T&C - Naam-Reh-Jaayega
TERMS AND CONDITIONS
The following are the terms and conditions (“Terms”) governing the missed call activity titled “Naam Reh Jaayega LED Activity” (“Activity”) hosted by Star India Private Limited (“Star India”) for the promotion of the program “Naam Reh Jaayega” soon to be available on the channels Star Plus SD and HD. The promotion of the Activity may take place across several platforms including but not limited to the platforms of Star Plus Facebook profile at the URL www.facebook.com/starplus (“Facebook Page”), on the Star Plus Instagram profile at the URL www.instagram.com/starplus (“Instagram Page”), on the Star Plus Twitter page at the URL www.twitter.com/starplus (“Twitter Page”), on the Star Plus YouTube account at the URL www.YouTube.com/starplus (“YouTube Page”) and at such location decided by Star India.
The Facebook Page, Instagram Page, Twitter Page and YouTube Page are collectively referred to as the “Social Platforms”.
The Activity invites interested persons (“Participant(s)/You”) to participate in the Activity by following the mechanism detailed herein and following all required mandates herein below for the Activity Period (as defined below).
The Activity shall commence on April 28, 2022 onwards, and end on May 1, 2022 and/or till any other time, based on the sole discretion of STAR India (“Activity Period/Period”).
I. PRINCIPLE RULES
1. To participate in the Activity, the Participant(s) shall satisfy the eligibility criteria follow the procedure as detailed below. Person(s) who do not comply with the following criteria should not participate on the Activity.
i. Participant(s) must be citizen and resident of India and of 18 (eighteen) years of age or above at the start date of the Activity Period.
ii. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Activity.
iii. Employees of and/or consultants of and/or persons hired on contract by Star India and/or its affiliates and the members of their immediate family member(s) are ineligible from participating in the Activity.
iv. All Participant(s) must have a landline/mobile phone number registered under their respective name to be eligible to participate in the Activity.
v. The Participant should abide by all the applicable laws at all times.
2. Activity Mechanism
i. During the Activity Period, the Activity will be announced and promoted through Social Platforms and/or the hoarding comprising of the image of Late Ms. Lata Mangeshkar installed by and/or on behalf of Star India and/or its assignees and/or licensees at the location decided by Star India (“Hoarding”); and the Participant(s) interested in participating and qualifying for the Activity are required to give a missed call through their respective landlines/mobile phones to a number mentioned on the hoarding and/or Social Platforms (“Call”). If the Call is successfully made by the Participant(s), then the Participant(s) may receive an acknowledgement at the complete discretion of Star India in the form of a recorded message, thanking them for the Call. Each Call from the Participant(s) will generate coloured pixel on the Hoarding.
ii. It is clarified that during the Activity Period, each Participant can call only 1 (one) time by way of a missed call from one landline/mobile number. Star India will not entertain any queries or complaints regarding the same.
4. Standard calling rates may or may not be applicable for Participants to participate in the Activity through missed call. It will be Participants’ responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of making the Call 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 Participants.
5. Any costs or expenses incurred to participate in the Activity shall be solely borne by You and Star India shall not be liable for any such costs or expenses.
6. Participation of the Participants after the Activity Period or beyond the stipulated time, shall be null and void without requirement of any further intimation by Star India.
7. The Call shall be made in such manner as stated hereinabove and must be made by the Participant(s) during the Activity Period mentioned only. Calls made before or after the Activity Period stated in these Terms shall not be considered and shall be null and void.
8. It is agreed that Star India shall not be responsible in the event the Participant fails to Call due to any technical error of any nature whatsoever.
9. You agree and acknowledge that the opportunity to participate in the Activity is the sole consideration to You; and save and except as stated otherwise within these Terms, You are not entitled to receive any gratification, prize, monetary or otherwise, for participating in the Activity.
10. Star India reserves the right to disqualify any Participant(s) from participating in the Activity if the Participant(s) are found to be in breach of any provisions of these Terms. The decision of Star India in this regard shall be final and binding upon the Participant(s) and the Participant(s) shall not at any time challenge and/or dispute such decision of STAR India.
II. GENERAL RULES
2. Proof of age, if requested, of the Participant(s) must be submitted to Star India (i.e., school leaving certificate/school transfer certificate/college leaving certificate/college transfer certificate) as may be required by Star India to confirm the eligibility of the Participant(s). The Participant(s) represents and undertakes to execute and produce such further documents as may be required by Star India in relation to the Activity. Star India also reserves the right to disqualify a Participant in case a discrepancy is found in the information furnished/provided/stated by the Participant at any point in time.
3. Star India may at its sole discretion extend or curtail the Period of the Activity or may suspend or abandon the same at any time without any prior notice of the same. Star India reserves the right to cancel and/or reschedule the Program and/or Activity and/or extend or alter the Activity Period without assigning any reasons and/or without giving any prior intimation to the Participant(s). Such decision shall be final and binding on the Participant(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the Participant(s).
4. Participant(s) shall at all times ensure that their participation adheres to the applicable laws in force in the territory of India.
5. All the Call entries may be stored in a backend system operated by any person/agency appointed by Star India.
6. Star India shall not be responsible in the event You are not able to Call due to any technical error of any nature whatsoever. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for such events due to a technical error and/or defect in the Activity, and to the extent permissible in law, the Participant(s) waives its right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India. 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 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 Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India. In the event of any fault, misunderstanding or dispute concerning any part of the Activity, the decision of STAR India shall be final and binding.
7. In case of any telecom and /or network failure and /or technical failure and/or for any reasons whatsoever, Star India reserves the right to at its sole discretion to change the Activity mechanism and /or cease the Activity, in any manner it may deem fit and necessary. In addition, Star India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the system/ mechanism including without limitation system failure in the mechanism of recording downloads or default /internet lines logging on participation beyond the Activity Period due to technical /technological restrictions and /or due to reasons /events/incidents beyond the reasonable control of Star India.
8. For the avoidance of doubt, by participating in the Activity, the Participant(s) is representing that its participation is not confidential or comprise any sensitive personal information. For the purposes of these Terms, “Sensitive Personal Information” shall bear the meaning ascribed to it under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and shall include information relating to password; financial information such as Bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information. For the purposes of these Terms, the term “confidential information” shall mean any and all information which may be of a confidential nature to the Participant(s) and/or to a third party and the Participant(s) is not authorized by such third party to reveal such information. For the avoidance of doubt, all information provided by the Participants in the course of the Activity shall be submitted to Star India and not to Facebook, Twitter, or Instagram.
9. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature.
10. Star India reserve the right to disqualify any Participant(s) from participating in the Activity if the Participant(s) are found to be in breach of any provisions of these Terms or as revised from time to time. Star India reserves the absolute right and discretion to initiate any action against the Participant, if Star India:
a. receives any notice or complaint relating to the participation of the Participant not being compliant of the Terms;
b. determines at its sole discretion that the Participant has engaged in any activities which are blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant shall not at any time challenge and/or dispute such decision of Star India.
11. The Participant(s) agrees and confirms that the Participant(s) shall not be entitled to any gratification at any time.
12. The Participant(s) agrees that it shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Activity.
13. The Participant(s) agrees that if due to any reason, whatsoever, beyond the control of Star India anything in connection to the Activity becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same.
14. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Activity. The Participant(s) shall not in any circumstances make any claims against the Star India 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 Participant(s)’s participation or inability to participate in the Activity or any related activity, to the extent permitted under law.
15. The Participant(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.
16. Each Participant(s) consents to the use of information supplied by the Participant(s) for the purposes as set out in these Terms.
17. STAR India shall not be responsible for any cost, expenses, taxes, duties, charges, fees, levies and any royalties to the authors and/or copyright/collection societies for the Activity, as maybe applicable under the applicable laws, in relation to the Activity and any such costs, if applicable, shall be solely borne by the Participant(s).
18. 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 and/or the cost of the missed call or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Participant and the telecom/mobile operator directly, without involving Star India.
19. In case of any telecom and /or network failure and /or technical failure and/or for any reasons whatsoever, Star India reserves the right to at its sole discretion to change the Activity mechanism and /or cease from accepting Call entries of the Participants, in any manner it may deem fit and necessary. In addition Star India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Call system/ mechanism including without limitation Call system failure in the mechanism of recording missed call/phone lines being open /close or default /internet lines logging on automatic acceptance of Call entries beyond the Activity Period due to technical /technological restrictions and /or due to reasons /events/incidents beyond the reasonable control of Star India.
21. Star India makes no representations and/or warranties regarding the Call, or any matter in connection therewith other than those expressly given in these Terms and hereby expressly disclaims all other warranties, expressed or implied.
22. The Participant(s) shall fully indemnify, defend and hold harmless, Star India, its assignees, licensees and their respective affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms and conditions hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or enjoyment of the Activity; (iv) any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s) and/or their family members/friend’s invited by the Participant(s), in any manner whatsoever in connection with the Call and/or the Activity and also to the extent possible 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 or otherwise.
23. Each Participant acknowledges and agrees that:
b) The Data may be collected by Star India pursuant to the Terms, in connection with the Activity and it may be necessary for Star India to collect the Data for the Activity and the uses set out below in (c) below.
c) The Data will be used in respect of the Activity on any platforms including channel(s) owned by Star India.
d) The Data may be shared by Star India with any designated third parties, as deemed fit, in connection with the Activity.
e) The Participant has the rights to: (i) review its Data for deficiencies and inaccuracies, and request Star India to correct or amend the Personal Information, to the extent deemed feasible by Star India; and (ii) withdraw the consent provided under these Terms. Provided that Star India shall not be liable for any collection, receipt, storage, use, transfer or disclosure of Data prior to such withdrawal of consent or request for correction or amendment of Data. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Participant’s Data, Star India shall be entitled to disqualify the Participant’s participation in the Activity, as deemed fit and necessary by Star India at its sole discretion.
f) All the Data submitted by the Participant is true, correct and complete in all respects and in no event will Star India and/or its affiliates be liable for either of the authenticity of the Data or any inaccuracies or deficiencies in the Data. Star India has provided the Participant with the option to opt out of providing the Data, and the Participant has not exercised such option.
24. The Participant will be solely responsible for complying with the terms stipulated by Social Platforms on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such Social Platforms.
25. These Terms, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by the Participant. Notwithstanding Star India shall, at all times, without any restriction(s) and/or prior approval(s) have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further, the Participant in consideration of participating in the Activity, hereby grants a royalty free, non-exclusive, irrevocable, perpetual, freely sub licensable license to Star India for use of its participation in the entire world in any media deemed fit.
26. Star India makes no representations and/or warranties regarding the Activity, or any matter in connection therewith other than those expressly given in these Terms and hereby expressly disclaims all other warranties, expressed or implied.
27. The Participant agrees that the participation in the Activity shall be at the Participant’s sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Activity. Star India makes no warranties or representations about the accuracy or completeness of the content on the Social Platforms or the content of any websites linked to the Social Platforms and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Social Platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from the Participants’ access to and use of the Social Platforms, (iii) any unauthorized access to or use of secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Social Platforms, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
28. The Participant(s) acknowledges that in case the performance of this Activity cannot be fulfilled due to war, industrial action, flood, pandemic, epidemic, any act of God or force majeure event then such non-performance or failure shall not be deemed as a breach of these Terms and if such inability to perform such obligation continues for a period of five (5) days, then Star India shall be at liberty and upon their sole discretion to terminate any such participation of a Participant forthwith and such decision shall be final and binding on the Participant(s).
29. By participating in the Activity, it shall be construed that the Participant(s) has waived its right to raise any dispute with regard to the Activity and/or any decision of Star India, in any manner whatsoever.
30. Participant(s) participating in the Activity hereby acknowledges and agrees that the relationship between Star India and its affiliated companies and them, is not a confidential, fiduciary, or other special relationship.
32. The Participant undertakes that the Participant shall adhere to the policies of Star India as informed to the Participant from time to time. The Participant shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. The Participant’s attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.
33. The Participant hereby irrevocably agree to maintain confidentiality in respect of any response and/or official communication that is provided to the Participant from an employee or representative at Star India in connection with this Activity; and agree to make no public press announcements or information for publication without the explicit approval of Star India.
34. The Participant shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional activity or otherwise which may bring Star India into public disrepute.
35. Participant(s) acknowledges that in case any portion/clause of these Terms 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 shall be valid and binding and of like effect as though such provision was not included herein.
36. Participant(s) acknowledges that Participant’s representations, warranties, indemnities, grant of rights, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms.
37. These Terms and Conditions 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 Activity 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 Participant(s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Participant(s).
38. Subject to the provision of Clause 37 above of the General Rules, 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.
39. The contents as detailed in this Terms (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the Participant and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the Participant and Star India, in this connection.
40. The Participant hereby acknowledges that the Participant’s participation in the Activity is voluntary and out of its free will and consent, without any monetary compensation whatsoever.
41. The Participant hereby acknowledges that the Participant has fully read and understood these Terms voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.
42. In case of any queries in relation to this Activity, you can write to email@example.com. Star India shall endeavour to reply to the same within a reasonable time.