disqualified.
32. In consideration of the participation in the Contest, Participant/ Winner hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Answer, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to SIPL. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/ Winner in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub licensable license to SIPL for use in the entire world in any media and form as SIPL may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to SIPL including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/ Winner waive any so-called moral rights in the Entry.
33. SIPL shall in no manner whatsoever be responsible for security of Participant(s)’s/ Winner(s)’ Entry and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.
34. Neither SIPL and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and the Winner agrees not to hold SIPL and/or the Channel and its employees, responsible with regards thereof.
35. By participating in the Contest, it is construed that the Participant(s)/ Winners has read and understood these Principal Rules including the General Rules stated below and has agreed to abide by the same.
36. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Contestant(s) and in no manner whatsoever shall the Channel/SIPL, be responsible for the same.
II. GENERAL RULES
1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, the decision of SIPL shall be final.
2. The Participant(s) interested in participating in the Contest must be above the age of 18 (eighteen) years and a resident of India only. The Participant(s) should not have been previously convicted of any criminal offense or must not be a party to an arrangement or a contract that prevents them from participating in the Contest. To participate in the Contest, the Participants shall be required to have his own Facebook account registered with the social network “Facebook”.
3. Proof of age, if requested, of the Participant(s) must be submitted to SIPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate and attested in such manner) as may be required by SIPL to confirm the eligibility of the Participant(s). SIPL 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)/ Winner(s) at any point of time during the Contest Period.
4. The Participant(s)/Winner(s) represents and undertake to execute and produce such further documents as may be required by SIPL in relation to the Contest.
5. Participant(s) agree, understand and acknowledge that there is no prize/gratification for merely sending Entry in the Contest.
6. Each Participant(s)/Winner(s) consents to the use of information submitted by the Participant(s)/ Winner(s) including the Entry(s)/ Answer(s) for the purpose as set out in these Terms and Conditions.
7. SIPL 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).
8. In case a Participant(s)/ Winner(s) is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content or Privacy Policy, then SIPL will be entitled to at its sole discretion disqualify the Entry/ Answer received from such Participant(s)/ Winner(s). Such decision shall be final and binding on the Participants and to the extent permissible in law, the same shall not be disputed or challenged.
9. Participants are requested to check with their Internet provider/operator for the applicable charges for participating in the Contest. In case any Participant desires to participate in the Contest while roaming in a different circle/zone/country, additional roaming rates may apply. Hence Participants are requested to contact their internet provider/operator for the applicable rates.
10. In case of any telecom and /or network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or providing the Entry/ Answer and/or for any reasons whatsoever, SIPL reserves the right at its sole discretion to change the Contest mechanism for submitting the Entry/ Answer and /or cease from accepting Entry/ Answer of the Participant(s)/ Winner(s) during the Contest Period in any manner it deems fit and necessary. In addition SIPL shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Contest mechanism for submitting the Entry/ Answer including without limitation system failure in the mechanism of recording the Entry due to any reason whatsoever including technical disruption/phone lines being open / a default in sending out the SMS alert to the Participant(s) upon sending the Entry/ Answer / close or default / failure/ any other difficulties of such nature due to which the Participant(s) is unable to participate or record his/her Entry/ Answer/ failure to logging on automatic acceptance of Entry as stated in these Terms and Conditions and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of SIPL.
11. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against SIPL, Channel, their employees, directors or its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind that may be suffered, including, without limitation due to any technical faults in the network and/ or connections or directly or indirectly due to or relating to their participation or non-participation in the Contest mechanism. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entry(s) will be disqualified.
12. The Winner(s), shall if required by SIPL and/or the Channel submit any documents that could be furnished as proof that the Facebook Account is registered in the Winner(s) name.
13. The Participant(s)/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 Participant(s)/Winner(s) and which is not available to public in general, to any person or media etc. without the consent of SIPL. In case the Winner(s) breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.
14. The Prize cannot be transferred, negotiated, refunded or exchanged for money by the Participant(s)/ Winner(s). For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Prize will be recorded by SIPL or will be incorporated in the Program or will find a mention in the Program and/ or on the Channel.
15. SIPL shall not be responsible to pay for any cost, expenses, taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, except as specified herein, and if applicable, Participant(s)/ Winner(s) agrees that the same shall be solely borne by the Winner(s).
16. SIPL shall not be responsible for any Entry(s)/Answer(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
17. SIPL reserves the right to forfeit the Prize in the event it is found by SIPL or it has a reason to believe that any information provided by the Participant(s)/ Winner(s) including Personal Information is wrong, incorrect, fraudulent or misleading. SIPL shall have the right to declare another Participant(s) (on a random basis on the criterion mentioned herein) as the Participant(s)/ Winner(s) of the Contest, at its sole discretion and transfer the Prize to such person. Such decision of SIPL shall be final and binding.
18. The Participant(s)/ Winner(s) agrees that if due to any reason, whatsoever, beyond the control of SIPL the Prize and/or the benefit in connection thereto becomes ineffective, invalid or unavailable (e.g. cancellation/postponement of the Contest), SIPL shall not be held responsible and/or liable for the same.
19. SIPL makes no representation and/or warranty regarding the Prize other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.
20. SIPL shall not be responsible if the Winner is not available at the Facebook Account, provided by them and as a result of which, the Winner(s) loses his/her chance to the Prize and such decision of SIPL shall be final and binding.
21. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) have 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.
22. For the sake of clarity, if the Winner(s) refuses to accept the Prize awarded upon delivery of the same, SIPL shall be released from all obligations towards the Winner(s) in connection to the Prize won by the Winner(s). Further, after forfeiting the Prize, SIPL shall be entitled to select and declare another Winner(s) (on a random basis on the criterion mentioned herein), as it deems fit, and award the Prize to that Winner(s) and such decision of SIPL shall be final and binding.
23. Further, SIPL shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner(s) is not reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which SIPL is unable to intimate the Winner(s).
24. Neither SIPL nor its employees have given a guarantee regarding the quality of the Prize and the Winner(s) agree not to hold SIPL and/or the Channel and its employees, responsible with regards thereof. It is clarified that SIPL and/ or Channel shall not be responsible for the brand, quality, value etc. in connection to the Prize and the supplier/ manufacturer shall be solely responsible for the same.
25. SIPL will not be responsible nor shall be held liable for defect in the Prize, if any and/or to supply any purchase receipt of the Prize or any other document in relation to the Prize. The Winner agrees that he/she shall not hold SIPL and/or the Channel and/or their employees, responsible for delays or any problems in connection to the Prize.
26. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, SIPL, or any of its channels, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/losses/ death/ mental or emotional trauma suffered by the Participant(s)/Winner(s), in any manner whatsoever in connection with the Contest, the Contest mechanism and/or selection mechanism and/or the Prize and/or the Star Maa Program and/or any material submitted forming part of the Entry/Answer and/or any Personal Information submitted by the Participant(s)/Winner(s) 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, to the extent possible under law.
27. SIPL 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, in relation to the Contest.
28. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify SIPL, 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 SIPL 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 material submitted by the Participant(s).
29. Each Participant(s)/Winner(s) hereby acknowledges and agrees that the relationship between the Participant/Winner(s) and SIPL and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
30. The Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Prize cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then SIPL shall be at liberty and upon their sole discretion to terminate any such Prize and/or participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding on the Participants.
31. Participant(s)/Winner 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 these Terms and Conditions, 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.
32. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
33. The Participant(s)/Winner(s) shall at all times comply with the laws of India.
34. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or Prize and/or the Contest shall be referred to a sole arbitrator appointed by SIPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Hyderabad, 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(s)/Winner(s) who has raised the dispute.
35. Subject to the provision of 37 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.