STAR PARIVAAR AWARDS 2023
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)”, “You” and/or “Your”) who is a citizen of and resident of India (“Territory”) and who voluntarily desires to participate in the Voting Mechanism (defined below) of this voting activity (“Voting”) in respect of the program titled “Star Parivaar Awards 2023” (“Program”) produced for and on behalf of Star India Private Limited (“STAR INDIA”) 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”).
You are also required to click on the tab ‘I ACCEPT’ at the end of the page in order to proceed with the Voting in accordance with the Voting Mechanism. The failure to accept these Voting Rules will disqualify your entry in the Voting.
I. PRINCIPAL RULES
Voting is an integral part of the Program. The following are the Principal Rules for Voting Mechanism for the Voting conducted by STAR INDIA for the promotion and viewer engagement of the Program on the Channel:
- The Program is an awards 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 Plus’ (“Nominees”) are selected and shortlisted by STAR INDIA and nominated under 4 (four) categories namely – (a) Favourite Parivaar, (b) Favourite Jodi, (c) Favourite Pati, and (d) Favorite Patni for voting under the Voting Mechanism as set out below (hereinafter collectively referred to as “Category”) at its sole discretion. During the Period (defined below), the Voters in the Territory shall cast their Vote (defined below) for their favorite Nominee(s) under the Categories as provided on the Website and as per the Voting Mechanism provided below.
- STAR INDIA will 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 Voters (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 August 17, 2023 at 00:00 hrs Indian Standard Time (IST) and will conclude on August 31, 2023 at 23:59 hrs IST (“Period”) (both dates inclusive). STAR INDIA reserves all 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).
- The Voting Mechanism for the Voting during the Period within the Territory is as provided below:
(a) To cast its 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”).
(b) It is clarified that each Voter can Vote only 1 (one) time for a particular Nominee under all the Categories through the mobile number registered in the name of the Voter. For avoidance of doubt, it is clarified that the Voter can Vote for only one Nominees(s) under each Category through the same mobile number. The Voters can use the registered mobile number only once for voting of all Categories and in the event the Voter tries to Vote again through the same mobile number, then the Voter shall not be eligible to cast fresh Vote.
(c) For sake of clarity before Voting, the Voter shall be mandatorily required to submit Personal Information for the Voting. Once the Voter logs on to the Website, the Voter will be prompted to enter its mobile number and agree to these Voting Rules. Once the mobile number is entered in the manner as stated therein and the Voting Rules are accepted by the Voter, the Voter will be required to generate an OTP (One Time Password) which will be sent to the Voter on the registered mobile number as submitted on the Website. Thereafter, the Voter will be required to mention on the Website the OTP received on their registered mobile number within a limited period of 1 (one) hour upon being generated, failing which the Voter will be required to click on resend OTP to generate another OTP if the prior OTP turns inactive. Upon entering the OTP, the Voter will be directed to Vote for the Category(ies). In the event the Voter fails to verify/authenticate the validity of its mobile number or validate the OTP during such mobile number verification by STAR INDIA, then the Voter shall not be able to proceed further with the Voting and STAR INDIA shall have the right to forthwith disqualify the Voter from further participation.
(d) It is hereby clarified that the Voter(s) shall be required to vote for all the Categories; only upon Voting for all Categories such Vote shall be submitted successfully on the Website.
(e) Any unclear/incorrect/incomplete 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.
(f) The Vote of the Voter(s) through the Website will be deemed to be received when the session is completed and the Voter receives a thank you message on the Website.
(g) If any costs are incurred by the Voter to participate in the Voting process, the same shall be solely borne by the Voter.
(h) Votes received by STAR India after Period will not be considered and shall be deemed null and void without requirement of any further intimation by STAR India.
- The Voter represents and warrants that the mobile number through which the Voter participates in the Voting is duly registered in its name.
- 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 including but not limited to 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 period of judging for such members of the jury shall be decided by STAR INDIA at its sole discretion.
- 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. The Nominee(s) shortlisted basis the highest Votes and judging by the jury members under each Category shall be declared as the winner of that particular Category (“Winner”). The Winners shall be announced at the on-ground event, e., Star Parivaar Awards 2023 and 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 Voters 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 Voting and/or 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 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.
- The Voters can cast their Votes for only those Nominees who are nominated under a particular Category. Any Votes sent by the Voters for the Nominees who have not featured in any of the respective Category shall not be considered and shall be considered null and void.
- The Voting is merely to enable the Voters to choose their favorite Nominee(s) or to Vote for their favorite protagonist from Star Plus Channel’s programs or shows. No winners will be declared and/or prizes distributed for the Voters participating in the Voting Mechanism. Voters 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 and the Voter understands and agrees to not dispute the same.
- The decisions in respect of the selection of the Category and /or Nominees and the selection / declaration of the eventual Winner under each Category made by STAR India and/or the Channel shall be final and binding on all the Voters and in no event shall the Voters dispute the decision made by STAR India, Channel and/or its employees in connection to the same.
- The Nominee(s) shortlisted and selected by STAR INDIA and the Channel are at their discretion and are binding on the Voter and in no event shall the Voters dispute the decision made by STAR INDIA, Channel and/or its employees in connection to the same.
- 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 it has not complied with these Voting Rules, their corresponding Votes will be disqualified.
- 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.
- Any and all 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.
II. GENERAL Rules
- The Voters participating in the Voting must have completed age of 18 (eighteen) years or above and must be a citizen and resident of the Territory. The Voters should not have any criminal conviction or an arrangement or a contract that prevents the Voters from participating in the Voting of the Program.
- 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) as may be required by STAR INDIA to confirm the eligibility of the Voter(s).
- 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).
- Voter(s) agree, understand and acknowledge that there is no prize/gratification for Voting in the Voting Mechanism and casting of Votes for the Nominee(s) and/or Winner(s) as detailed herein.
- The Voting Rules shall be made available across the Website and /or the Channel to ensure that no Voter is misled, and each Voter fully understands the entire process the Voting Mechanism completely prior to participating in the Voting Mechanism 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.
- 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 Voting Mechanism and all its components whatsoever, throughout the world and for perpetuity.
- 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.
- 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.
- Voter(s) undertake that the Voter(s) shall not upload, store, collect, transmit or cause the upload, storage, collection, 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.
- 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.
- 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.
- 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.
- 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/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Voters and the internet/mobile operator directly, without involving STAR INDIA.
- 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.
- 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.
- STAR INDIA has the right to substitute an alternative voting method at its absolute discretion.
- Voters shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.
- 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 the 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.
- 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(s) and/or Voting, 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.
- 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 Voters in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Voting/Voting Mechanism. Each Voter in consideration of being given opportunity to Vote, agrees that the Voter 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 Voter(s), 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 Voter 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.
- The 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.
- 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.
- 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.
- By participating in the 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.
- Any Votes casted outside the voting timelines mentioned in the ‘Voting Mechanism’ above shall not be considered valid and will not be counted.
- 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.
- 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.
- Voter(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of 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).
- The Voter(s) shall comply with the laws of India.
- Other third party websites may provide information related to the voting process, timelines or any other information which 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 from STAR INDIA and STAR INDIA does not endorse or accept any responsibility for their content and casting of votes (if any) by the Voters basis such information.
- The Voting Rules shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Voting Mechanism, voting 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 Mumbai, and such arbitration shall be conducted in English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Voter who has raised the dispute.
- 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 Mumbai, India.
- In case of any queries, please write to email@example.com setting out your concerns/issues. We shall endeavor to reply to the same in reasonable time, however, no reply shall not construe to acceptance, or the query raised.