Suvarna Superstar
Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Pvt Limited. 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 following terms and conditions (“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “SUVARNA SUPERSTAR” (“Program”) and shall be binding on each participant (“Participant” Contestant”, “Your” and/or “You”) residing in and is a citizen of India only (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by Company (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and/or its network of channels and/or any other channel as deemed fit by Company (hereinafter collectively referred to as “Channel”).
By proceeding further You are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law.
These Terms and Conditions shall be irrevocably binding on each Participant and their respective family (jointly and severally) voluntarily participating in the Auditions. Company will have access to and collect information and data shared by the Participant including but not limited to Participant’s, their respective family members and/or any minor personal information as part of the family of the Participant for the purposes of the Auditions and/or Program. By participation in the Auditions, the Participant hereby jointly and severally consents on behalf of herself and her family – members including minors participating as part of the Family to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by Company, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at https://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://www.startv.com/legal-terms-policies/#pdp (collectively the “Privacy Policy”).
Notwithstanding anything to the contrary, each Participant, shall be eligible to participate in the Auditions only if the woman is 18 years old or above. By participating in the Auditions, it is deemed that the Participant has read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Participant’s act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance on his/ her behalf as well as on behalf of his. her family members participating in the Auditions and /or Program to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of Company as prescribed from time to time. If the Participant does not agree to be bound or cannot comply with any of the Terms and Conditions, the Participant should not continue. Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify the Participant’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.
DEFINITIONS
“Digital Auditions” means different levels comprising of Level 1 and Level 2 3 of the selection process of the Auditions as detailed hereunder and any additional levels as may be incorporated thereinafter by the Company in the process of the Auditions at any point of time at its discretion, to be conducted inter alia in the manner as set out hereunder, which the Participant(s) is required to qualify for further Levels, if any and qualify for participating in the Program.
“On Ground Audition(s)” shall, if applicable, mean different levels comprising of Level-1 and Level-2 of selection process of Auditions as detailed hereunder and any additional levels as may be incorporated thereinafter by the Company in the selection process of the Auditions at any point of time at its discretion, to be conducted inter alia at the Audition Center(s), which the Participant(s) is required to qualify and pass for participating in the Program.
“Audition(s)” shall mean jointly and/or severally the Digital Auditions and/or On Ground Auditions and different Levels of selection process to be conducted inter alia in the mode and manner as detailed hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify to participate in further Levels for participating in the Program
“Digital Audition(s) Period” shall mean the period commencing from November 1, 2020 and continues till tentatively April 30, 2025 for different levels of auditions or such other date stipulated and/or updated by the Company and/or Production House at its sole discretion on the website suvarna.startv.com (“Website”/ “Platform”). The participant are required to check the Website from time to time to ascertain the changes/alterations in the process. The Digital Auditions Period can be extended or reduced by the Company and/or Production House at its sole discretion from time to time.
“On Ground Audition(s) Period” shall, if applicable, commence from 1st week of July 2023 and on such dates fixed & announced by the Company and/or Production House at its sole discretion through the Channel, Website and/or any other medium, which is required to be checked by the Participant(s) from time to time. The period can be extended or reduced by the Company at its sole discretion from time to time.
“Audition Centre(s)” shall if applicable mean any locations /venues in the state of Karnataka which will be announced by Company and/or Production House where the Participant(s) need to make themselves available for different levels of Auditions at the sole discretion of the Company and /or as per the communications issued by the Company and /or available on the Website from time to time
“Company ” means “Star India Private Limited” (The Asianet Star Communications Pvt Ltd has been Amalgamated with Star India Private Limited with effect from 10th May, 2023)
“Contestant(s)/Participant(s)” shall mean all participants where the woman is at least 18 years old or above as on April 11, 2024 and should not be above 80 years for the purposes of the Auditions. All participants including the Participant and her family members have to be Indian citizens and residents of India in order to be eligible to participate in the Auditions and in the Program, as the case may be, either individually; or along with a partner or as part of a group in accordance with these Terms and Conditions detailed below.
“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 Company 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 Company 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 (whether 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.
“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.
“Level(s)” shall mean collectively levels 1 and 2 of the Auditions. The term “Level(s)” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.
“Program” means the Show(s) which shall be tentatively titled “SUVARNA SUPERSTAR”.
“Production House” means Gnapika Entertainments Pvt Ltd for production of the Program. The Company may appoint any other Production House for conducting On-Ground Auditions
"Show(s)" means each episode(s) of the Program including any Special Show(s).
“Show Player(s)” means the final selected Contestant(s) who are selected through the process of the Audition(s) (both Digital and On-Ground Auditions) as enumerated below to participate in the Program.
“Special Show(s)” means any episode/s of the Show recorded with Contestant(s) who belong to a category other than that specified hereunder, which may include celebrities or children special, or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition.
“Studio" means any venue/ location as deemed fit by the Company for filming of the Program.
“Works” shall mean and include Footage (as defined below) any any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of Auditions/Program/Show or the Auditions and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions/Program/Show.
PRINCIPAL RULES
1. Eligibility criteria for Participants:
(a) Participants who are between 18 (eighteen ) completed years and 80(Eighty )years i.e. 18 (Eighteen) years or above and 80 (Eighty)years or below as on 20th June, 2023.
(b) Participants who are Indian citizens and resident of India, as per applicable laws; and
(c) Such other criteria provided under these Terms & Conditions
2. The Auditions are an integral part of the Program. The Digital Auditions will be conducted on Website during the Digital Audition Period and/or On Ground Auditions during Period as may be decided by Company at absolute discretion of the Company, in the Audition Centre(s) located in the Territory and the interested Contestant(s) shall be required to upload the required information on the Website and/or shall be present at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below.
3. On Ground auditions may or may not take place at the sole discretion of the Company and/or Production House basis the current Covid 19 pandemic scenario. Company/ is under no obligation to go for On Ground Auditions or shooting of the Program and is also under no obligation to inform prospective Participants about the same. The Participants are unconditionally bound to update themselves on the same from the Website.
4. The Digital Auditions will be conducted during the Digital Auditions Period on Website/Platform, which may be accessed by the interested Participants through any device with access to the Internet, including but not limited to mobile phones. Participants who voluntarily choose to enter in the Auditions are required to register themselves as Participant in the Auditions by following the procedure set out in these Terms and Conditions
5. The Company shall promote the Auditions 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 Contestant(s) can participate in the Auditions, wherein the Contestant(s) can get details of the Auditions, timings and venue(s) of Audition Centre. As a part of the marketing strategy for promoting the Auditions and /or the Program on air, Company’s radio partners may promote the Auditions and/or conduct various contests in respect of the Auditions/Program for the listeners across the country.
6. Procedure to register
(a) To register and to participate in the Digital Auditions, the Contestant(s) shall:
i. have to login to the Website / Platform at her sole discretion to register for the participation in the Auditions by submitting/furnishing 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 and it is further clarified that for the purpose of registering and participating in the Auditions it is mandatory that the valid Indian mobile number submitted by the Participant should be registered in her name only and is valid and authentic and failure to comply with this prerequisite will automatically cause such Participant’s registration / Entry to be invalid.
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 The Participant(s) shall submit the following personal details of the Participant including but not limited to Name, Age, Address, phone number, alternate mobile/phone no, Occupation, and/or any other information/documentation as sought by the Company, at its discretion during the Audition 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 Digital Auditions during the Digital Audition 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 Digital Auditions may register on the Platform only once either through a particular mobile phone number of themselves. Accordingly, the Personal Information required by the Company may only pertain to the Participant registering herself. It is further clarified that if the Participant has already registered and submitted Entries (as defined below) and /or uploaded Video(s) on the Website multiple times through a particular registered mobile numbers, then only the first Entry from that particular registered mobile number shall be considered and all subsequent Entries and /or Video(s) shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Auditions. Additionally, it is clarified that a specific Participant cannot register and submit Entries (as defined below) and /or upload Video(s) on the Website through multiple registered mobile numbers. In such cases only the first Entry submitted by the Participant through a particular mobile number shall be considered and the others shall be deemed invalid.
(b) Video Upload Functionality:
i. Once the Participant shares the Personal Information required, he/she shall record one (1) video of the Participant(s) in Kannada language which features the following: (1) a self introduction / background about herself and /her family 2. Showcase or speak about the special skills and talent she has 3. Small introduction abouther family members and finally 4. to mention the reason why she wants to participate in the Program such video shall have a minimum duration of 60 seconds and maximum duration of 5 minutes in .mov or .mp4 format and shall not exceed the size of 64 mb [referred to as “Video”]
ii. the Participant shall upload the Video(s) on the Website / Platform by following the instructions and as per the terms specified on such Platform and after that they have to accept the Terms and Conditions and then click on “Submit” button. Once the Video is uploaded on the Platform successfully a message “Thank you” is displayed on the screen of the Platform
iii. If at any point of time the Company finds that the mobile number shared by the Participant(s) and /or any Personal Information and/ 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 her Entry shall immediately be considered to be null and void.
iv. For the purposes of this Audition, by uploading and /or submitting her Video on the Platform, 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 her at the time of registration is true, correct, and accurate. The Participant hereby represents, covenants and declares that (i) the Video is original and is performed/enacted by the Participant(s), (ii) the Video 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, such material and all rights therein and that no other person or party has right or interest in the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Video shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Video are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant has not granted any rights in the Video to the prejudice of any rights granted to the Company hereunder (vi) the Video is not violative of or in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Video for the purpose of the Auditions 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 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 reject the Video 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 her and that she does not refer to any commercial product and/or service in the Video(s). 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 Entry/Video 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(s) 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 material/Entry 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 Digital Auditions, logging onto the Platform, furnishing the Personal Information in the mode and manner as prescribed, on the Website and mandatorily uploading 1 (one) Video shall be considered as a complete and valid entry (“Entry” or “Entries”). It may be clarified that once the Video is uploaded on the website, she shall not be entitled to re-submit any information, including but not limited to any Video and such Entry submitted by her shall be considered final and valid Entry for the purpose of the Audition. Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if the Participant fails to provide upload the Video or provides a fake mobile number or fails to furnish Personal Information in the manner prescribed or if the Video submitted is less than the minimum duration or more than the maximum duration stated herein, then her Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Auditions. 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 Auditions 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, wrong format , technical difficulties , internet problems ,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 Auditions.
ix. Entries received after the Digital Audition Period will not be considered for the Auditions 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.
7. The Company and/or Production House shall not be responsible for any Entries submitted but not received due to any reason whatsoever.
8. The selection and shortlisting process for the Auditions shall be conducted as detailed below for each Level of the Auditions. For the sake of clarity, Participant cannot enter the Auditions without undergoing the process at each Level:
A. LEVEL 1
i. Subject to the Participant(s) having made a valid Entry, all the Video(s) fulfilling the criteria set out herein shall be viewed and evaluated by the Production House and/or the Company and/or its representatives appointed by the Company and/or the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s). Neither the Participant(s) nor any person on behalf of the Participant shall be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.
ii. The Participant(s) shall be evaluated and shortlisted by the Panel on the overall basis of Backstory, Talkative, looks, attitude, talent or any such other criteria determined by the Company/Production House at its sole discretion.
iii. All Participant(s) selected and shortlisted for Level 2 shall be intimated about the selection via telephone to the contact number that has been provided by the Participant at the time of registration or any other mode of communication as the Company/Production House may deem fit at its sole discretion, and the Participant (s) shall be solely responsible for checking the calls received from the Company and/or the Production House. Such communication by the Company and/or Production House shall also give brief details of next level of audition i.e. Level 2, date and time of the Auditions, etc. The Participant shall be required to give confirmation of the Participant’s participation for Level 2 Auditions upon receiving a call. The telephonic call from the Company and/or Production House shall also provide details of the medium (which shall be audio-visual conferencing/ zoom call or google duo, WhatsApp call or phone call or other similar platform/media) and requirements for the Level 2 Auditions which the Participant shall be required to confirm and make necessary arrangements for the same, prior to the Level 2 Auditions. It is clarified that in the event the Participants have not installed the necessary software or otherwise met the necessary requirements for the Level 2 Auditions, the Participant shall not be eligible for the Level 2 Auditions and shall consequently be disqualified. The Participant hall be provided with a minimum of 15 days’ notice to be available for the Level 2 Auditions for the Participants.
iv. Participant(s) shortlisted at Level 1 shall be required to be available as per the requirement and instructions of the Company and/or the Production House, as may be informed by the Company and/or Production House in advance, to participate and perform in Level 2 Auditions, on specific dates and time and manner of conducting such Auditions, as decided and communicated by the Company. In the event the Company and/or Production House conducts the Level 2 Auditions via / zoom call or google duo, WhatsApp call or phone call or any other similar media , then the Company and/or the Production House will inform the Participant of the same in advance and it shall be the sole responsibility of the Participant to make herself available for such zoom call or google duo, WhatsApp call or phone call or any other similar media. If the Participant fails to make herself available on / zoom call or google duo, WhatsApp call or phone call conference on the date and time as informed by the Company and/or the Production House, the Entry of the Participant will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.
v. The Participant agrees, acknowledges and understands that Level 2 of the Digital Auditions may be conducted via platform or Telephonic Conference as determined by the Company including but not limited to Zoom call, Google duo, WhatsApp video call or Telephonic call etc.
vi. The 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 Auditions and/or the Entry and the Participant shall unconditionally & promptly facilitate the same. By participating in the Level 2 of the Digital Auditions through any of the mediums or platforms viz zoom call, google duo, WhatsApp call, or telephonic call or any media, the Participants hereby agree and undertake that they are unconditionally bound by the Terms of use, Privacy Policy, personal information policy etc of the respective mediums or platforms. In case of any dispute arising out of usage of these mediums or platforms, the Participant is bound to resolve the same directly with the respective mediums or platforms without recourse to the Company.
vii. The Company and/or Production House reserves the right to select any number of Contestant(s) from the Level 1 and shall inform the shortlisted candidates for Level 2 Auditions.. The Participant hall be provided with a minimum of 15 days’ notice to be available for the Level 2 Auditions for the Participants
B. LEVEL 2
i. Participant(s) shortlisted at Level 1 shall be required to participate and perform in Level 2 Auditions, on specific dates and time and via such platform/media in the mode and manner as decided by the Company and communicated to the Participants.
ii. Such Contestant(s) shall be interviewed by the Panel one on one basis and asked to showcase their talent in various fields in which she is successful viz, singing, dancing, mimicry etc, (“Act”) and be further interviewed by the Production House, Company and/ or Panel regarding her personal and professional qualifications, family background. The Participant has to answer the questions correctly and if the answers are found to be incorrect, Company has every right to disqualify her from participating in the Program.
iii.The Company reserves the right to select any number of Contestant(s) from this Level of Auditions, basis the Act and correct answers in the interview. The selected Contestants shall be eligible to participate in the Program as Show Players. The Contestants shall be intimated about their selection via telephone that has been provided by the Participant at the time of registration or any other mode of communication, as the Company and/or Production House may deem fit at its sole discretion, and the Participant shall be solely responsible for checking calls received from the Company and/or Production House.
iv. The 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 Auditions and/or the Entry and the Participant shall unconditionally promptly facilitate the same.
9. ON GROUND AUDITIONS
I. The Company and/or Production House reserves the rights to decide whether to conduct On ground Auditions at its sole discretion,
A. If the Company decides to go ahead and organise and hold On Ground Auditions then
i. The interested Participants shall be required to participate and qualify in two (2) levels of ground auditions (as detailed herein below) to be conducted by the Company and/or Production House at its sole discretion and communicated to the Participants from time to time vide Channel, the Website and /or any other mode of communication as deemed fit by the Company
ii. The Company and/or Production House reserves the right to introduce other prospective shortlisted Contestant(s) who have gone through the similar selection process as the Contestant(s) or such other selection process or through On ground only as deemed fit by the Company and/or Production House. Such decision of the Company shall be final and binding upon all the Contestants
B. PROCEDURE FOR ON GROUND AUDITIONS
Apart from Digital Auditions, the Company has decided to conduct On Ground Auditions commencing tentatively from 1st July, 2023. The On Ground Auditions shall be through Production House to be appointed by the Company.
To register and to participate in the On Ground Auditions( if any), the interested Contestant(s) shall:
a. follow the Company’s announcement on On-Ground Auditions through its Channel, social media pages, digital media or any other media which it deems fit and ascertain the Audition Centres. The Contestants shall attend the Audition Centre in time and fill and execute a registration form or any other document(s) at the Audition Centre and duly submit all personal information including but not limited to documentation as required by the Company and/or Production House as may be required to be submitted by them on the registration form (“Personal Information”) in a manner and form, as requested and /or prescribed therein (“Registration Form”);
b. note down the unique registration code assigned to him/her at the Audition Centre (“Registration Number”) for any references;
c. In case the Contestant is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same the said Contestant(s) shall be disqualified by the Company and/or Production House. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Contestant duly submitted by the Contestant at the Audition Centre] shall be considered a complete entry (“On Ground Entry/On Ground Entries”).
d. In case the Contestant is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same the said Contestant(s) shall be disqualified by the Company. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Contestant duly submitted by the Contestant at the Audition Centre] shall be considered a complete entry (“On Ground Entry/On Ground Entries”).
e. Contestant undertake that all Personal Information, documentation, contents of the Registration Form provided by her at the time of registration at the Audition Centre are true, correct, accurate and original. Any incomplete entry(ies) and /or On Ground Entries with incorrect format/information and/or inadequate information will be considered invalid and will be disqualified from participating in the Auditions. The Channel/Company and/or Production House shall be free at any point of time to contact and/or communicate with the Contestant / for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the On Ground Entry and the Contestant shall unconditionally facilitate the same.
f. All entries at the respective Audition Centre(s) shall be on first come first serve basis between 8.00 am to 3.30 pm and/or any other time as decided and communicated by the Company at its sole discretion. It is further clarified that the Company and/or Production House reserves the right to close the registration process at any of the Audition Centre(s), in any manner it may deem fit at its sole discretion. The decision of the Company and/or Production House in such situations shall be considered final and binding on the Contestant (s) and the Contestant(s) shall not challenge /dispute such decisions. Any entry made after the Audition Period will not be considered for the Auditions and shall be deemed null and void
g. Subject to completion of formalities as prescribed by Company and/or Production House, the Contestant(s)will have to go through Level-1 of On Ground Auditions.
LEVEL-1 OF ON GROUND AUDITIONS
A. It is an interview round on one on one basis and asked to showcase their talent in various fields in which she is successful viz, singing, dancing, mimicry etc (“Act”) and be further interviewed by the Production House, and/ or Panel regarding professional qualifications, communication skills, family background, etc
B. In Level-1 Auditions the Panel shall basis performance in the interview and Act, shortlist the Participants for Level-2 of the Auditions. Company and/or Production House shall be entitled to shortlist any number of Contestants from Level-1 to perform in Level-2
LEVEL-2 OF ON GROUND AUDITIONS
A. The shortlisted Participant(s) from Level-1, shall be evaluated and shortlisted by the Panel on the overall basis of Backstory, Talkativeness, looks, attitude, talent or any such other criteria determined by the Company/Production House at its sole discretion. Basis the criteria, the Company and /or Production House will select any number of Contestant for performing the Program as Show Players.
B. All Participant(s) selected and shortlisted from Level-2, shall be intimated about the selection as Show players via telephone to the contact number that has been provided by the Participant at the time of registration or any other mode of communication as the Company/Production House may deem fit at its sole discretion, and the Participant (s) shall be solely responsible for checking the calls received from the Company and/or the Production House.
10. The Company and/or Production House reserves the right to select any number of Contestant(s) from each of the two modes of Auditions (Digital and On-Ground Auditions), and shall inform the shortlisted candidates of their selection for participating in the Program as Show Players. The timelines for such intimation shall be at the sole discretion of the Company and/or the Production House and the Participant shall not have any right to question for the same
11. The selected Show Player(s) from both Auditions, shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company and/or Production House from time to time.
12. In the event of the failure of any of the Show Player(s) from attending the Studio within the aforesaid timelines for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Program.
13. Such selected Show Player(s) shall be required to mandatorily attend the grooming and act presentation training sessions /workshops , if any, conducted by the Company at such time and place as the Company may deem fit
14. The Company and/or Production House reserves the right to introduce other prospective shortlisted Contestant(s) who have gone through the similar selection process as the Contestant(s) or such other selection process or through On ground only as deemed fit by the Company and/or Production House. Such decision of the Company shall be final and binding upon all the Contestants
15. The Show Player(s) / shall be required to fill and execute the declaration cum indemnity and/or any other document as may be required to be submitted by them on the registration form in a manner and form, as requested and /or prescribed therein (“Participation Agreement)
16. The Participant will be solely responsible to bear all costs of travel, accommodation and all other expenses, should such Participants voluntarily wish to participate in any Audition Centres during the Audition Period and for Televised Auditions. The Company, Production House, will not be involved in any such requests, logistical or other related issues.
17. The Participant(s) will be required to execute any and all legal documents including but not limited to Participant Agreements, as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1 and/or Level 3 if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1 and at Level 3. For avoidance of doubt it is clarified that each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the Participant is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company and/or the Production House.
18. Participant(s) who have previously participated in reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Contestant(s) agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter.
19. The Company and/or the Production House reserves the right to extend the timing or close the gates of the Audition Centre(s), without prior notice to the Contestant(s)
20. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Channel/Company /jury/Panel/Judges shall be final and binding on all the Parent(s) on behalf of the Contestant(s) and in no event shall the Contestant(s) dispute the decision made by the Channel/Company and/or Production House or its employees in connection to the Auditions. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding.
21 The Company and /or the Production house and /or the jury and /or the Panel and /or the Judges (as the case may be) reserve the right to stop/interrupt the performance of the Contestant(s) at any given point during any of the Levels of the Auditions and the Contestant(s) shall have no objection to the same nor shall they raise any objections against the same. It is further clarified that the Company and /or the Production House and /or the jury and /or the Panel and /or the Judges (as the case may be) are not obligated to watch the performance of the Contestant(s) and /or the Act beyond a reasonable time period. For the purposes of this Auditions, reasonable period shall mean 30 (thirty) seconds. The Participant(s) shall abide by the decision of the panel and/or Judges/Company/Production House in this regard.
GENERAL RULES
1. The Auditions is strictly open to only female Participant(s) who are above the age of 18 years (women) being an Indian citizen of and residing in India during the Audition Period and the Program, as per the respective applicable laws of India. It is also mandatory that these Participants and their families can speak and converse in Kannada.
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; 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 a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant 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 Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions.
4. Participant is free and competent to enter the Auditions; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company 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 honouring any of the Terms and Conditions stated herein.
5. Participant, hereby provides her consent for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy, and (ii) the following terms and conditions:
a. The Participant has read, understood and accepted the Privacy Policy and understand and agree that my Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy.
b. The Personal Information may include information inter alia name, date of birth, address, age, gender, marital status, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition and sexual orientation, images, videos.
c. The Personal Information is being collected by the Company/ Production House pursuant to the Terms and Conditions, in connection with the Auditions/Program and it is necessary for the Company/ Production House to collect the Personal Information for the Auditions Program and the uses set out below in (d) below.
d. The Personal Information will be used for the Auditions/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 Auditions/Program on the channel(s) owned by the Company and/or the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd.
e. The Personal Information will be shared by the Company with the Production House, the Panel, and the public at large, in connection with the Program.
f. The Production House will be collecting and retaining the Personal Information on behalf of the Company.
g. The Company has informed the Participant her rights to: (i) review her 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 her Entry and/or participation in the Auditions and /or Program, as deemed fit and necessary by the Company at its sole discretion.
h. 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.
i. The Company has provided the Participant with the option to opt out of providing her Personal Information, and the Participant has not exercised such option.
6. The Participant shall not make any claims against Company , Channel, their directors, employees arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Auditions or any related activity including any unauthorized access of the videos, etc. If the Participant is found to be ineligible, or if she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.
7. Company shall not be responsible in the event any Entry or Entries are not received or submitted due to any error of any nature whatsoever. Company 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 to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. 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 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) and their families in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. The Participant(s) shall hold harmless the Channel, Company, 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 Auditions 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 Participant, acknowledge that they and their families are aware of the fact that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant fully understand this aspect of the Program and shall neither hold the Production House/Company liable for any such depiction nor shall make any claims in respect of the same against the Production House/Company and/or the Channel or any of its representatives and/or the Jury.
10. The Company reserves all rights to make amendments to the Auditions Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant to check the Terms and Conditions for the Auditions on the Website and /or the platforms from time to time. Company also reserves the right to cancel and/or postpone the Auditions/Program without any prior intimation to the Participant.
11. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/ Program. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Program. The Participant further confirms she is medically fit to travel anywhere and anytime and that she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).
12. The Participant(s) will be required to furnish necessary supporting documentation in original (i.e., government endorsed identification proof such as school leaving certificate, college leaving certificate etc.) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. 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 Company in its sole and absolute discretion..
13. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and/or the public.
14. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.
15. The Channel/Company reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and also Company /Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.
16. In case for whatever reason any Participant is not agreeable to travel, stay, etc. entirely at her own expense, the Company will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.
17. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding and each Participant shall without limitation be bound by such decision of the Company.
18. The Participant(s) shall not during the Auditions/Program 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.
19. 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 Program or the Auditions or the Program or the names and identity of the selected Show Players, Judges or the format of the Program or any aspect related to the Program 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.
20. The Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or the Program 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 Auditions /Program/ Show.
21. Non-conformance by any Participant the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then Company will at its sole discretion be entitled to disqualify their Entry on an immediate basis.
22. If the operation of the Show/ Auditions/ Program or any part thereof (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 any act beyond the reasonable control of the Company (“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 Show/ Programs/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participants.
23. Notwithstanding a Participant's participation in the Show/ Auditions, there is no obligation on the part of the Company to broadcast any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.
24. Participant (s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, 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 Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot/filmed/recorded during the Auditions/Show or the Program 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.
25. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant, on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant and /or natural guardian of the Participant(s) on behalf of the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant hereby agree that neither the Participant(s) nor his/ natural guardian nor any person authorised by her shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company. The Participant behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.
26. The Participant(s) either through themselves waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s further agree and acknowledge on behalf of the Participant(s) 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.
27. The Participant agrees and acknowledges that the Channel /Company 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 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/Auditions or any ancillary event related to the Program/Auditions).
28. The Participant shall make themselves available from time to time and co-operate with the Channel and/or Company and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable/ any additional consideration to the Participant. Further, the Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.
29. 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. Company 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 Company or the Channel without notice to the Participant and without any further compensation to the Participant.
30. The Participant agree that in consideration of being given opportunity to participate in the Auditions, they shall hold harmless the main sponsor (if any), Channel, Company , 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 Auditions and /or Entry and /or any aspect related to their participation in the Auditions 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 Company to claim any damages or reliefs or otherwise.
31 The Participant agree to keep Company , the Channel, 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(s), by Company and /or any of its affiliate companies and/or channels.
32. The Participant, agrees that Company 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 Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. Company shall not be responsible for the Participant’s safety during the Auditions, 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 Auditions/Program is at his/her own risk.
33. Certain information relating to the Production House, Company , the Program, Channel, will be disclosed to the Participant(s) by the Production House and/or Company 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/Company , as the case may be, and is valuable, special and unique to the business of Production House/Company , 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 in respective rounds of eliminations in the Program/Auditions.
34. 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.
35. 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.
36 Participant cknowledges 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.
37. The participation of the Participant the in the Auditions shall mean that the Participant has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.
38. 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 Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by Company and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Bangalore, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) who has raised the dispute.
39. Subject to the provision of 38 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 relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Bangalore, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.