Super Singer - Popular Choice
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 participate in the Voting Mechanism (as defined hereunder) of the contest titled “Super Singer- Popular Choice (“Contest”) in respect of the program titled “Super Singer” (“Program”) produced by Star India Private Limited (“STAR INDIA/Company”) aired on the channel STAR Jalsha (SD and HD) (“Channel”).
I. PRINCIPAL RULES
The following are the Principal Rules for Voting Mechanism (defined below) for the Program on the Channel conducted by STAR INDIA:
1. The Program is a music based reality program wherein contestants between the age of 14 to 70 years (“Contestants”), across India individually compete against each other by voluntarily participating and /or being part of various selection processes, auditions or levels of selection as per the format of the Program.
2. On the basis of their performances, caliber, singing skills , versatility , screen presence, interaction with audience and overall personality at every level /stage of the selection process of the Program, STAR INDIA and/or Shantanu Mukherjee, Abhijeet Mukherjee, Rupankar Bagchi, Lopamudra Mitra, or any other person appointed at the sole discretion of STAR INDIA as judges on the Program (collectively “Judges”) shall at their sole discretion select and shortlist the final contestants (“Final Contestants”). These Final Contestants shall thereinafter perform and compete against each other in the further upcoming televised episodes /rounds of the Program (“Final Rounds”). The Judges shall evaluate the performances of these Final Contestants in the Final Rounds basis the aforementioned parameters and .or any other criteria as deemed fit by them and shortlist 6 (six) Final Contestants who shall then compete with each other in the finale episode of the Program to be shot on 3rd and 4th of October 2020 (“Finale Episode”). On the basis of the performance of these shortlisted Final Contestants and the final scores awarded to them by the Judges basis the aforementioned parameters, the final winner of the Program shall be selected and; declared on the Finale Episode of the Program (“Show Winner”).
3. This Contest is a special award -category under the name of “Popular Choice” (“Category”) wherein the 6 (six) Final Contestants who have been selected to participate and be part of the Finale Episode are nominated for public voting under the Category (“Nominees”). Star India reserves the right to change/alter the list of Nominees at any time. During the Period, the Viewers in the Territory shall on the basis of the overall popularity, talent, performances of the Nominees cast their Vote (defined below) for their favorite Nominee(s) as per the Voting Mechanism provided below. The Nominee with the maximum Votes as per the Voting Mechanism under the Category shall be declared as the winner of Super Singer Popular Choice Award and felicitated with a cash prize of Rs.1,00,000/- (Rupees One Lakh only) in the Finale Episode (“Award Winner”). For avoidance of doubt it is clarified that this Award Winner is separate from the Show Winner. Further it is clarified that this Award Winner shall be solely finalized and declared basis this Voting Mechanism.
4. STAR India reserves the right to promote the Contest through on-air (promos, astons, bugs etc.), , online and any other manner as STAR India may deem fit, at its sole discretion, stating the Voting Mechanism in which the Viewers (s) can participate in the Contest.
5. The Voting Mechanism (as detailed below in this clause 5 ) is applicable only for the Contest and shall be open in the Territory from September 12, 2020 at 22:00 hours Indian Standard Time (IST) and will conclude on September 30, 2020 at 24:00 hours 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 Viewer (s) to check the Terms and Conditions for the Contest on the Channel and /or the Website from time to time. STAR India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Viewer (s).
(i) The Voting Mechanism, including the Voting Keywords allotted to each Contestants (Nominees) shall be communicated to the Viewers during the Period via, Program Promos, Astons, Contestants bite promos, Anchor / Contestant announcements during the telecast of the Program, digital promotion etc, To vote for their favorite Nominee(s) under this Contest, the Viewers shall send an SMS through their mobile number selecting the Voting Keywords allotted to their favourite Nominee in the prescribed format and /or any other format as prescribed on the Website from time to time during the Period to 9246033777 (“Vote”). This SMS/Vote sent by the Viewer(s) will be deemed to be received when the Viewer receives a return message from the number 9246033777, “ Thank you for your Entry, Stay tuned to Star Jalsha. If you wish to receive different show updates from Star Jalsha then SMS “JALSHA YES” to 9246033777 ”.
Name of the Contestant
(ii) It is further clarified that at one time, each Viewer (s) shall be entitled to cast his/her Vote for his /her favorite Nominee under the Category of the Contest only once. For the purposes of the Contest, the Viewer(s) shall be required to cast his /her Vote for his/her favorite Nominee through SMS in the format and as per the voting code, i.e. Nominee Code as provided above,
(iii) It is clarified that each Viewer can give only 1(one) Vote through SMS for a particular Nominee from one mobile number. Multiple votes for the same Nominee from single mobile number will be deemed invalid. However, for avoidance of doubt it is clarified that Viewer(s) shall be free to vote other Nominees under the same Category from the same mobile number simultaneously during the Period.
(iv) For purposes of this Contest, “receipt” of Vote(s) occurs when the mobile/network operator records the Vote upon the Viewer(s) sending the SMS and the Viewer (s) receives a thank you message. Any automated receipt confirmation does not constitute proof of actual receipt.
(v) Votes sent after the Period will not be considered and shall be deemed null and void without requirement of any further intimation by STAR India.
(vi) For the purposes of participating in this Voting Mechanism, sending their Vote through SMS for their favorite Nominee, under each Category(s) of the Contest during the Period in the format and the appropriate voting code by the Viewer (s) shall be considered as a complete and valid Vote. For the avoidance of doubt, by submitting the Vote the Viewer (s) is representing that the Vote or contents thereof are not confidential or comprise any sensitive personal information.
(vii) If any costs are incurred by the Viewer to participate in the Voting Mechanism through SMS shall be solely borne by the Viewer without any recourse to Star India in the manner as set out herein below.
6. It is further mandatory that the mobile number through which the Viewer participates in the Contest via SMS is duly registered in his/her name.
7. STAR INDIA and/or the Channel reserve the right to modify the format of the Program, this Contest and/or any element thereof, list of Nominees, Final Rounds, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time.
8. The Voting Mechanism will be announced through program promos, Astons, Anchor mention during the telecast of the Program on the Channel etc., starting from September 12, 2020 and/or on the Website.
9. The Viewers can cast their Votes for only those Nominees who are nominated under the Category of the Contest. Any Votes sent by the Viewers for the Nominees who have not featured in any of the respective Category shall not be considered and shall be considered null and void.
10. The Voting is merely to enable the Viewers to choose their favorite Nominee (s) or to Vote for their favorite protagonist from the Channel’s programs or shows. No winners will be declared and/or prizes distributed for the Viewers participating in the Voting Mechanism. Viewers are not entitled to make any claims in respect of this against the Channel, STAR India, and /or the Program. For the sake of clarity, the opportunity to Vote in the Program shall be the only valuable consideration afforded to the Viewer and the Viewer shall not be offered any prize, monetary or otherwise in return of the Viewer’s participation in this Contest. The Viewer understands and agrees to not dispute the same.
11. The decisions in respect of the selection of the Nominees and the selection / declaration eventual Winner made by STAR India and/or the Channel shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR India, Channel and/or its employees in connection to the same.
12. The Nominee(s) shortlisted and selected by Star India and the Channel are at their discretion and are binding on the Viewer and in no event shall the Viewers dispute the decision made by STAR India, Channel and/or its employees in connection to the same.
13. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Viewer(s) and in no manner whatsoever shall the Channel/STAR India, be responsible for the same.
II. General Rules
1. The Viewers interested in voting must be above the age of 18 (eighteen) years and a citizen and resident of the Territory. The Viewers should not have any criminal conviction or an arrangement or a contract that prevents the Viewers from voting.
2. Proof of age, if requested, of the Viewer(s) must be submitted to STAR INDIA as may be required by STAR INDIA to confirm the eligibility of the Viewer(s).
3. STAR India reserves all rights to make amendments to the existing Terms and Conditions or withdraw, change, alter, amend the Voting Mechanism, process of Voting, Nominee and Category Codes, Terms and Conditions, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms and Conditions on this Website, from time to time.
4. STAR INDIA reserves the right to cancel and/or reschedule the Program and /or the Final Rounds and/or extend or alter the Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the Viewer(s).
5. Viewer(s) agree, understand and acknowledge that there is no prize/gratification for voting in the Voting Mechanism and casting of Votes for the Final Contestant(s) as detailed herein.
6. The Voting Rules shall be promoted 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 STAR INDIA or the Channel.
8. 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, technical disruption, connection failure, electricity failure, any other reason whatsoever and/or the cost of SMS or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving STAR INDIA.
10. 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. Star India has the right to substitute an alternative voting method at its absolute discretion.
11. Voters shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.
12. Star India reserves the right to suspend any of the and/or Contestant(s) in case it has reasonable grounds to conclude that the individual(s) have been alleged in any public domain and/or social media websites for any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which may tantamount to general misconduct. Votes for such suspended Contestant shall not be counted towards the final counting of the Award Winner.
13. To the extent permissible in law, Viewer(s) shall not in any circumstances make any claims against STAR INDIA, and /or any celebrities appearing the Program, 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 voting. If the Viewer(s) is found to be ineligible, or if they have not complied with these Voting Rules, the corresponding entries will be disqualified.
14. By casting their Vote, each Viewer(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Award Winner and/or the Winner of the Program, Vote, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Voting Mechanism (if any), notwithstanding the foregoing, under no circumstances will STAR INDIA and/or STAR INDIA 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.
15. 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 Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to voting/Voting Mechanism. Each Viewer in consideration of being given opportunity to Vote, agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, and /or any celebrities appearing on the Program, STAR INDIA, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewer, in any manner whatsoever in connection with the Voting Mechanism, Votes and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
16. STAR INDIA will endeavour that the entire Voting Mechanism shall 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 independent audit firms /companies/auditors (as the case may be) to audit the entire Voting Mechanism during the telecast of the Program and keep updated records of the same. Such auditors and /or their representatives shall also remain present on the sets of the Program. Employees of and/or consultants of and/or persons hired on contract by STAR INDIA and the sponsors of the Program, if any, and the members of their immediate family are ineligible for voting for the Program. Further, the audit firm/ agency will share the voting result on October 1, 2020, following which the result of Super Singer Winner of Popular Choice will be declared during the telecast of Finale Episode of the Program.
17. All Voters are advised to remain in areas with strong and stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting vote.
18. Standard SMS rates may or may not be applicable for Viewers to participate in the voting process through SMS. It will be Voter’s responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of casting vote while roaming in different circle/zone, additional roaming rates may be applicable. Star India shall not be responsible for any such charges incurred by the Voter.
19. Star India will not permit or entertain any requests or claims to check / audit / challenge the logic of the current voting rules.
21. By the act of voting, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Program, in any manner whatsoever to the extent permissible under law.
22. Any votes casted outside the voting timelines mentioned in the ‘Voting mechanism’ above shall not be considered valid and will not be counted.
23. Each Viewer(s) hereby acknowledges and agrees that the relationship between the Viewer(s) and STAR India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
24. Viewer(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.
25. Viewer(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 Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).
26. The Viewer(s) shall comply with the laws of India.
27. 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 our control, their owners may be independent from us and Star India does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewers basis such information.
28. These 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 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, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Viewer who has raised the dispute.
29. Subject to the provision of 28 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 Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.
30. In case of any queries, please write to firstname.lastname@example.org setting out your concerns/issues. We shall endeavor to reply to the same in reasonable time, however, no reply shall not construe to acceptance or the query raised.