Super Singer 9 = Mid wildcard voting T&C
Terms & Condition
These rules for voting (“Voting Rules”) uploaded on http://www.startv.com/legal-terms-policies/#contest-tandc (“Website”) shall be binding on each Viewer (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily wishes to vote for the Wild Card Participants (defined below) in respect of the program titled “Super Singer Season -9” (“Program”) produced by Asianet Star Communications Private Limited (“ASCPL/STAR/Company”) aired on the channel STAR Plus (SD and HD) (“Channel”).
I. PRINCIPAL RULES
The following are the Principal Rules for Voting Mechanism (defined below) to vote for the Wild Card Participant (s) for the Program on the Channel conducted by ASCPL:
1. The Program is a musical reality program wherein participants above 18 years (“Participants”), across India individually compete against each other by voluntarily participating and /or being part of various selection processes, auditions (on ground as well as digital) or levels of selection as per the format of the Program. On the basis of the Participant’s performance, caliber, singing techniques, screen presence, interaction with audience and overall personality at every level /stage of the selection process of the Program, ASCPL and/or Benny Dayal, Kalpana, Anuradha Sriram and Shwetha Mohan (“Judges”)along with the public voting activity conducted by ASCPL , have in accordance with the format of the Program collectively eliminated Participants and thereafter selected and shortlisted the final contestants (“Final Participants”).
2. ASCPL has at its sole discretion through a similar selection process as conducted for the Participants in a manner as deemed fit by the Company selected , shortlisted and finalized 6 (six) wild card entries for the purpose of gaining entry into the Program through a wild card entry and performing in the wild card round featured in the Program(“Wild Card Participant/s”). The wild card entry episode of the Program featuring the Wild Card Participants shall be telecast on the Channel on 21st January, 2023 and 22nd January, 2023 at 6:30 pm. Basis their performance in the wild card round 2 (two) Wild Card Participants will be selected as explained below:
a) The Judges will evaluate the performance of the Wild Card Participants and select 1 (one) Wild Card Participant who has got highest score;
b) The Judges of the Program shall evaluate the performances of the Wild Card Participants during the Wild Card Episode and rate them on the basis of their singing performance, caliber, singing techniques, screen presence, interaction with audience and overall personality of the Wild Card Participant. Based on the scores, the Wild Card Participant with the highest score will be selected as one of the winners of the Wild Card round / Episode.
c) the Viewers shall Vote (as defined below) in accordance with the Voting Mechanism defined herein for their favorite Wild Card Participant. Subsequent to which 1 (one) Wild card Participant receiving the highest number of Votes will be selected.
d) The 2 (two) Wild Card Participants selected by the Judges and the Viewers as stated in Clause 2 (a) and (b) hereinabove shall be declared the winner of the wild card round and will get an opportunity to participate and compete in the Program with the Final Participants These Final Contestants and Wild Card Participants shall thereinafter perform and compete against each other in the further upcoming televised episodes /rounds of the Program (“Final Rounds”).
3. The names of the Wild Card Participants are as follows:
Wild Card Particpants
Ancy Mary .J
4. The Voting Mechanism (as detailed in clause 11) will open and end for the telecast of the wild card episode during the period tabulated in Clause 11 below (“Period”) in the Territory as mentioned herein. During the Period, the viewers who are citizens of and resident in India, viewing the Program in the Territory (“Viewers/Voters”) can vote for their favorite Wild Card Participant and /or vote for such Wild Card Participant, as per the Voting Mechanism detailed below., if they like the performance of any particular Wild Card Participant.
5. ASCPL may at any time, in its discretion, increase or decrease the Period for voting without any prior notice and liability whatsoever.
6. The Wild Card Participants will perform in the Program which will be telecasted on the Channel on 21st January 2023 and 22nd January 2023 at 6:30 p.m., the voting period shall commence as per the table in Clause 13 hereinbelow in accordance with Voting Cycle from January 21, 2023. It shall be each Viewer’s sole responsibility to periodically check the Website for any update(s) or modification(s) to the timings and dates for telecast of the Program, and/or, for other changes to the Voting Mechanism and/or other details pertaining to the voting.
7. The votes, for each day, should be sent only during the timelines specified hereunder and any votes sent after the respective Voting Cycle (as set out below) shall not be considered and shall be deemed null and void.
8. To participate in the voting, the Viewers must watch/are deemed to have watched the wild card performance episode of the Program being telecast on the Channel on the 21st January 2023 and 22nd January 2023 at 6:30 p.m. The Viewers by participating in the Voting Mechanism will get an opportunity to cast their votes for their favorite Wild Card Participant of the Program.
9. The Viewers interested in voting can participate by choosing to cast their votes for their favorite Wild Card Participant through the mechanism as mentioned below and shall be subject to follow its requirements and rules.
10. Login to Hotstar Application in Android/IOS Device, visit the Super Singer page and click on the Vote now button as more fully described in Clause 12.
11. The above mechanisms together with any other mechanism that the Channel/ASCPL may provide from time to time shall hereinafter collectively be referred to as “Voting Mechanism”. It is clarified that ASCPL can amend or modify or dismiss any of the above-mentioned mechanisms at its sole discretion.
12. Hotstar Voting Mechanism:
A Viewer interested to cast his/her vote, by using Hotstar Voting Mechanism, will be subject to the following mechanism:
12.1. The Viewer will have to Login to their account on the updated Hotstar Application in Android or IOS Device and/or any operational devices, visit the Super Singer page and click on the Vote now button for casting his/her vote through this Voting Mechanism. Viewers are advised to check for updates of the Hotstar application from time-to-time.
12.2. The Super Singer page will list the names of the Wild card Participant in a particular Voting Cycle.
12.3. The Viewer has to cast his/her vote for their desired Shortlisted Participant’s against his / her picture to save him/her from eviction.
12.4. Only a maximum of 10 (ten) votes per day per login, per corresponding Voting Cycle will be allowed through the Viewer’s Android and /or IOS Device and/or any operational devices for a particular Shortlisted Participant.
12.5. The Viewer will not be charged in the Hotstar Voting Mechanism to cast the vote, however, there may be cost levied to the Viewer, at the applicable rate, by the network provider for using internet connection which should be verified by the Viewer at his/her sole responsibility. In case of casting vote while roaming in different circle/zone, additional roaming rates for browsing of the internet may be applicable. ASCPL and/or Channel and/or Hotstar shall not be responsible for any such charges incurred by the Viewer and all charges for browsing/using internet to cast such vote shall be borne solely by the Viewer.
13. In the Voting Mechanism, the Viewer should cast his/her votes for a particular Wild Card Participant(s) of their choice, during the respective Voting Cycle (as defined below) and any vote cast after the respective Voting Cycle shall not be considered as vote(s). The Voting Cycle for choosing the Wild Card Participant shall consists of four (04) days commencing from the voting Start time and ending on the voting End Time (“Voting Cycle”) as detailed below, with effect from January 23, 2023, or such other date as mentioned on the Channel:
|Voting start time
|Voting end time
|No. of votes per login ID per day
Only a Maximum of 10 (ten) votes will be allowed per day per login, during the Voting Cycle. The Viewers may cast 10 (ten) votes allowable per day to any one or more of the Wild Card participants of their choice. For avoidance of doubt, it is clarified that the maximum votes allowed per login during each Voting Cycle shall be 40 [@ 10 votes (max.) per day]. Any number of votes cast exceeding the limit mentioned hereinabove, will not be considered and shall be null and void.
14. Votes sent after the Period and/or after the applicable Voting Cycle as tabulated in clause 13 hereinabove, will not be considered valid and shall be deemed null and void without requirement of any further intimation by ASCPL or the Channel. ASCPL/Channel reserves the right to alter/modify/ reduce or increase the duration of the Voting Cycle as and when it desires without any further liability or notice to any person.
15. Wild Card Participant with the maximum number of votes will be selected as a wild card entry participant to the Program, the Wild Card Participants with lowest number of votes will get eliminated from the Program, in accordance with the format of the Program. It is further clarified that the elimination is purely based on the Cumulative of votes received through the Voting Mechanism, as set out herein. In no event, shall the Wild Card Participants, or the Viewer(s) and /or anyone on their behalf dispute the decision made by ASCPL and/or the Channel or make any claims in this respect in regard to any aspect of the Program and/or the Voting Mechanism including the Terms and Conditions, the format of the Program, selection of the Wild Card Participants, , or declaration of winner of the wild card entry round the selection of Wild Card Participant, the Voting Mechanism and /or Voting Cycle and /or any aspect related to these Voting Rules .
16. ASCPL and/or the Channel reserve the right to modify the format of the Program, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program or at any time during the Period. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time available on the Website. It is further clarified that in case of votes received as per the Voting Mechanism being tied for two (2) or more Wild Card Participant(s), the decision of ASCPL and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and/or challenged by the Viewer(s) in any court of law, to the extent permissible under law. Without limiting the foregoing, under no circumstances will ASCPL, Channel, its assigns and/or affiliates be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, arising in any way whether in contract, tort (including negligence) or otherwise. The Viewer specifically waives his/her right to seek injunctive relief against ASCPL, the Channel, its assigns and/or any of their affiliates or any entity in relation to the Program, and/or the Voting Mechanism, to the maximum extent permitted by law;
17. The details of the Voting Mechanism will be announced during the telecast of the Program on the Channel.
18. Any votes cast before or after the Voting Cycle mentioned in the ‘Voting Mechanism’ shall not be considered valid and will not be counted.
19. The voting is merely to enable the Viewers to choose their favorite Wild Card Participant or to vote for the performance of a particular Wild Card Shortlisted Participant that they have liked. No winners will be declared and/or prizes distributed for the Viewers participating in the Voting Mechanism. Each Viewer participating in the Voting Mechanism agrees and acknowledges that he/she shall not be entitled to any gratification of any nature whatsoever. Viewers shall not be entitled to make any claims in respect of any compensation or gratification whether monetary or otherwise against the Channel, ASCPL and/or the Program or entity in relation thereto.
20. The selection of the Wild Card Participant/s by the Voting Mechanism and/or the decisions made by ASCPL and/or the Channel in any aspect of the Program/Voting Mechanism shall be final and binding on all the Viewers and in no event, shall the Viewers dispute the decision made by ASCPL, Channel and/or its employees/representatives in connection to the same.
1. The Viewer by way of voluntarily participation in the Voting, represents and warrants that he/she has read these Terms and Conditions and that he/she is 18 years old or above. The Viewer further represents and warrants that (i) he/she is not restricted from or under any disability, whether legal, contractual or otherwise which may restrain/prevent him/her from participating in the Voting Mechanism; and (ii) he/she shall comply with the applicable laws and these Terms and Conditions and the Policies. Failure of any Viewer to comply with the Terms and Conditions and/or the Policies will disqualify such Viewer from participating in the Voting Mechanism and/or render the vote cast by such Viewer null and void.
2. Proof of age, if requested, of the Viewer(s) must be submitted to ASCPL as may be required by ASCPL to confirm the eligibility of the Viewer(s).
3. ASCPL and/or the Channel reserves all rights to make amendments to the existing Terms and Conditions, and/or withdraw, change, alter, amend the Voting Mechanism, process of elimination including any Wild Card Participants for a Voting Cycle, the schedule of the Episodes of the Program and/or, Wild Card Participants of the Program and/or any other details of the Program, Terms and Conditions, Period and/or Program etc., at any time, without any prior notice to the Viewer. It is deemed by agreeing to participate in the voting, the Viewer has verified the Terms and Conditions on ASCPL’s website at https://www.startv.com/legal-terms-policies/#wpp
4. ASCPL reserves the right to cancel, reschedule, and/or postpone the Program and/or the Voting Mechanism for any or all Episodes without assigning any reasons and/or without giving any prior intimation or liability to the Viewers or any other person.
5. All viewer(s) are advised to remain in areas with strong and stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting of vote.
6. Viewer(s) agree and acknowledge that there is no prize/gratification in voting for the Wild Card Participant as detailed herein. Viewers shall not be entitled to make any claims in respect of any compensation or gratification whether monetary or otherwise, against the Channel, ASCPL and/or the Program.
7. The Voting Rules shall be advertised sufficiently across the Website and /or the Channel to ensure that no Viewer is misled, and each Viewer fully understands the entire process and costs (if applicable) for voting. It is clarified that all costs towards voting shall be borne by the Viewer solely without any recourse whatsoever to ASCPL and/or the Channel.
8. In case a Viewer(s) is found to be in non-conformance of the Voting Rules, then ASCPL will be entitled to at its sole discretion disqualify the Vote(s) received from that Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible by law, the same shall not be disputed or challenged.
9. Neither ASCPL nor the Channel or any of its affiliates including Hotstar shall be responsible in any manner whatsoever for any acts or omission of any third party service providers including anynetwork problems, technical failures, interruptions, disruptions, malfunction, system failure whatsoever and/or the data charges/costs charged by the network operator(s) and/or any other problems which may occur due to the failure of the Voting Mechanism or misuse of the Voting Mechanism or any kind of problems in connection thereto. Any dispute in connection to the same should be settled between the Viewers/subscribers and the operator(s) directly without involving ASCPL and/or the Channel in any manner. Notwithstanding anything to the contrary, ASCPL and/or the Channel and/or Hotstar shall in no manner be responsible for the inability, failure of the Viewer to cast any vote or delay in casting of any vote, for any reasons whatsoever, including without limitation network failure, technological reasons or any events beyond ASCPL’s/Channel/Hotstar’s control. Viewers shall not in any circumstances make any claims and, to the maximum extent permissible under law, hereby irrevocably and perpetually waive their right to make any claim against ASCPL, Channel, their employees, directors and its affiliates 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 in the network and /or connections or directly or indirectly due to, to their participation or non-participation in the Voting Mechanism/Show;
10. Neither ASCPL nor the Channel or any of its affiliates including Hotstar shall be responsible for any unauthorized access to any data of any person including any Viewer and/or for any compromise on private / confidential user related, or any other data, including but not limiting to user ids, email address, names, and any other personally identifiable details of the Viewers.
11. Without limiting the provisions of clause 3 of these General Terms, in case of any network failure, technical problem and/or for any reasons whatsoever, ASCPL reserves the right to change the Voting Mechanism or any aspect thereof, and/or cease from accepting votes of the Viewers for any and/or all the Episode(s)/Voting Cycle(s) of the Program or take such necessary steps as it may deem fit.
12. While all attempts will be made to protect the voting data from loss and/or corruption, Viewers agree and acknowledge that all systems are prone to failure and/or hacking attempts. In the event of any data loss, ASCPL may disqualify all the votes received or conduct a re-voting or continue with whatever data available in the manner it deems fit, at its sole discretion without any intimation or liability to any person whatsoever. ASCPL will not be responsible for any damage resulting from the loss of votes/data or action taken by ASCPL on account of the same. ASCPL will not be responsible to make good any loss or dissatisfaction suffered by the Viewer on account of such loss. The Viewer shall not and, to the maximum extent permissible under law, hereby irrevocably and perpetually waives its right to make any claim, raise any dispute, and/or hold ASCPL, Channel, its affiliates liable for any costs, injuries, losses or damages arising out of any unauthorized loss of any data/votes for any reason whatsoever.
13. ASCPL will not permit or entertain any requests or claims to check / audit / challenge the counting, mechanism or part thereof, including any rationale or logic behind the current Voting Mechanism
14. ASCPL and/or the Channel reserve the right to suspend any of the Wild Card Participants in case it has reasonable grounds to conclude that the Wild Card Participants have been accused of any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which the ASCPL and/or Channel may deem to be tantamount to general misconduct. Such Wild Card Participant may be disqualified at any time from the Program irrespective of them being shortlisted as Wild Card Participants for the Voting Mechanism or not.
15. Upon the Viewer’s voting for the favorite Wild Card Participant, the user ID and email ID or phone number from which the Viewer(s) has voted during the Voting Cycle would get registered with the respective network provider(s) who will collate the total number of votes received for each Wild Card Participant and send the same to the audit committee as engaged ASCPL/Channel and the final data will be received by ASCPL/the Channel and as per the results shared by the audit committee, the evicted Wild Card Participant shall be declared. By participating in the Voting Mechanism, the Viewer also represents that the Viewer is the owner or customary user of the mobile phone number from which he/she has placed the call. The Viewers hereby expressly consent to the sharing of their user and email id(s), phone number(s), as per the Voting Mechanism used by the Viewer, with the audit committee engaged by ASCPL and/or the Channel in its discretion. By participating in the Voting Mechanism, the Viewer has authorized ASCPL, to contact the Viewer through email, automatic telephone dialing systems, automatic texting systems and artificial or pre-recorded messages, including without limitation IVR’s and hotlines including in relation to promotion of the Program.
16. Warranty Disclaimer: The Viewer(s) agree that their participation in the Voting Mechanism is at their own risk. To the fullest extent permitted by law, ASCPL, Channel, their its affiliates, and each of their respective officers, directors, employees, third party service providers, and agents disclaim all warranties, express or implied, in connection with the Voting Mechanism, including warranties in respect of fitness for purpose.
17. The Viewer(s) agrees that he/she shall hold harmless and hereby irrevocably and unconditionally releases the Channel, ASCPL, its employees, officers or any other person or entity connected with the Program, the Voting Mechanism, in relation to any injury/damage/harm/loss suffered by him/her, in any manner, whatsoever in connection with the Voting Mechanism or any aspect of these Terms and Conditions, and, without prejudice to the foregoing, to the maximum extent permissible under law, expressly agrees to not file in person/ through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum anywhere in the world against any sponsor of the Program, and/or the Channel and/or ASCPL, or any of their employees, representatives, any person or entity connected with the Voting Mechanism or the Program, to claim any damages or reliefs’ or otherwise. If the Viewer(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding votes will be disqualified.
18. The Channel and/or ASCPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to any person, including the Viewer/voter in any manner whatsoever, in connection to the Program, Voting Mechanism and/or any aspect related thereto.
19. ASCPL and/or the Channel reserves the right to disregard the vote(s) in the event ASCPL/Channel observes any irregularity in the voting pattern of the vote(s) sent by the Viewer(s) and/or if ASCPL/Channel in its knowledge has reason to believe that any Viewer(s) has acted in a fraudulent manner and/or engaged in any deceitful activity in sending the said vote(s). ASCPL and/or the Channel has the right to substitute an alternative voting method at its sole and absolute discretion.
20. The elimination of the Wild Card Participant(s) and/or any other decision(s) made by the Channel and/or ASCPL regarding the Program and the Voting Mechanism shall be final and binding on all the Viewers and in no event, shall the Viewer(s) dispute the decision made by ASCPL, Channel and/or its employees/representatives in connection to the Program, the Wild Card Participants, the Voting Mechanism, or any part thereof.
21. Other third-party websites may provide information in relation to the voting process, timelines or any other information which may appear relevant to the Program, however, the content on such websites is not subject to the control of ASCPL, and the owners of such third party websites, may be independent from ASCPL. ASCPL does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewers basis such information.
22. Viewer(s) shall not attempt to transmit any unauthorised content including but not limited to services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters. Viewers shall not in any manner transmit or attempt to transmit any content that is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; or violates any law for the time being in force; deceives or misleads the addressee about the origin of such material or messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
23. By voting and/or proceeding to participate in the Voting Mechanism it is deemed that the Viewers have read, understood, accepted and unconditionally and irrevocably agreed to abide with all the Terms and Conditions of the Voting Mechanism and other Policies.
24. The Viewer(s) agrees and acknowledges that nothing contained herein or otherwise, imposes an obligation on ASCPL and/or the Channel to run the Voting Mechanism.
25. By participating in the Voting Mechanism, each Viewer acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with these Terms and Conditions, 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 participating in the Voting Mechanism (if any). Notwithstanding the foregoing, under no circumstances will ASCPL and/or the Channel and/or Hotstar, or any of their employees, officers, directors, representatives, 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.
26. Each Viewer hereby acknowledges and agrees that the relationship between the Viewer and ASCPL, Channel, and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
27. Each Viewer acknowledges that in case the performance of the Voting Mechanism and/or any provisions of these Terms and Conditions cannot be fulfilled due to war, industrial action, flood or any Act of God or any reasons beyond the control of ASCPL or the Channel, then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days or more, then ASCPL shall be at liberty upon its sole discretion to terminate the Voting Mechanism forthwith without any intimation or liability to any person, and such decision shall be final and binding.
28. In case any portion/clause of these Terms and Conditions are deemed invalid or becomes unenforceable or prohibited by the law of the country or any order of a court or judicial/regulatory authority, such portions shall be considered divisible, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision were not included herein.
29. Notwithstanding anything to the contrary, ASCPL and/or the Channel makes no representation and/or warranty regarding the Program, the Voting Mechanism, and hereby expressly disclaims all representations and warranties, expressed or implied including warranties of fitness for a purpose.
30. The Viewer(s) agree that the Viewer shall have no right and to the maximum extent permitted by law hereby expressly, perpetually, and irrevocably waives any right to restrain or injunct or enjoin, or attempt to restrain or injunct or enjoin, the development, production or exploitation of the Program and/or the continuance of the Voting Mechanism.
31. These Terms and Conditions, and the Policies, shall constitute the entire agreement between ASCPL, the Channel, and each Viewer with respect to the subject matter contained herein, superseding any prior agreements between ASCPL, the Channel, and the Viewers regarding the same. The Viewer acknowledges that the representations, warranties, indemnities, governing law, dispute resolution, warranty disclaimer, exclusion of damages, and all waivers by the Viewer, shall survive the efflux of time.
32. All and any costs direct and/or indirect, in relation to the participation in the Voting Mechanism, shall be borne by the Viewer and in no manner whatsoever shall ASCPL and/or the Channel, be responsible or liable for the same. The Viewer hereby agrees to indemnify ASCPL, the Channel, its officers, directors, representatives, and employees, from and against any claims that may arise from their acts or omissions while participating in the Voting Mechanism.
33. These Terms and Conditions shall be construed in accordance with the laws of India, notwithstanding the conflict of laws principle, and any dispute or any other matter arising in reference to any aspect of these Terms and Conditions including the Voting Mechanism, shall be subject to the exclusive jurisdiction of the Courts in Chennai, Tamilnadu