SINGTEL VIJAY TV DEEPAVALI FLYAWAY CONTEST
TERMS & CONDITIONS
The following terms and conditions (“Terms and Conditions”) shall govern the contest tentatively titled “Singtel Vijay TV Deepawali Flyaway Contest” (“Contest”) to be conducted by STAR VIJAY SINGAPORE PTE. LIMITED (“Company”) and shall be binding on each participant who voluntarily desires to participate in the Contest (“Participant”, “Your” and/or “You”) and sets out, inter alia, the terms of Your participation in the Contest and selection of Winner(s) of the Contest who are eligible to win the Prize (defined below). The Contest is intended to promote the Channel (defined below).
The Contest shall be governed by the Contest Terms, and by entering the Contest, You acknowledge to have read, understood, and unconditionally agree to comply with and abide by these Contest Terms. It is clarified that Company’s decision on all matters relating to the Contest shall be final and binding in all respects. You represent that Your participation in the Contest is on a voluntary and unsolicited basis; You further acknowledge that no goods or services have been offered to You as an inducement, or a prize, for participating in the Contest.
By participating in the Contest,
(i) You authorize the Company and its’ affiliates, associates, agencies, group companies, Sponsor, and their employees, authorised representatives, agents, assigns (collectively “Company Entities”) to collect, use, store, transfer and disclose Your Data;
(ii) You agree and acknowledge that Your Data may be collected, stored, processed, disclosed and/or transferred by Company and/or such Company Entities within or outside the jurisdiction of Singapore in accordance with the applicable laws;
(iii) You acknowledge and authorise Company and/or Company Entities to contact You using telephone, automatic telephone dialling systems, automatic texting systems and artificial or pre-recorded messages, including without limitation IVR’s and hotlines for the purpose of the Contest. By participating in the Contest, You also represent that You are the owner or customary user of the mobile phone number/ e-mail which You have shared with Company as part of Your Entry/ used to share Your Entry for the Contest.
(iv) You hereby consent to all of the foregoing.
The Contest shall commence from October 30, 2023, and shall conclude on November 15, 2023, or for such other period as may be determined by Company at its sole discretion (“Contest Period”). Any change in the Contest Period will be communicated by COMPANY via the Channel and/or such other mode of communication that Company may deem fit. For the avoidance of doubt, it is clarified that the Entries (as defined hereafter) must be submitted within the Contest Period. However, the Winners may be selected by COMPANY and the Prize(s) may be made available after the end of the Contest Period in accordance with these Terms and Conditions.
You agree and acknowledge that You are not required to make any payments to Company for participating in the Content. However, You understand and acknowledge that Your telecom service provider/ internet service provider may impose certain charges on You for use of their applicable services in relation to Your participation in the Contest, which shall be borne solely by You. Company recommends You check with Your service provider for schedule of charges that may apply.
(I) Participants’ Eligibility:
To participate in the Contest the Participant(s) must comply with the below:
1. The Participant(s) must be individual residents of Singapore (the “Territory”) and shall not be citizens of any sanctioned country (where sanctioned country means Belarus, Burma (Myanmar), Crimea, Cuba, Democratic Republic of Congo, Iran, Ivory Coast, Liberia, North Korea, Somalia, Sudan, Syria, Zimbabwe and any other country against whom the U.S. economic sanctions are or may be maintained by the U.S. Government, as may be updated from time-to-time).
2. The Participant(s) represent and warrant that they are not on any Specially Designated Nationals and Blocked Persons list issued by the US Treasury Department’s Office of Foreign Assets Control.
3. The Participant(s) must be aged 18 (eighteen) years or above as on the date that the Participant accepts these Terms and Conditions.
4. Participant(s) must be a Subscriber (defined below).
5. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents them from participating in the Contest. The Participant(s) should be legally eligible, as per the laws of the jurisdiction to which the Participant(s) is/ are subject, to enter into a contract.
6. The Contest is not open to the employees (permanent or contracted) and directors, including each of their immediate family members, of (i) Company; and (ii) any advertising and promotion agencies, contest partners, sponsors and each of their parent, subsidiary and affiliated companies and/or entities connected with the promotion of the Contest (collectively, the “Sponsor”).
7. Company reserves the right to verify the eligibility of all Participants.
8. Non-conformance by the Participant(s) with any and all of these Terms and Conditions set out herein or as set by Company from time-to-time will make such Participant’s participation in the Contest null and void.
(II) Participation Mechanism:
1. Unique codes (each a “Code” and collectively “Codes”) shall be aired by Company on the “Vijay TV” channel (“Channel”) every day between 07:00 p.m. to 09:00 p.m. Singapore Standard Time (“Time Slot”) during the Contest Period.
2. To enter the Contest, Participants must (i) be a subscribed to a television/channel package offered by Singtel Digital Media Pte. Ltd. ("Subscriber”) and (ii) watch the Channel during the Contest Period, and spot and send to Company the correct Codes displayed in the Time Slot, each day, during the Contest Period as per the process set out in these Terms and Conditions. Participant(s) are required to email the correct Code along with their Singapore mobile number to Star.firstname.lastname@example.org (“Entry” and collectively “Entries”). The Entry for the applicable day is to be sent to Company on that day and in no event later than 10:00 p.m. Singapore Standard Time of that day (“Cut-Off Time”). Any entries sent via any other mode(s) of communication, including without limitation, to any other email id other than the email id set out above or in a format other than as prescribed by Company shall not be considered as a valid Entry for the Contest.
3. Only the first Entry for the applicable Code for the day by a Participant shall be allowed and considered for the purpose of shortlisting. For the sake of clarity, if a Participant has submitted multiple Entries for the same Code, only the first Entry for the applicable day shall be considered, and any subsequent Entry shall be considered null and void.
4. Any Entry should provide all required information requested from the Participant(s). If the same is not complied with, then the Entry will not be considered a valid Entry for the Contest and the same will be disqualified. All information submitted by the Participant must be true, accurate and complete and are subject to the provision of proof(s) by the Participant, upon request by Company and/or Company Entities. It is clarified that Participants who have already provided the required information in a previous Entry shall be required to provide the required information again in every fresh Entry that they submit.
5. Participant(s) must enter the Contest on their own behalf only and Entry(ies) by proxies shall not be accepted.
6. The Entries received before the commencement and/or after the expiration of the Contest Period shall be void. Further, any Entry for the applicable day received by Company post Cut-Off Time for that day shall not be considered for the purposes of the Contest and will be void. Company’s determination of the date and time of receipt of Entries shall be final and binding on all Participants. Any incomplete and/or illegible Entries will result in disqualification from participation in the Contest and the receipt of any Prize.
7. Company shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, Company shall not be responsible for (a) lost, invalid, misdirected, late, incomplete or unintelligible entries, or for inaccurate eEntry information, whether caused by the Participant(s) or by any technical or human error of any nature whatsoever that may occur in the processing of such Entries; and/or (b) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of entries, or for technical, network, computer, hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive any Entry information on account of technical problems or traffic congestion on the internet or at any website, that results in an Entry not being received by Company. Any automated receipt of confirmation does not constitute proof of actual receipt of the Entry.
8. Only eligible Entries received from eligible Participant(s), during the Contest Period, will be considered for the Contest. Each Participant represents that the Entry is authentic and not fabricated for the purposes of the Contest.
9. The Participant(s) agrees that the Entry shall be free of any virus/ trojans/ spyware/ malware or any such program which may harm the recipient’s computers/ system/ servers etc. or contain any links which are intended to harm and/or provide unauthorized access to the recipient’s computer and the data therein.
10. Certain selected Participants will be eligible to receive the Prize (as defined below) in accordance with the Selection Process and Gratification section below.
(III) Selection Process and Gratification:
1. Company shall select no more than three (3) Participant(s) who have sent the maximum valid and correct Entries to Company against the Codes displayed on the Channel during the Contest Period, who will be eligible to receive the Prize (each a “Winner” and collectively “Winners”) as per these Terms and Conditions. The Winners will be declared at the end of the Contest Period, within ten (10) days from end of the Contest Period. Within seven (7) days upon determination of the Winners, the Winners will be contacted by Company on the Singapore mobile number received as part of the Entries.
2. For the purposes of shortlisting Winners, (i) top three (3) Participant(s) who have spotted and sent the maximum number of Codes by way of valid Entries during the Contest Period will be considered; (ii) in the event of a tie between Participant(s) with same number of valid Entries (subject to each such Participant fulfilling all other terms of these Terms and Conditions), the Participant(s) who sent the maximum correct Entries with the Code(s) at the earliest time will be considered in determining the Winners; and (iii) a representative from Company will get in touch with such Participant(s) who will be required to share their Subscriber details with such Company’s representative. You agree and acknowledge that in case you change your email-id during the Contest Period and send Entries from the new email-id, Company will not be able to link any such entries sent from the new email-id to the old email-id from which earlier Entries were sent. Further, such Winners shall be required to fulfil all of the requirements set out in these Terms and Conditions including the submission of valid documents to the satisfaction of Company.
3. Each of the three (3) Winners are allowed to bring one (1) companion. The companion must meet the following requirements. The companion (i) is an individual resident of Singapore and shall not be a citizen of any sanctioned country (where sanctioned country means Belarus, Burma (Myanmar), Crimea, Cuba, Democratic Republic of Congo, Iran, Ivory Coast, Liberia, North Korea, Somalia, Sudan, Syria, Zimbabwe and any other country against whom the U.S. economic sanctions are or may be maintained by the U.S. Government, as may be updated from time-to-time); (ii) must be aged eighteen (18) years or above; and (iii) must have valid visa/ passport/ other necessary travel-related documentation to travel to India (“Travel Companion”). The Winner and Travel Companion shall travel and stay in Chennai, India for two (2) days, as per the travel details determined by Company. The Winners will also visit the sets of Big Boss and a go on a city tour of Chennai (“Prize”). As part of the Prize, Company shall arrange the following for the Winner and Travel Companion: (i) economy class round-trip tickets from Singapore to Chennai; (ii) hotel stay along with food and non-alcoholic beverages; and (iii) ground transportation for set visits and city tour. You understand that Company and/or Company Entities may at its sole discretion determine the choice of flight, flight timings, choice of hotel, choice of food (except where the Winner or Travel Companion has provided specific dietary requirements beforehand and the choice of food goes against this), choice of locations during city tour, etc. and You unconditionally agree to not raise any dispute in relation to Company and/or Company Entities’ decision in relation to each of the foregoing. To be eligible to claim the Prize, each Winner and Travel Companion will be required to arrange for their own visa and fulfillment of other travel requirements in order for them to travel to India, without any recourse to Company.
4. Each Winner agrees and acknowledges on their behalf and on behalf of the respective Travel Companion that the Prize may be subject to additional terms and conditions as may be imposed, including as imposed by Company and/or Company Entities; or required by the respective governments of India and Singapore in relation to visa and travel (as applicable) from time to time and the Winners/ Travel Companions agree to adhere to such terms and conditions, without any recourse to Company.
5. To the maximum extent permissible by law, Company shall not be responsible for loss of any nature, and/or any physical injury, whether internal or external, and/or disability and/or disfigurement and/or mental trauma and/or death that may occur/ occurs to any Participant, whose participation has been considered as invalid and/or not selected a Winner. Notwithstanding anything to the contrary and to the maximum extent permissible by law, Company and/or Company Entities make no representation and warranties, whether express or implied, with respect to the Contest and/or Prize including in relation to fitness or merchantability of the Prize and/or the Contest.
6. Upon determination of Winner(s) as per terms set out under Paragraph 1 and 2 of this Section III, the Winner(s) will be contacted through the email id and Singapore mobile number (“Contact Details”) provided by the Winner(s) as part of the Entry. Such Winners will be required to provide any additional information as may be required by Company and execute and cause the Travel Companion to execute any and all documents as required by Company and/or Company Entities. In case (i) a Winner is unable to verify the eligibility details, and/or (ii) the Winner does not have a valid visa/ passport and/or fails to fulfil any other travel requirements, and/or (iii) the Winner is not available on the travel dates, tentatively being in the first week of December 2023 or such other date to be determined by COMPANY at their sole discretion the said Winner shall be disqualified from the Contest, at the sole discretion of COMPANY and shall not be eligible to claim the Prize. Company and/or Company Entities will endeavour to deliver the Prize to each Winner without delay. However, any delay or failure in delivery of the Prize for reasons not in the control of Company, shall not be deemed as breach of these Terms and Conditions by Company and/or Company Entities.
7. If the announcement of Winner(s) is postponed for any reason whatsoever, Company and/or Company Entities will not be held responsible for the same.
8. Company shall not be responsible if the Winner(s) are not available at the Contact Details provided by them as part of the Entries and as a result of which the Winner(s) loses their chance to receive the Prize, in which case the selection shall be invalidated, and Company shall not be liable to such Winner(s) in any manner whatsoever. Company shall make only one (1) attempt to reach the Winner(s). If any selected Winner is unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.
9. In case Participant(s) and/or Winner(s) and/or Travel Companion(s) fail to produce any documents required by Company for the purpose of verification of compliance with these Terms and Conditions, including but not limited to consents and/or waivers and/or releases, as may be required by Company, such Participant(s) and/or Winner(s) and/or Travel Companion(s) shall stand disqualified or forfeit their right to claim the Prize (as the case may be) without any liability to Company and/or Company Entities. Further, for the avoidance of doubt, if a Participant's selection as a Winner or a Winner’s selection (as the case may be) is invalidated including due to (i) their non-response to Company’s communication; or (ii) their failure to execute or cause the Travel Companion to execute any further documents as required by Company/ Company Entities to collect the Prize; or (iii) verify the eligibility details; or (iv) is not a Subscriber; or (v) non-availability of valid visa/ passport by the Winner; or (vi) failure to fulfil any other travel requirements either by the Winner; or (vii) the Winner(s) are not available on the travel dates, tentatively being in the first week of December 2023 or such other date to be determined by Company at their sole discretion, Company shall have the right (but not the obligation) to shortlist the next eligible Participant who has submitted a correct Entry to be declared as a Winner.
10. The Travel Companion may travel with the Winner subject to (i) fulfilment of the eligibility criteria as set by Company and/or Company Entities; (ii) execution of applicable waiver/ consent in the form and manner as required by Company and/or Company Entities at their sole and absolute discretion and (iii) provided they have valid travel documents, including without limitation, via, passport, insurance, etc.
11. The Winner(s) shall be required to be available as required by Company to share their Entry that Company may specify from time to time (at Company’s sole discretion). To the maximum extent permissible by law, Company shall not be liable to any Winner and/or Travel Companion for any losses, damages, injuries, inconveniences, or any other liabilities of any nature whatsoever to their person or property caused or incurred arising in connection with the receipt, enjoyment or fulfilment of the Prize by the Winner and/or Travel Companion, including without limitation during their travel to and from Singapore and India and during their stay in India and the Winner(s) and the Travel Companion(s) shall, jointly and severally, keep Company indemnified for any and all loss suffered as a result of the same.
12. The Participant(s) shall ensure that their Entry is original, decent and is not illegal, immoral, obscene, defamatory, derogatory, abusive, offensive, insensitive, libellous, blasphemous to any person and does not disclose the personal data of other individuals. The Participant(s) also agrees and confirms that their Entry for the contest is in compliance with all applicable laws of the Territory and agrees to keep Company and/or Company Entities indemnified from any claim thereto. Any non-compliance with this clause shall lead to the immediate disqualification of the Participant(s) concerned without any liability to Company and/or Company Entities.
13. If any Participant engages in any behaviour that Company in its sole discretion believes to be prejudicial to the spirit of the Contest, it will result in such Participant’s disqualification from the Contest and the receipt of any Prize.
14. All decisions taken by Company shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed to mean that the Participant(s) have waived their right to dispute any decision(s) made by Company, to the maximum extent permissible by law.
15. Company reserves the right to change or withdraw the Prize at any time in case (a) the selected Winner(s) fail to comply with any of the Contest Terms and/or applicable laws; or (b) to remain in compliance with applicable laws.
16. To the maximum extent permissible by law, (a) Company and/or Company Entities assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience, or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize; and (b) Participant on behalf of itself and on behalf of the Travel Companion hereby releases Company and Company Entities from any and all liability arising out of any personal injuries, property loss or damage, and misuse of the Prize offered under this Contest, whether directly or indirectly, by reason of the acceptance, possession, or participation in the Contest including during shipping of the Prize to the Winner (if applicable).
17. The Prizes are non-refundable, non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner(s) and the Winner(s) cannot exchange the Prize(s) for a gift of equivalent value and/or liquidate the Prize in the form of cash, monies or any other nature of interests. The Prize cannot be clubbed or modified or changed with any other offer or web-based service/purchase of the Prize from any other website/app. Further, the Prize won is personal to the Winner(s) and the Winner(s) cannot transfer the Prize to any other person(s).
(IV) Additional Terms:
1. The Winner(s) shall also be required to comply with the terms and rules as may be published, displayed and/or communicated by Company, from time to time. The Winner(s) and the Travel Companion(s) shall comply with all applicable rules and regulations, including rules imposed by airlines, hotels, on-ground transportation providers, etc. in relation to their travel and stay in India and the Winner(s) on their own behalf and on behalf of the Travel Companion(s) agrees to indemnify Company and Company Entities in relation to the foregoing.
2. Grant of Rights:
a) All Entries shall become the property of Company and/or their assigns. By entering the Contest, the Participant(s) and/or the Winner(s) grant Company and Company Entities and/or their assigns the right to use of their names, social media handles, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world for the purpose of publicity and/or advertising in relation to the Contest.
b) For the sake of clarity, all rights, title and interest in Entry shall vest with Company and/or their assigns and may be utilized by Company and/or Company Entities and/or their assigns at a later point in time, at its sole discretion. The Participant(s) and/or the Winner(s) hereby irrevocably, perpetually and for the entire world, assign all rights, title and interest including rights in any intellectual property vested in the Entry to Company and its assigns including but not limited to the right to make any derivatives, adaptation, rights in any form of exploitation etc.
c) Each Winner hereby assigns, grants, conveys all rights, title, and interest, including rights in any form of intellectual property, performer’s rights (as understood as per applicable laws of each jurisdiction across the world) copyright and rights in any form of exploitation in and to the Materials to Company and/or Company Entities and/or their assigns, for the territory of the world and in perpetuity for all modes and mediums (whether or not they are currently known and/or in commercial use) in consideration of mutual covenants and promises between Company and each Winner, the sufficiency of which is hereby acknowledged by each Winner. The rights granted hereunder shall not be subject to any reversion, including for purposes of non-exploitation of the Materials, for a period of one (1) year from the date of its creation by Company and/or Company Entities and/or their assigns. Any materials provided by Company and/or Company Entities shall not be construed to form a part of the Materials for the purposes of the assignment/ license herein. In the event under operation of any law, the assignment herein is deemed not to apply to any future (and/or changed or new) means, methods (including technologies uses, media, versions, forms, formats, modes of transmission and methods of distribution, dissemination, exhibition or performance), mode or medium of the Materials or such mode or medium which is not in commercial use/ existence as on date of these Terms and Conditions (“Future Modes”), each Winner hereby grants an irrevocable and exclusive license in perpetuity to Company, its transferees, assignees, and sub-licensees for the territory of the entire world to exploit the Materials in any Future Modes, in consideration of mutual covenants and promises between Company and each Winner, the sufficiency of which is acknowledged by each Winner.
d) For the purposes of these Terms and Conditions, “Materials” shall mean all performances, works of authorship, intellectual property or any other creations originated, prepared, suggested or devised by the Winners and any results and proceeds of the Winners’ participation and/or appearances in relation to the Contest including without limitation in any audio-visual program shot by Company and/or any of Company Entities.
3. Company reserves all rights to make amendments to these Terms and Conditions and any other applicable terms of the Contest including without limitation changes in the rules and structure, any element of the Content, the number of winners, nature of the Prize, dates and timelines for the Contest etc., or to reschedule, cancel, terminate or withdraw the Contest upon giving prior notice. Any such change will be updated on and the Channel and/or through any other mode of communication as deem fit by Company. It shall be the sole responsibility of the Participant(s) to check any revisions to these Terms and Conditions and any other applicable terms of the Contest.
4. Nothing contained herein or otherwise imposes an obligation on Company to run the Contest, declare winners and/or distribute the Prize. Company reserves the rights to terminate or temporarily suspend the Contest at any time, for any reason whatsoever.
5. In the event Company/ Company Entities are of the opinion none of the Participants are eligible to be selected as a Winner, then Company/ Company Entities may exercise its discretion not to select any Winner.
6. The Participant(s) and/or the Winner(s) hereby acknowledge and agree that the relationship between the Participant(s) and/or the Winner(s) and Company is not a confidential, fiduciary, or other special relationship. Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between each Participant and Company.
7. The Participants will, at all times, engage in conduct with due regard to social conventions and public morals and will not commit any act which could bring Company and the Company Entities into public disrepute or reflect unfavorably on any such parties.
8. Except as expressly provided herein, all ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges, expenses, taxes, costs, etc. are the sole responsibility of the selected Winner(s).
9. By providing any Data to Company and/or entering the Contest, each Participant thereby, to the maximum extent permissible by law, waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to Company/ Company Entities. If a Participant does not wish to have their information and/or likeness viewed by or disclosed to others, they should not enter the Contest.
10. Participants shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the Participant does not have any right to, infringe any patent, trademark, copyright or other proprietary rights, impersonate another person, invade another's privacy, engage in hateful, racially or ethnically objectionable, or disparaging speech, whether in person or through any electronic communication, and/or violates any law for the time being in force,
11. Company and/or Company Entities will not be liable to You for delay or failure to perform its obligations set out hereunder caused by an event of natural disaster, acts of God, riots, terrorism, or such other event that is beyond the reasonable control of the party. The Winner(s) agree that if due to any reason, whatsoever, beyond the control of Company and/or Company Entities the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Company and/or Company Entities cannot be held responsible and/or liable for the same.
12. Company and/or Company Entities are in no manner whatsoever responsible and/or shall not be held liable for any injury, illness, infection, death, mental trauma caused to the Participant(s) and/or the Winner(s)/ Travel Companion(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prizes.
13. If any provision of these Terms and Conditions are unenforceable or invalid under applicable laws, the said provision shall be modified to the extent necessary, and in any event, the remaining provisions will continue to be valid and enforceable.
14. The Winner(s) shall do and cause the Travel Companion(s) to do any and all acts and execute any and all documents in such manner as may be required by Company/ Company Entities in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Company failing which their selection shall be forfeited.
15. The Participant(s) and/or the Winner(s) and/or the Travel Companion(s) shall fully indemnify, defend and hold harmless and keep indemnified, Company, its affiliates, officers, directors, employees and agents and the Sponsor (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) wilful misconduct or negligent acts or omissions; and/or (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner(s) and/or the Travel Companion(s) during the Contest and/or enjoyment of the Prize. Under no circumstances will Company 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.
16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) and/or the Travel Companion(s) have waived their right to raise any dispute with regard to the Contest and/or the Prizes and/or any decision of Company/ Company Entities in connection with the foregoing, in any manner whatsoever, to the maximum extent permissible by law.
17. Except for Company Entities and their officers, directors, employees, service providers and agents, as well as Travel Companions, no third party shall have any right to enforce any right in these Terms and Conditions and any other applicable terms of the Contest under the Contracts (Rights of Third Parties) Act and such rights are hereby expressly excluded.
18. The Contest shall be governed by and construed in accordance with the applicable laws of Singapore. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Singapore courts.
19. To the fullest extent permitted by law, Company and Company Entities including its affiliates, and each of their respective officers, directors, employees, third party service providers, and agents disclaim all warranties, express or implied, in connection with the Contest and the Prize. Company makes no warranties or representations about the accuracy or completeness of content advertised by the Sponsor or the content of any websites linked to Company and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on Company/ Company Entities; and/or (ii) personal injury or property damage, of any nature whatsoever, resulting from the Participant’s participation in the Contest; and/or (iii) personal injury, illness, infection, death, mental trauma caused to the Winner(s)/ the Travel Companion(s) in relation to their enjoyment of the Prize, including without limitation their travel and stay at India; and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available by Company/ Company Entities, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Participant is advised of the possibility of such damages. The foregoing shall apply to the fullest extent permitted by law in the applicable jurisdiction.
20. Limitations of Liability: By entering the contest, each Participant (which shall include all Winners) 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 Prizes 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 Company/ Company 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. The Participant’s participation in the Contest shall be at the Participant’s sole risk. The Participant acknowledges that the representations and warranties, indemnities, limitation of liability, governing law, dispute resolution, warranty disclaimer shall survive the efflux of time.