Super Singer Mazhai Chaaral T&C
These terms and conditions (‘Terms & Conditions’) which shall be binding on each and every participant (‘Participant’ or ‘You’) who voluntarily agrees to participate in the interactive activity “Mazhai Chaaral Campaign” (‘Activity / Campaign’) which will be hosted by SIPL India Private Limited. (“SIPL/ Company / Star India”) on https://vijay.startv.com (“Website/ Platform”) for the purpose of promotion and viewer engagement of the program in Tamil language titled “Super Singer Season 9” (“Program”) on its channel ‘Star Vijay’ (“Channel”). Please read the following Terms and Conditions before participating in the Activity/ Campaign) conducted by SIPL ). 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 Activity / Campaign shall be governed by the Terms & Conditions and all the Participants in the Activity / Campaign shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Activity / Campaign. The decisions of SIPL for all matters relating to the Activity / Campaign shall be final and binding in all respects.
SIPL reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on the Website unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Activity / Campaign shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defence in any proceeding with regard to the Activity / Campaign.
The Personal Information will be used for the Activity/Program, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by the Company, in respect of the Activity/Program on the channel(s) owned by the Company and/or the digital platform (namely the ‘Disney+Hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd or such other platforms at the sole discretion of the Company and/or the Production House. The Personal Information will be shared by the Company with the Production House, the Panel, Judges and the public at large, in connection with the Program. The Company will be collecting and retaining the Personal Information of the Participants.
The Company has informed the Participant(s) of his/her rights to: (i) review his/her Personal Information and the Participant(s) Personal Information for deficiencies and inaccuracies, and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify such entry and/or participation in the Activity / Campaign and /or Program, as deemed fit and necessary by the Company at its sole discretion.
All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel/Judges be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information. The Company has provided the Participant(s), with the option to opt out of providing his/her Personal Information and the Participant(s) Personal Information, and the Participant has not exercised such option.
a. The Activity/Campaign will commence on May 29, 2023 and will end on June 18, 2023 (“Activity Period / Campaign Period”) on the respective Platforms.).
b. “Company/SIPL” means Star India Private Limited.
c. “Participant(s)” means any natural person(s) who is 18 (eighteen) years or above as of, 29th May 2023, being a citizen and resident of the Territory as per the applicable laws and enters the Activity/Campaign individually or along with a partner or as part of a group/music band (such group not exceeding 05 (five) number of persons) in accordance with the terms detailed below.
d. “Production House” means Media Masons, the Production House engaged by the Company to produce the Program.
e. “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 SIPL 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 SIPL 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, AVOD 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 (w Activity Period / Campaign Period hether 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.
f. “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.
g. “Works/Materials” shall mean and include Video/Audio (as defined herein), sound recording, Entries, including any form of artistic works, works of authorship , performances and services made by the Participant (s) or compilation, artistic works and /or musical and lyrical works developed, created, discovered, invented or otherwise brought into existence by the Participant (s) during the course of Activity/Campaign and any other Intellectual Property created/ generated by the Participants during the course of participation in the Activity/Campaign.
1. Eligibility criteria for Participants (The Participants can participate individually or as a group/music band):
(a) Participants who are 18 (eighteen) years or above as of, May 29, 2023 ,being a citizen and resident of the Territory as per the applicable laws and enters the Activity/Campaign individually or along with a partner or as part of a group/music band ( such group not exceeding 05 (five) number of persons) in accordance with the terms detailed below
(b) if the participants are a group/music band, each participant in the group/music band should be of 18 (Eighteen) years and above as on May 29, 2023, Indian citizen and resident of India, as per applicable laws; and
(c) Such other criteria provided under these Terms & Conditions.
2. The Campaign / Activity will be conducted during the Campaign Period/ Activity Period on Website/Platform, which may be accessed by the interested Participants through any device capable of receiving data and with access to the Internet, including but not limited to mobile phones. Participants who voluntarily choose to enter in the Activity / Campaign are required to register themselves for the Campaign / Activity by following the procedure set out in these Terms and Conditions.
3. The Company shall promote the Campaign / Activity through on-air (promos, astons, bugs etc.), print, 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 eligible Participant(s) can participate in the Campaign / Activity, wherein the Participant(s) can get details of the Campaign / Activity, timings, etc.
4. Campaign/ Activity Procedure for participation :
Music composer, Mr.Vidyasagar had during episode number 46 of the Program partly composed a musical composition in Tamil language based on lyrics /literary works provided by the participants of the Program and the same was telecast on April 30, 2023 in the Channel (“Song”). The link of the Song is available @ https://vijay.startv.com (“Link”). This Campaign and /or Activity is to invite interested Participant/s to complete the musical composition of the remaining portion of the Song including but not limited to music , lyrics, along with full instrument and music orchestration. The Participant/s shall submit their completed Song as a Video or Audio (as detailed in Clause 4 (b) hereinbelow) in the Website.
(a) To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following:
i. have to login to the Website / Platform at his/her sole discretion to register for the participation in the Campaign /Activity by submitting / furnishing his/her valid Indian Mobile Number. It is clarified that the option to exercise registration either through a registered mobile number is the discretion of the Participant/s and it is further clarified that for the purpose of registering and participating in the Campaign / Activity it is mandatory that the valid Indian mobile number submitted by the Participant should be registered in his/her name only, failure to comply with this pre requisite will automatically cause such Participant’s registration / Entry to be invalid. For the sake of clarity, if a group/music band registers to participate in the Campaign /Activity then the lead / representative of the group/music band must furnish his/her valid Indian Mobile Number.
ii. Upon entering into the Website, a registration form shall be displayed in the website and the same is required to be filled by the Participant(s) who shall fill in all the relevant and necessary details as stated and enumerated therein and upon submitting their Video or Audio (as defined hereinafter) on Website, in accordance with the requirements and criteria as laid down for the Campaign / Activity herein. The Participant(s) shall submit the following personal details of the Participant including but not limited to name, contact number(s), e-mail id and/or any other information/documentation as sought by the Company, at its discretion during the Campaign / Activity Period (“Personal Information”) in a manner and form, as requested and /or prescribed on the Platform. For avoidance of doubt, for the purposes of participating in the Campaign / Activity during the Campaign / Activity Period set out hereinabove, registering through a valid mobile phone number and/or a valid mail ID vide the medium of the Platform is mandatory for all interested Participants.
iii. It may be clarified that the Participant participating in the Campaign / Activity may register on the Platform only once through a particular mobile phone number of themselves. Accordingly, the Personal Information required by the Company may only pertain to the Participant. It is further clarified that if the Participant has already registered and submitted Entries (as defined below) and Video or Audio on the Website multiple times through a particular registered mobile numbers (as applicable) during the same Campaign Period, then only the first Entry from that particular registered mobile number during the Campaign Period shall be considered and all subsequent Entries submitted (if any) during the Campaign Period shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Campaign / Activity. Additionally, it is clarified that a specific Participant cannot register and submit Entries (as defined below) on the Website through multiple registered mobile numbers during the same Campaign Period. In such cases only the first Entry submitted by the Participant through a particular mobile number shall be considered for such Campaign Period, and the others shall be deemed invalid. Further, it is clarified that if the Participant submits Entry as both Video and Audio on the Website it will be considered as one single Entry of that Participant.
iv. Once the mobile phone number (as applicable) is registered in the manner as stated therein, an OTP (One Time Password) will be sent to the registered mobile phone number (as applicable) submitted by the Participant(s). The Participant(s) will be required to mention the OTP received on their registered Mobile Number within the permitted time as mentioned therein on the Website, post which, the Participant will be able to proceed further with the registration process. In the event the Participant(s) fails to verify /authenticate the validity of his/her mobile number or validate the OTP during such mobile verification by the Company, the mobile number shared by the Participant is found to be false and /or unauthenticated and /or fabricated and /or the said mobile number not registered in the Participant’s name, then the Company shall have the right to forthwith disqualify the Participant from further participation and his/her Entry shall immediately be considered to be null and void.
(b) Video/Audio or Link of Video/Audio Upload Functionality:
i. The Participant(s) shall be required to access Link to download the Song.
The Participant(s) shall thereinafter be required to complete the Song, including but not limited to its musical ad /or video recording of thend lyrical composition along with full orchestration (the Participant(s) can use required instruments for their composition). by making either an audio an same in mp4, .mov – video or audio in mp3,.wav - audio format The completed song should not exceed 5 (five) minutes and 50 mb (referred to as “Video/Audio”).
ii. It may be clarified that Video or Audio uploaded in any other format other than that prescribed or having an unclear audio or video will be deemed invalid and will be disqualified.
iii. The Video or Audio or link of Video or Audio is to be uploaded by the Participant on the Website / Platform by following the instructions and as per the terms specified on such Platform and click on “Submit” button. A confirmation message is displayed on the screen. The Company and/or Production House will not send any confirmation SMS / e-mail to the Participant for confirming and acknowledging the registration. If the Participant/s choose/opt to submit the video/audio of the completed song as link, then the Participant/s can post the drive link or an unlisted video link which can be downloaded or viewed by the Company. For purposes of the Activity, “receipt” of Video or Audio occurs only when the Platform’s website server records receipt of the Video upon the entrant clicking “Submit/Post/Upload” button and the Video appears on the homepage /news feed of the respective Platform. It may be clarified that Company shall not separately notify any Participant in respect of acceptance/due submission of the Audio/ Video(s) uploaded.
iii. If at any point of time the Company finds that the mobile number shared by the Participant(s) 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 Activity/ Campaign, by uploading Video or Audio file or link of Video or Audio file, 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) Video or Audio is original and is created by the Participant(s), (ii) the Video or Audio submitted by the Participant 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 Video or Audio, such material and all rights therein and that no other person or party has right or interest in the Video or Audio as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Video or Audio shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Video or Audio are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant has not granted any rights in the Video or Audio to the prejudice of any rights granted to the Company hereunder (vi) the Video or Audio is not violative of or in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Video or Audio for the purpose of the Campaign / Activity 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 Video or Audio 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 Video or Audio or reject the Video or Audio 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 Video or Audio. 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 Video or Audio 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 Video or Audio 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 Video or Audio 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 Campaign / Activity, logging onto the Platform during the Activity / Campaign Period, furnishing the Personal Information in the mode and manner as prescribed, mandatorily uploading Video or Audio by the Participant/s shall be considered as a complete and valid entry (“Entry” or “Entries”). It may be clarified that once the Entry is uploaded on the website, he/she shall not be entitled to re-submit any information, including but not limited to Video or Audio and such Entry submitted by him/her shall be considered final and valid Entry for the purpose of the Campaign / Activity. Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if the Participant fails to upload the Video or Audio or provides a fake email ID or fails to furnish Personal Information in the manner prescribed or if the Video or Audio submitted is not in conformity with the specifications stated herein, then his/her Entry shall be considered incomplete, and the Participant(s) shall be disqualified from participating further in the Activity / Campaign. 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 the Campaign / Activity 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, 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 Activity / Campaign.
ix. Entries received after the Activity / Campaign Period will not be considered for the Campaign / Activity 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.
(c) Winner/s Selection and Gratification:
a. At the end of the Campaign Period on the basis of the Participant(s) having made a valid Entry, all the Video or Audio on the Website/ Platform and fulfilling the criteria set out herein shall be collectively viewed and rated by a panel comprising of the representatives of SIPL as determined by SIPL in its sole discretion. This panel shall rate the Video or Audio of he completed song on the basis of the composition, performance of the performer, lyrics, instrumentation, talent and creativity of the Participant and /or any such other criteria as may be solely determined by SIPL at its sole discretion and accordingly shortlist Participants.
b. At the end of the Campaign Period, SIPL will select one (1) winner or more than one (1) (“Winner/s”) at the sole discretion of SIPL, out of the Participant(s) having made a valid Entry, received by SIPL during that Campaign Period, on the basis of the Entry fulfilling the criteria set out herein and the following:
• Good and meaning full lyrics that suits the original tune composed by Mr. Vidyasagar;
• The tune/lyrics should be the original work of he Participant ;
• Good tune/composition for the stanza;
• Neatly presented orchestration;
• Good vocals;
• Good audio quality;
C. The sole gratification for the Winner shall be that the Winner (individually or as group/music band) will be invited to perform the song composed by the Winner in the grand finale of the Program at SIPL’s sole discretion (“Gratification”). Participant(s)/Winner(s) agree that the above Gratification is the only prize for the Winner of the Campaign / Activity and no monetary prize will be awarded to the Winner. For avoidance of doubt, it is clarified that SIPL’s decision in regard to the selection and declaration of the Winner shall be final and binding. For the sake of clarity, mere participation in the Activity / Campaign does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are subsequently declared as Winner(s) based on the criterion mentioned hereinabove, by SIPL at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Activity / Campaign Period will not be considered for the Activity / Campaign and shall be deemed null and void.
c. All decisions of SIPL in this regard shall not be subject to any appeal of any nature whatsoever. Participation in the Campaign / Activity shall be construed to mean that the Participant(s)/Winner has waived his/her right to dispute any decision(s) made by SIPL in relation to the Campaign / Activity and/or Gratification, to the extent applicable under law. The Participant(s)/Winner undertakes to do any and all acts and execute and deliver any and all documents in such manner and at such location as may be required by the Company in its sole discretion.
d. The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Winner(s) agrees and undertakes that no cash equivalent or alternative prize will be given to the Winner(s) and the Winner(s) cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Winner(s) and the Winner(s) cannot transfer the Gratification to any other person.
e. The Winner(s) shall not in any circumstances make any claims against the SIPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the winner’s participation in the Campaign / Activity or any related activity, to the extent permitted under law. If the Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
f. SIPL shall in no manner whatsoever be responsible for security of Participant(s)’s /Winner(s)’ Entry be liable for any use/misuse of the same by any person by way of hacking or otherwise.
g. Limitations of liability: by entering the Campaign, each Participant acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Campaign, or any gratification awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Campaign (if any). Notwithstanding the foregoing, under no circumstances will SIPL and/or SIPL entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
x. The Participant(s) agrees and consents to the use by SIPL of the Material and/or Video or Audio forming part of the Entry on the respective Platforms, any other social media page of SIPL or as SIPL may deem fit for the purpose of promotion of the Contest. Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby assigns in favour of SIPL a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, on an outright basis ,all Intellectual Property vested in the in the Entries including the Material forming part of it, to Exploit the Material in any manner deemed fit by SIPL at its discretion including but not limited to any other social media platform page of SIPL, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Contest, as deemed fit by SIPL. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Rules and Regulations. The Participant(s)/Winner(s) waives off his “Moral Rights” with respect to the Material or any part thereof as required. The Participant agrees and authorizes SIPL to digitally modify, edit, truncate, the Material uploaded and submitted by the Participant(s) in any manner whatsoever. The Participant(s)/ Winner(s) undertake not to create any lien, charge, or other encumbrance, on the Entry and /or Material at any time without the prior written consent of SIPL. The Participant agrees that SIPL shall be entitled to exploit the Material including the modified Material in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Material in any manner deemed fit by SIPL in its sole discretion. It is agreed that all rights, title, and interest in the Material including rights in any form of intellectual property and rights in any form of exploitation will be owned by SIPL throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Material and /or Entry and /or modified video by SIPL or any third party authorized by SIPL, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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. For the purposes of this Contest, “Exploitation/Exploit” shall mean as defined in the definition herein above.
xi. Neither SIPL nor its employees have given a guarantee regarding the quality of the Prize and /or and the Winner(s) and /or agree not to hold SIPL and its employees, responsible with regards thereof.
xii. By participating in the Contest, it is construed that the Participant(s)/Winner(s) has read and understood these Principle Rules including the General Rules stated below and has agreed to abide by the same.
xiii. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Participant (s) and in no manner whatsoever shall SIPL be responsible for the same.
xiv. Irrespective of whether the Participants have been disqualified and /or their Video/Audio have not been shortlisted by the jury of SIPL, SIPL shall continue to have the right to Exploit and /or publish the Video/Audio submitted by the Participants on any platforms owned by SIPL worldwide in perpetuity.
xv. For avoidance of doubt it is clarified that the final selection of the Winners made by SIPL shall be final and binding on all the Participants and in no event shall the Participants dispute the decision made by the SIPL or its employees. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning shortlisting of Video/Audio to qualify for the Activity/Campaign, the decision of SIPL shall be final and binding.
1. The Activity is strictly open to Participant(s) who attained 18 (Eighteen) years and above, as of May ---, 2023, being an Indian citizen and residing in India during the Activity / Campaign Period and the Program, as per the respective applicable laws of India.
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; are ineligible to participate in the Activity / Campaign. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, nationality 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 the Participant(s) in case discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) 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 Activity / Campaign, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such a disqualified Participant shall not be eligible to proceed further in the Activity / Campaign. It is the onus of the Participant to ensure that their participation is as per the applicable laws of the country of which they are citizens and residents of. In case it is found to be otherwise by the Company and/or Production House, then immediately such Participant shall be disqualified.
4. Participant(s) represent to the Company and/or Production House that the Participant is free and competent to participate in the Activity / Campaign; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company and/or Production House respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honoring any of the Terms and Conditions stated herein.
7. SIPL and/or Production House 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 and/or the Production House 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 with 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.
8. The Company and/or the Production House 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 any aspect related to Activity/Campaign. The Participant(s) shall hold harmless the Channel, Company, Production House, 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 Activity / Campaign 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.
9. The Company/SIPL/Production House reserves all rights to make amendments to the Activity / Campaign Period, Levels of Activity or and existing Terms and Conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions for the Activity / Campaign on the Website and /or the platforms from time to time. SIPL also reserves the right to cancel/terminate and/or postpone the Activity / Campaign at any point of time without any prior intimation to the Participant. and also SIPL/Channel/Production House is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Activity / Campaign.
10. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Activity/ Campaign. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Activity / Campaign. The Participant(s) by entering into the Activity / Campaign represents and confirms that the Participant 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.).
11. The Participant(s) will be required to furnish necessary supporting documentation in original (i.e., birth certificate, passport, aadhar card etc.) and/or any other documentary proof as may be required by the Company and/or Production House to confirm the eligibility of the Participant(s) at any stage of the Activity / Campaign. 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 SIPL and/or Production House in its sole and absolute discretion.
12. The Company also reserves the right to change the process of the Activity / Campaign (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Activity / Campaign, without any prior intimation to the Participant and/or the public.
13. Participants must enter the Activity / Campaign voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.
14. In the event of any fault, misunderstanding or dispute concerning any part of the Activity/ Campaign, the decision of the Company shall be final, and binding and each Participant shall without limitation be bound by such decision of the Company.
15. The Participant(s) shall not during the Activity/Campaign 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.
16. 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 Activity / Campaign 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 and/or Production House.
17. The Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or the Program and/or Production House 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 Activity /Program/ Show.
19. If the operation of the Activity/ Campaign (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 the current Covid 19 Pandemic or any act beyond the reasonable control of the Company or any guidelines set up by the State / Central Government for shooting during the current Covid 19 Pandemic (“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 Activity /Campaign and such decision shall be final and binding on the Participants.
20. Notwithstanding a Participant's participation in the Campaign/ Activity, there is no obligation on part of the Company to broadcast any or all of his / her contribution as recorded by the Company.
21. Participant (s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), 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 Activity/Campaign or any related series of sound recordings and video recordings which have been shot/filmed/recorded during the Activity/Campaign 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 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.
22. The Participant(s) waive off their “Moral Rights” with respect to the Materials/ participation in the Activity/ Campaign. Further, the Participant(s) further 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’/ ‘live performance’ within the meaning of the Indian Copyright Act, 1957.
23. The Participant agrees and acknowledges that the Channel /SIPL 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 or any such Footages 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/Activity or any ancillary event related to the Program/Activity).
24. The Participant shall make themselves available from time to time and co-operate with the Channel and/or SIPL and/or Production House and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Activity without any money payable/ any consideration to the Participant. Further, the Participant shall at no point of time refuse or disagree for participation of the Participant(s) in any such Promotional Activity for any reason whatsoever.
25. 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 for all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. SIPL 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 SIPL or the Channel without notice to the Participant and without any further compensation to the Participant.
26. The Participant(s) agree that in consideration of being given opportunity to the Participant to participate in the Activity / Campaign, they shall hold harmless the main sponsor(s) (if any), Channel, SIPL, Production House, 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 Activity / Campaign and /or Entry and /or any aspect related to their participation in the Activity / Campaign 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 SIPL to claim any damages or reliefs or otherwise.
27. The Participant(s) agree to keep SIPL, the Channel, Production House, its 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 including the Video / Posters / Memes etc, by SIPL and /or any of its affiliate companies and/or channels.
28. The Participant agrees that SIPL and/or Production House 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 Activity / Campaign including but not limited to travelling anywhere and anytime and undertake the performances in any promotional activities in connection with the Show/Program. The Participant acknowledges and understands that the participation in the Activity / Campaign is at their own risk. SIPL and/or the Production House shall not be responsible for the Participant’s safety during the Activity / Campaign, 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 Activity/Program is at his/her own risk.
29. Certain information relating to the Production House, SIPL, the Program, Channel, will be disclosed to the Participant(s) by the Production House and/or SIPL 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”). Participant(s) agree that Confidential Information whether disclosed orally or in writing, is the property of Production House/SIPL, as the case may be, and is valuable, special and unique to the business of Production House/SIPL, 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 from the Program/Activity.
30. 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.
31. 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.
32. Participant(s) 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.
33. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Activity / Campaign and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by SIPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Chennai, India, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participants who has raised the dispute.
34. Subject to the provision of 33 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 reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Chennai, India. The Participant(s) agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.