STAR MAA PARIVAR AWARDS - 2023
Popular Choice Category Awards - RULES FOR VOTING
These rules for voting (“Voting Rules”) uploaded on https://www.disneystar.com/legal-terms-policies/#ctc (“Website”) shall be binding on each voter (“Voter(s)”, “Voter”, “You” and/or “You're") who is a citizen of and resident of India (“Territory”) and who voluntarily desires to participate in the Voting Mechanism (as defined below) for the Popular Choice Category Awards (“Voting”) for the Category (as defined below) in respect of the program titled “STAR MAA PARIVAR AWARDS - 2023” (“Program”) produced for and on behalf of Star India Private Limited (“STAR INDIA/Company”) to be aired inter alia on STAR INDIA’s and/or its network of channels and/or any other platforms as deemed fit by Star India (hereinafter collectively referred to as “Channel”).
Voting is an integral part of the Program. The following are the Principal Rules for the Voting Mechanism (defined below) for the Voting conducted by STAR INDIA for the promotion and viewer engagement of the Program on the Channel:
1. The Program is an award show wherein, based on the overall popularity of the on-screen characters, the favorite and /or popular protagonists and artists across various programs /shows of the Channel ‘Star Maa’ (“Nominees”) are selected and shortlisted by Star India and nominated under 4 (four) popular categories namely - (a) Best Parivar (5 Nominees), (b) Best Romantic Couple (5 Nominees), (c) Best Wife (5 Nominees), and (d) Best Husband (5 Nominees) for voting under the Voting Mechanism as set out below (hereinafter collectively referred to as “Category”) at its sole discretion. Star India reserves the right to change/alter the list of Nominees under each Category at any time. During the Period (defined below), the Voters in the Territory shall basis the overall popularity, talent, and performances of the Nominees cast their Vote (defined below) for their favorite Nominee(s) under the Categories as per the Voting Mechanism provided below.
2. STAR INDIA shall promote the Voting through on-air (promos, Astons, bugs, etc.), social media pages or platforms of the Channel, and any other manner as STAR INDIA may deem fit, at its sole discretion, stating the Voting Mechanism in which the Voter(s) can participate in the Voting.
The Voting Mechanism (as detailed below in paragraph 4 of Principal Rules) is applicable only for the Voting and shall be open in the Territory on 4 October 2023 at 00:00 hrs Indian Standard Time (IST) and will conclude on 14 October 2023 at 23:59 hrs IST (both dates inclusive). STAR INDIA reserves all the rights to make amendments to the Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Voter (s) to check the Voting Rules for the Voting on the Channel and /or the Website from time to time. Star India also reserves the right to cancel and/or postpone the Voting without any prior intimation to the Voter(s).
3. The Voting Mechanism for the Voting during the Period within the Territory is as provided below:
I. SMS VOTING MECHANISM:
(i) It is further clarified that at one time, each Voter(s) shall be entitled to cast his/her Vote for his /her favorite Nominee under only one particular Category of Voting. For the purposes of the Voting, the Voter(s) shall be required to cast his /her Vote for his/her favorite Nominee under such particular Category To cast his/her vote for their favorite Nominee(s) for each Category, the Voter(s) shall during the Period, log on to the Website by following the instructions specified therein (“Vote”) and shall send an SMS through their mobile numbers in the following format:
• For Best Parivar - SMPA<space>BP<space>A/B/C/D/E and send to 9222211199
• For Best Romantic Couple - SMPA<space>BRC<space>A/B/C/D/E and send to 9222211199
• For Best Wife – SMPA<space>BW<space>A/B/C/D/E and send to 9222211199
• For Best Husband - SMPA<space>BH<space>A/B/C/D/E and send to 9222211199
• and any other format for other Categories as may be prescribed on the Website and/or on the Channel from time to time during the Period (“SMS/Vote(s)”).
(ii) Through SMS in the format and as per the voting code, i.e. the Category Code and Nominee Code as mentioned above
(iii) It is clarified that each Voter can give only 1 (one) Vote against each category during the Period for a particular Nominee from a specific mobile number. Multiple votes for the same Nominee from a single mobile number will be deemed invalid. However, for the avoidance of doubt, it is clarified that the Voter(s) shall be free to vote for other Nominees under the same Category from the same mobile number simultaneously during the Period.
(iv) SMS/Vote sent by the Voter(s) will be deemed to be received when Star India receives the vote, being recorded by respective mobile/network operators. Star India shall not be responsible for any Vote submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature. Any automated receipt confirmation does not constitute proof of actual receipt.
(v) For the purposes of participating in this Voting Mechanism, sending their Vote through SMS for their favorite Nominee, under each Category(s) of the Voting during the Period in the format and the appropriate voting code by the Voter(s)shall be considered as a complete and valid Vote. For the avoidance of doubt, by submitting the Vote the Voter(s)is/are representing that the Vote or contents thereof are not confidential or comprise any sensitive personal information.
(vi) If any costs are incurred by the Voter to participate in the Voting Mechanism through SMS shall be solely borne by the Voter(s) without any recourse to Star India.
(vii) For the purposes of this Voting Mechanism, Voter(s) who are subscribers of all the Networks shall be able to participate in the Voting Mechanism /Voting and the standard SMS charges levied by the respective Network Operator and/or as per the pack opted by the subscriber(s) of respective Network Operator shall be applicable for such SMS.
(viii) Votes sent after the Period will not be considered and shall be deemed null and void without the requirement of any further intimation by STAR India.
(ix) The Voter(s) can use the same registered mobile number for voting in different Categories but can vote only once for a particular Nominee in a particular Category. If any Voter(s) trying to vote again for the same Nominee in the same Category from the same mobile number, the same shall be considered invalid.
4. It is further mandatory that the mobile number through which the Voter(s) participates in the Voting is duly registered in his/ her name.
5. Any unclear/incorrect/incomplete SMS/ information, including but not limited to typing wrong characters shall be considered invalid and deemed null and void. For the avoidance of doubt, by submitting the Votes, the Voter(s) is representing that the entry or contents thereof are not confidential or comprise any sensitive personal information.
6. In addition to the Votes garnered from the Voters for their favorite Nominee(s) under the Categories through the Voting Mechanism, STAR INDIA will conduct judging through the members of a jury constituted and created by STAR INDIA for any and /or all of the categories other than the Category(s) to the members of the public during a period as deemed fit by STAR INDIA at its sole discretion. It is clarified that the constitution of the aforementioned jury, the judging mechanism, and the period of judging for such jury members shall be decided by STAR INDIA at its sole discretion.
7. At the end of the Period, the total number of Votes received for the Categories under the Voting Mechanism will be calculated for the respective Categories and accordingly, the Nominee(s) with the highest Votes under each Category of the Voting Mechanism shall be declared as the winner of that particular Category (“Winner”) in the Program. The Winners shall be announced at the on-ground event, i.e Star Maa Parivar Awards 2023 during its telecast on the Channel. The calculation of votes may be done by an automated system or any other manner, as decided by Star India at its sole discretion. The Voter(s) shall in no event dispute and/or challenge the selection of the Nominee /Winner under any Category so selected/declared for any reason whatsoever. It is further clarified that Star India and/or the Channel reserve the right to modify the format of the Program and accordingly the rules for Voting Mechanism at any time, at its sole discretion, during the Period and it shall be the sole responsibility of the Voter(s) to check the terms and conditions including Voting Rules on the Website from time to time. It is further clarified that in case of the selection and declaration of Winner(s), the decision of Star India and/or the Channel shall be final and binding on the Voter(s) and the same shall not be disputed and challenged in a court of law, to the extent permissible under law.
8. The Voter(s) can cast their Votes for only those Nominees who are nominated under the particular Category. Any Votes sent by the Voter(s) for the Nominees who have not featured in any of the respective Category shall not be considered and shall be considered null and void.
9. The Voting is merely to enable the Voter(s) to choose their favorite Nominee (s) or to Vote for their favorite protagonist from the Star Maa Channel’s programs or shows. No winners will be declared and/or prizes distributed for the Voter(s) participating in the Voting Mechanism. Voter(s) are not entitled to make any claims in respect of the same against the Channel, Star India, and /or the Program. For the sake of clarity, the opportunity to Vote in the Voting shall be the only valuable consideration afforded to the Voter(s) and the Voter(s) understands and agrees to not dispute the same.
10. The decisions in respect of the selection of the Category and /or Nominees and the selection/declaration eventual Winner under each Category made by STAR India and/or the Channel shall be final and binding on all the Voter(s) and in no event shall the Voter(s) dispute the decision made by STAR India, Channel and/or its employees in connection to the same.
11. The Nominee(s) shortlisted and selected by Star India and the Channel are at their discretion and are binding on the Viewer and in no event shall the Voter(s) dispute the decision made by STAR India, Channel and/or its employees in connection to the same.
12. The Voter(s) shall not in any circumstances make any claims against STAR India 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 Voter(s) participation or non-participation in the Voting Mechanism or any related activity. If the Voter is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Votes will be disqualified.
13. The Voter(s) shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the Website on which this Voting is hosted.
14. All and any incidental costs direct and/or indirect, in relation to the Voting, shall be borne by the Voter(s) and in no manner whatsoever shall the Channel/STAR India, be responsible for the same.
1. The Voter(s) participating in the Voting must have completed the age of 18 (eighteen) years or above and must be a citizen and resident of the Territory. The Voter(s) should not have any criminal conviction or an arrangement or a contract that prevents the Voter(s) from participating in the Voting of the Program.
2. Proof of age, if requested, of the Voter(s) must be submitted to STAR INDIA as may be required by STAR INDIA to confirm the eligibility of the Voter(s).
4. STAR INDIA reserves the right to cancel and/or reschedule and/or suspend and/or postpone the Program and/or extend and/or alter the Period without assigning any reasons and/or without giving any prior intimation to the Voter(s). Such decision shall be final and binding on the Voter(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the Voter(s).
5. Voter(s) agree, understand, and acknowledge that there is no prize/gratification for Voting in the Voting Mechanism and casting of Votes for the favorite Nominees under different Categories as detailed herein.
6. The Voting Rules shall be advertised sufficiently across the Website and /or the Channel to ensure that no Voter is misled and each Voter fully understands the entire process and costs (if applicable) for Voting. It is clarified that all costs towards voting shall be borne by the Voter solely without any recourse whatsoever to STAR INDIA or the Channel.
7. Voter(s) agree and irrevocably acknowledge that STAR INDIA shall have the sole and exclusive right including but not limited to intellectual property rights in and to the Program, the format of the Voting Mechanism and all its components whatsoever, throughout the world and for perpetuity
8. Voter(s) agree and acknowledge that nothing contained in these Voting Rules will be deemed to constitute a grant of license/ assignment and/or transfer of any rights in and to the Voting Mechanism, Program whatsoever from STAR INDIA in Your favour.
9. Voter(s) hereby represent that Voter(s) is not under any disability, restriction, or prohibition, whether legal, contractual, or otherwise, which shall prevent Voter from performing or adhering to any of the Voting Rules herein and have not entered into and shall not enter into any agreement that may violate the Voting Rules herein; You hereby undertakes to comply with all the applicable laws.
10. Voter(s) undertake that the Voter(s) shall not upload, store, collect, transmit or cause the upload, storage, collection, or transmission, of any information through the Website which violates any applicable laws, including, inter alia, belonging to another person; or is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, objectionable; infringes the proprietary rights of any person; harms minors in any way; violates any law for the time being in force.
11. Voter(s) agree that Voter(s) shall not either directly or indirectly, reverse engineer, decompile or disassemble, make any enhancements, modifications, customizations, changes, additions, translations, create derivative works based on the Website and the software thereunder and/or copy software, export, sell, license, sub-license, rent, lease, transfer or otherwise dispose of or encumber rights of STAR INDIA in and to the software or use in any manner to prejudice the system/ mechanism to allow unfair practices such as multiple votes, blocking of votes and/or affect the transparency of voting, STAR INDIA reserves the right to take appropriate action including criminal action in such an event.
12. STAR INDIA reserves the sole and absolute right to disqualify the Voter(s) and/or Vote(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Voter or in the event of breach of any of these Voting Rules by the Voter, at any point in time during the Period or otherwise.
13. You acknowledge that the Your representations, warranties, indemnities, dispute mechanism and obligations shall survive the efflux of time and the termination of these Voting Rules.
15. STAR INDIA shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network/connectivity, technical disruption, technical glitches, connection failure, electricity failure, any other reason whatsoever and/or the cost of the internet or Wi-Fi or SMS charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Voter(s) and the internet/telecom/mobile operator directly, without involving STAR INDIA.
17. While all attempts will be made to protect the Voting data from loss and/or corruption, Voters agree and acknowledge that all systems are prone to failure and/or hacking attempts. The Voters agree and acknowledge that no system is fail proof and/or un-hackable. In the event of any data loss, STAR INDIA shall make reasonable endeavors and may disqualify all the Votes received or conduct a re-voting or continue with whatever data is available in the manner it deems fit. STAR INDIA shall not be responsible for any loss of data or action taken by STAR INDIA on account of the same. STAR INDIA will not be responsible to make good any loss or dissatisfaction suffered by the Voter on account of such loss.
18. Star India reserves the right to disqualify Votes or suspend voting if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig/manipulate the voting. In the event the Voting has to be suspended or becomes unavailable due to any reason, including but not limited to technical issues, force majeure, fraud, hacking, etc., STAR INDIA reserves the right to revise the Votes and the Winners at its sole discretion. The Voters shall not be permitted to question or challenge any such revision by STAR INDIA.
19. Star India has the right to substitute an alternative voting method at its absolute discretion.
20. Voters shall not attempt to transmit content regarding services, products, surveys, Votings, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.
21. To the extent permissible in law, Voter(s) shall not in any circumstances make any claims against STAR INDIA, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, accidents, deaths, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in Voting. If the Voter(s) is found to be ineligible, or if they have not complied with these Voting Rules, the corresponding entries will be disqualified.
22. By casting their Vote, each Voter(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Winner of the Program, Vote, 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 Voting Mechanism (if any), notwithstanding the foregoing, under no circumstances will STAR INDIA and/or its affiliates 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.
23. STAR INDIA is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Voter(s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Voting/Voting Mechanism. Each Viewer in consideration of being given an opportunity to Vote, agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, and /or any celebrities appearing on the Program, STAR INDIA, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewer, in any manner whatsoever in connection with the Voting Mechanism, Votes and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer 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.
24. Voting Mechanism will be managed /conducted on a fair and equitable basis and in accordance with applicable laws of India. For this specific purpose STAR INDIA, will at its sole discretion, appoint external audit firms /companies/auditors (as the case may be) to audit the Voting during the Period and keep updated records of the same. Employees of and/or consultants of and/or persons hired on contract by STAR INDIA and the sponsors of the Program, if any, and the members of their immediate family are ineligible for Voting for the Program.
25. You represent and warrant that neither You nor Your immediate family member(s) are the employees of and/or consultants of and/or persons hired on contract by STAR INDIA and the main sponsor of the Program, if any.
26. Star India will not permit or entertain any requests or claims to check / audit / challenge the logic of the current voting rules including any complaints from any individuals, fan clubs, corporates or any publications including bloggers and social media groups.
28. By participating in Voting, it shall be construed that the Voter(s) has waived its right to raise any dispute with regard to the Voting, in any manner whatsoever to the extent permissible under law.
29. Any Votes casted outside the voting timelines mentioned in the ‘Voting Mechanism’ above shall not be considered valid and will not be counted.
30. Each Voter(s) hereby acknowledges and agrees that the relationship between the Voter(s) and STAR India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
31. Voter(s) acknowledges that in case any portion/clause of these Voting Rules 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 Voting Rules shall be valid and binding and of like effect as though such provision was not included herein.
32. Voter(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of a Vote 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 Voting Rules and if such inability to perform such obligation continues for a period of fifteen (15) days, then STAR INDIA shall be at liberty and upon their sole discretion to terminate any such Vote(s) of a Voter(s) forthwith and such decision shall be final and binding on the Voter(s).
33. The Voter(s) shall comply with the laws of India.
34. Other third-party websites may provide information related to the voting process, timelines or any other information that may be relevant to the Program, however, the content on such websites is not subject to Star India’s control, their owners may be independent of Star India does not endorse or accept any responsibility for their content and casting of Votes (if any) by the Voter(s) basis such information.
35. The Voting Rules shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Voting Mechanism and/or the Program shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Hyderabad, in the English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Viewer who has raised the dispute.
36. Subject to paragraph 35 of the General Rules 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 Arbitration and Conciliation Act, 1996, 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 Hyderabad, India.
37. In case of any queries, please write to firstname.lastname@example.org setting out your concerns/issues. We shall endeavor to reply to the same in a reasonable time, however, no reply shall not construe to acceptance or the query raised.