TERMS AND CONDITIONS
Please read the following Terms and Conditions before participating in the Auditions conducted by Asianet Star Communications Private Limited. By voluntarily participating, You agree to be bound by these Terms and Conditions and represent that you satisfy all of the eligibility requirements set out herein below.
The following terms and conditions govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “SOMETHING SOMETHING ” (“Program”) and shall be binding on each participant (“Participant”, “Contestant”, “Your” and/or “You”) residing in and a citizen of India (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by ASCPL /Company (as defined below) 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 ASCPL(hereinafter collectively referred to as “Channel”).
“Digital Auditions” means Level 1 of the selection process of the Auditions as detailed hereunder and any additional levels as may be incorporated thereinafter by the Company in the process of the Auditions at any point of time at its discretion, to be conducted inter alia in the manner as set out hereunder, which the Participant(s) is required to qualify for further Levels, if any and qualify for participating in the Program.
“Audition(s)” shall mean the Digital Auditions and different Levels of selection process to be conducted inter alia in the mode and manner as detailed hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify to participate in further Levels for participating in the Program.
“Digital Audition(s) Period” shall mean the period commencing from 28th November 2022 and continues till 31st March 2023 for Level 1 and/or any additional levels or such other date stipulated and/or updated by the Company and/or Production House at its sole discretion on the website vijay.startv.com (“Website/Platform”) and required to be checked by You from time to time. The period can be extended or reduced by the Company and/or Production House at its sole discretion from time to time.
“Audition Period” shall mean the period as mentioned hereinabove or such other date stipulated and/or updated by the Company and/or Production House at its sole discretion on the website vijay.startv.com (“Website/Platform”) and required to be checked by You from time to time.
"Company/ASCPL" means Asianet Star Communications Private Limited, the owner and rightsholder of the Program.
"Contestant(s)/Participant(s)" means any natural person(s) who is between the age of 18 (eighteen) years and 30 (thirty) years as of November 1,2022 being a citizen and resident of the Territory as per the applicable laws and enters the Auditions/Program individually or along with a partner or as part of a group in accordance with the terms detailed below.
“Exploitation/Exploit” shall mean the exploitation of the Works 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 Works, 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 Works 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 Works from one form/format to another and in relation to the Works, 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 Works 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.
“Level(s)” shall mean collectively levels 1, and 2 of the Auditions. The term “Level” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.
“Program” means the Show(s) which shall be tentatively titled “SOMETHING SOMETHING ”.
“Production House” means D Studio
"Show(s)" means each episode(s) of the Program including any Special Show(s).
“Show Player(s)” means the final 15 (fifteen) or more selected Contestant(s) who are selected through the process of the Audition(s) to participate in the Program.
“Special Show(s)” means any episode/s of the Show recorded with Contestant(s) who belong to a category other than that specified hereunder, which may include celebrities or children special, or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition.
“Studio" means any location deemed fit by the Company for filming of the Program.
“Works/Materials” shall mean and include each Entry and any and all Video(s) contained therein, Footage (as defined below) any 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 Auditions/Program/Show or the Auditions and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions/Program/Show.
1. Eligibility criteria for Participants: Any individual, resident and citizen of India, between the age of 18 years to 30 years (both inclusive) shall be eligible to participate in the Program.
2. The Auditions are an integral part of the Program. The Auditions will be conducted on Digital during the Audition Period at absolute discretion of the Company, in the Territory.
3. The Digital Auditions will be conducted during the Digital Auditions Period on Platform, which may be accessed by the interested Participants through any device with access to the Internet, including but not limited to mobile phones. Participants are required to register themselves in the Auditions by following the procedure set out in these Terms and Conditions.
4. The Company shall promote the Auditions through on-air (promos, astons, bugs, etc.), radio, online, official social media pages/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Auditions, wherein the Contestant(s) can get details of the Auditions, timings and venue(s) of Audition Centre. As a part of the marketing strategy for promoting the Auditions and /or the Program on air, our radio partners may promote the Auditions and/or conduct various contests in respect of the Auditions/Program for the listeners across the country.
5. Procedure to register
a) To register and to participate in the Digital Auditions, the Contestant(s) shall:
i. login to the Platform at his/her sole discretion;
ii. Upon entering into the Platform the Vijay Takkar page will have to be selected, upon which the Participant(s) will have to select ‘Something Something”. A registration form shall be displayed in the Platform and the same is required to be filled by the Participant (who shall fill in all the relevant and necessary details as stated and enumerated therein and upon submitting Video (as mentioned hereinafter) on Platform in accordance with the requirements and criteria as laid down for the Auditions herein, the Participant(s) agrees to have read and understood all the terms and conditions for participation in the Auditions and hereby agrees to abide by the same. The Participant(s) shall submit the following personal details of the Participant including but not limited to name, gender, age, address, phone number, emergency contact number, email address, date of birth, full name, gender, age, address, nationality, city of residence, collage name (if any), email ID, contact number(s), emergency contact number, photo(s) of the Participant(s) (if requested) and/or any other information/documentation as sought by the Company, at its discretion during the Audition Period (“Personal Information”) in a manner and form, as requested and /or prescribed on the Platform.
iii. It may be clarified that the Participant participating in the Digital Auditions may register on the Platform only once either through a particular mobile phone number and/or email ID of themselves. Accordingly, the Personal Information required by the Company may only pertain to the Participant registering himself/herself. It is further clarified that if the Participant has already registered and submitted Entries (as defined below) and /or uploaded Video(s) on the Platform multiple times through a particular registered mobile numbers and/or specific email id (as applicable), then only the first Entry from that particular registered mobile number and /or email id shall be considered and all subsequent Entries and /or Video(s) shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Auditions. Additionally, it is clarified that a specific Participant cannot register and submit Entries (as defined below) and /or upload Video(s) on the Platform through multiple registered mobile numbers and/or multiple email id’s. In such cases only the first Entry submitted by the Participant through a particular mobile number and /or email id shall be considered, and the others shall be deemed invalid.
b) Video Upload Functionality:
i. Once the Participant shares the Personal Information required, he/she shall record one (1) self-introductory video of the Participant(s) briefing about themselves mentioning their name, profession, family, lifestyle and interests; such video shall have a maximum duration of 60 (sixty) seconds in mov or .mp4 format and shall not exceed the size of 50 mb [referred to as “Video”]
ii. the Participant shall upload the Video(s) on the Platform by following the instructions and as per the terms specified on such Platform and click on “Submit” button. Once the Video is uploaded on the Platform, the Participant will receive an onetime password (“OTP”) via SMS on their registered Mobile Number within the permitted time as mentioned therein on the Website, notification from the Company and/or Production House, at its discretion confirming and acknowledging the registration.
iii. If at any point of time the Participant fails to verify/authenticate the validity of his/her mobile no or validate the OTP during such mobile verification by the Company and /or the Company finds that the mobile number shared by the Participant(s) and /or any Personal Information sand/or the said mobile number not registered in the Participant’s name, it is found to be false and /or unauthenticated and /or fabricated, then Company and/or Production House shall have the right to forthwith disqualify such Participant from further participation and his /her Entry shall immediately be considered to be null and void.
iv. For the purposes of this Audition, by uploading and /or submitting his /her Video on the Platform, the Participant agrees and undertakes that they are unconditionally bound by the Terms and Conditions.
v. The Participant(s) agrees and undertakes that all Personal Information, provided by him/her at the time of registration is true, correct, and accurate. The Participant hereby represents, covenants and declares that (i) the Material(s) is/are original and is performed/enacted by the Participant(s), (ii) the Material(s) does 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 hurts 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 Material as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Materials shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Materials are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant has not granted any rights in the Material to the prejudice of any rights granted to the Company hereunder (vi) the Material is not violative of or in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Material for the purpose of the Auditions have been secured by the Participant(s) in accordance with the existing Terms and Conditions and applicable laws without any recourse to the Company. In the event the publishing of the Material is assessed to be prohibited in any manner and/or considered to be inappropriate due to moral, political or religious reasons or any reason whatsoever, the Company and/or Production House shall have the right at its sole discretion to edit/ remove/cut the contentious portion and re-publish such Material or reject the Material altogether and the Participant agrees not to object to the same. The Participant 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 the Material(s). The Participant further agrees and confirms that the Company is entitled to reject the Entry of the Participant 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.
vi. The Participant agrees and undertakes that the Entry/Material submitted by him /her is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.
vii. The Participant further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update, submit, share the Material(s) and/or information that:
a. belong to another person and to which the Participant(s) do not have any right;
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;
g. impersonates another person;
h. 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.;
i. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, Participant agrees that the Company 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.
viii. For purposes of the Digital Auditions, logging onto the Platform, furnishing the Personal Information in the mode and manner as prescribed, and mandatorily uploading 1 (one) Video shall be considered as a complete and valid entry (“Entry” or “Entries”). It may be clarified that once the Video is uploaded on the Platform, he/she shall not be entitled to re-submit any information, including but not limited to any Video and such Entry submitted by him/her shall be considered final and valid Entry for the purpose of the Audition. Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if the Participant fails to provide upload the Video or provides a fake email ID or fails to furnish Personal Information or if the Video submitted is more than the maximum duration stated herein, then his/her Entry shall be considered incomplete, and the Participant(s) shall be disqualified from participating further in the Auditions. The Channel/Company and/or Production House shall be free at any point of time to contact and /or communicate with the Participant for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant shall unconditionally facilitate the same. Any incomplete Entry and /or Entries with incorrect format, broken/bad web link, inadequate Personal Information, invalid email ID, wrong format, technical difficulties, internet problems, invalid mobile number or which consist of content, which contains any of the elements specified in the above sub-clause, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Auditions.
ix. Entries received after the Audition Period will not be considered for the Auditions and shall be deemed null and void. The Company and/or Production House shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever. It shall be the sole responsibility of the Participant(s) to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein
6. The Company and/or Production House shall not be responsible for any Entries submitted but not received due to any reason whatsoever.
7. The selection and shortlisting process for the Auditions for the Program shall be conducted as detailed below for each Level of the Auditions. For the sake of clarity, Participant cannot enter the Auditions without undergoing the process at each Level:
a) LEVEL 1
i. Subject to the Participant(s) having made a valid Entry, all the Audition Video(s) for the Program fulfilling the criteria set out herein shall be viewed and evaluated by the Production House and/or the Company and/or its representatives appointed by the Company and/or the Production House, at their own discretion for each of the Levels of Auditions (hereinafter collectively referred to as “Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s). Neither the Participant(s) shall be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.
ii. The Participant(s) participating in the Program , as per the terms stated herein shall be evaluated and shortlisted by the Panel based on the popularity level of the Participant considering the number of followers of the Participant on social media platforms limited to Instagram or on YouTube. For the purposes of qualifying further in the Auditions/ Program , it is mandatorily required that the interested Participant has minimum of 5000 followers each on Instagram and YouTubes severally.
iii. The Panel shall have the sole authority to judge and rate the Audition Video(s) and performance of all the Participants of the Program and their decision shall be final and binding on all Participants. Based on the evaluations of the Video(s) by the Panel, the Participant shall be shortlisted for Level 2 of the Auditions and intimated to the Participants(s) via phone by the Production House.
iv. The Participant(s) of the Program selected and shortlisted for Level 2 shall be intimated about the selection vide an email and/or personally intimate via telephone to the contact number that has been provided by the Participant at the time of registration or any other mode of communication as the Company/Production House may deem fit at its sole discretion, and the Participant(s) shall be solely responsible for checking the emails and/or calls received from the Company and/or the Production House. If the communication is received through email, the Participant shall within 24 (twenty-four) hours or receipt of such email confirm the participation of the Participation for next level. Such communication by the Company and/or Production House shall also give brief details of next level of audition i.e. Level 2, date and time of the Auditions, etc. The Participant shall be required to give confirmation of the Participant’s participation for Level 2 Auditions upon receiving a call. The telephone and/or email communication from the Company and/or Production House shall also provide details and requirements for the Level 2 Auditions which the Participant shall be required to confirm and make necessary arrangements for the same, prior to the Level 2 Auditions.
v. Participant(s) for of the Program shortlisted at Level 1 shall be required to be available as per the requirement and instructions of the Company and/or the Production House, as may be informed by the Company and/or Production House in advance, to participate in Level 2 Auditions, on specific dates and time and manner of conducting such Auditions, as decided and communicated by the Company either in person or via telephone .. If the Participant fails to make himself/herself available on the date and time as informed by the Company and/or the Production House, the Entry of the Participant will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.
vi. The Company and/or Production House shall be free at any point of time to contact and /or communicate with the Participant for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant shall unconditionally & promptly facilitate the same.
b) LEVEL 2
i. The Participant(s) shortlisted at Level 1 shall be required to participate and perform in Level 2 Auditions, via telephone or any other mode and manner as determined by the Company and communicated to the Participant(s).
ii. The Level 2 auditions will be conducted during the Audition Period or on such dates fixed & announced by the Company and/or Production House, at their sole discretion through the Website and/or any other medium, which is required to be checked by the Participant(s) from time to time.
iii. The Act of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of their versatility, style, overall personality, etc. and such other criteria as may be determined by the Company and/or the Production House in its sole discretion. For avoidance of doubt it is clarified that the decision of the Panel shall be final in this regard and neither the Participants nor anyone on their behalf shall have any objection to the same
iv. The Company reserves the right to select any number of Contestant(s) from this Level of Auditions.
viii. Participant(s) selected and shortlisted shall be intimated about their selection vide an email and/or telephone that has been provided by the Participant(s) at the time of registration or any other mode of communication, as the Company and/or Production House may deem fit at its sole discretion, and the Participant shall be solely responsible for checking the emails and/or calls received from the Company and/or Production House.
v. The Company and/or Production House 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 Auditions and/or the Participant(s) shall unconditionally promptly facilitate the same.
8. The Company reserves the right to select 1 (one) winner out of the Final Contestants. The Company may at its sole discretion declare a Prize for such winners, as it deems fit. All other and conditions shall be communicated to the Final Contestants from time to time.
9. The Participant(s) will be required to execute any and all legal documents including but not limited to Participant Agreements, as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1 and/or Level 2 and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1 and at Level 2. For avoidance of doubt it is clarified that each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the Participant is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company and/or the Production House.
10. Participant(s) who have previously participated in similar 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 Contestant(s) 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.
11. For avoidance of doubt, it is clarified that the final selection of the Show Players made by the Channel/Company /jury/Panel/judges shall be final and binding on all the Contestant(s) and in no event shall the Contestant(s) 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 Auditions and/or the selection process to qualify for the Contest/Program, the decision of the Company shall be final and binding.
1. The Auditions is strictly open to Participant(s) between the age of 18 (eighteen) years and 30 (thirty) years, being a citizen of and residing in India during the Audition Period, as per the respective applicable laws of the Territory.
2. Employees of the Company, of the Production House, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Tamil ; are ineligible to participate in the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant(s) incase a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s).
3. In the event the Participant is found to be in violation of any applicable laws at any point of time during the Auditions, 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 Auditions.
5. ASCPL 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, 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. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Submit/Post” button. 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 Auditions/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 Auditions 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 Participant acknowledge that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant fully understand this aspect of the Program and shall neither hold the Production House/ ASCPL liable for any such depiction nor shall make any claims in respect of the same against the Production House/Star and/or the Channel or any of its representatives and/or the Jury.
8. The Company reserves all rights to make amendments to the Auditions 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 Auditions on the Website and /or the Platforms from time to time. ASCPL also reserves the right to cancel and/or postpone the Auditions/Program without any prior intimation to the Participant.
9. The Participant undertakes and represents that Participant should not have been convicted under criminal laws and/or should not be disqualified under ant applicable law from participating in the Auditions/ Auditions. The Participant represents that the Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Auditions /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.).
10. 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 Auditions. The Participant (s) agree 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 ASCPL in its sole and absolute discretion.
11. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and/or the public. The Company further reserves the right to, at its discretion any time during the telecast of the Program re-introduce the Auditions for the purpose of introducing new Participants for participating /competing in the Program.
12. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.
13. The Channel/ASCPL reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and also ASCPL/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.
14. 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.
15. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the 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.
16. The Participant(s) agrees that the Participant shall not during the Auditions/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 Production House and/or the Channel to civil and/or criminal proceedings.
17. 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 Auditions or the Program or the Participants, names and identity of the selected Show Players, Judges 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 Production House/ the Channel without the prior written consent of the Company.
18. 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 Auditions /Program/ Show.
20. If the operation of the Show/ Auditions/ 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/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participants.
21. Notwithstanding a Participant 's participation in the Show/ Auditions there is no obligation on the part of the Company to broadcast any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.
22. The Participant(s), specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot during the Auditions/Show or the Program on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and unconditionally 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 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.
23. In consideration of being afforded an opportunity to participate in the Program/Auditions, 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 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 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 hereby agree the Participant(s) shall not 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 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.
24. The Participant(s) waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the, the Participant(s) 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 Videos submitted and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.
25. The Participant agree and acknowledge that the ASCPL shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Materials in respect of their 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/Auditions or any ancillary event related to the Program/Auditions).
26. The Participant agree that the Participant shall make themselves available from time to time and co-operate with the Channel and/or ASCPL and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions 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.
27. the 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. ASCPL 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 ASCPL or the Channel without notice to the Participant and without any further compensation to the Participant.
28. The Participant agree that in consideration of being given opportunity to participate in the Auditions ,they shall hold harmless the main sponsor (if any), Channel, ASCPL its employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions 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 against the Production House and/or the Channel and/or ASCPL to claim any damages or reliefs or otherwise.
29. The Participant agree to keep ASCP, the Channel, its affiliates, 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 Entry by ASCPL and /or any of its affiliate companies and/or channels.
30. The Participant agrees that ASCPL shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. the Participant acknowledges and understands that the participation in the Auditions by the Participant is at their own risk. ASCPL shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.
31. Certain information relating to the Production House, ASCPL, the Program, Channel, will be disclosed to the Participant(s) by the Production House and/or STAR which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/ASCPL, as the case may be, and is valuable, special and unique to the business of Production House/Star India, as the case may be. Participant(s) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.
32. 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.
33. 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.
34. 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.
36. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by ASCPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant and their legal / natural guardians who has raised the dispute.
37. Subject to the provision of 38 above, the Courts having exclusive jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Chennai, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.