Utsaver Sera Star 2022

Please read the following Terms and Conditions before participating in the Contest conducted by Star India Private Limited (defined below). 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 participation in the Contest (as defined below) and shall be binding on each participant (“Participant”,“Contestant”, “Your”and/or “You”) residing in West Bengal and is a citizen of India (hereinafter referred to as “Territory”) who voluntarily participate in the Contest hosted by SIPL/Company (as defined below) for the purpose of selecting and shortlisting the Winners (as defined below) basis the criteria set out herein and celebrating Durga Pujo with joy, with social responsibility(“Theme”).

The Privacy Policy, Terms of Use and User Generated Content which is accessible at at https://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”). By proceeding further You are representing to the Company that Your participation in the Contest is in compliance with all laws applicable to 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(s) and its Officers voluntarily participating in the Contest. The Privacy Policy shall govern all usage of any Personal Information (defined below) and/or any other information, Entry and any other content or information submitted by You as part of this Contest , as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by STAR India under or pursuant to the Contest and in relation to your and your Officers participation in the same. By participating in the Contest , the Participant and its officers hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information by SIPL, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy .

By participating in the Contest, it is deemed that the Participant and its Officers on its behalf have read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions. Your and your Officers act of voluntarily participating in the Contest in the manner as detailed below shall be deemed to be your and your Officers absolute acceptance to the Terms and Conditions, Privacy Policy as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If You and your Officers do not agree to be bound by or cannot comply with any of the Terms and Conditions, please do not continue. Failure to accept these Terms and Conditions or the Privacy Policy will disqualify the Participant’s participation in the Contest. The Contest shall be governed by the Terms and Conditions stated herein below and all Participants and its Officers are requested herein unconditionally accept and agree to comply with and abide by the same.

DEFINITIONS

“Contest ” means different levels comprising of pre-registration, registration , Level 1of the selection process of the Contest as detailed hereunder and/or any additional levels as may be incorporated thereinafter by the Company in the process of the Contest at any point of time at its discretion, to be conducted inter alia in the mode and manner as set out hereunder during the Contest Period , which the Participant(s) is required to qualify for participating in the Contest and being shortlisted and /or selected as a Winner .


“Contest Period” (i) shall mean the period for call for entry (via SMS mechanism) &registering as per the manner set out herein below commencing from September 10h September,2022 at 00:00 AM to September 24,2022at 23:59 PM. (ii)for Level 1 shall mean -the period commencing from September 29,2022 to September 30,2022 or such other date stipulated and/or updated and /or communicated by the Company and/or Production House at its sole discretion through any other medium from time to time 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.


“Pandal(s)” shall mean and include without limitation a fabricated structure, either temporary or permanent, that is created and put up by the Participants in open areas and /or public places at any locations within the Territory for the celebrating the auspicious Durga Pujo festivities during the Contest Period thereby enabling the Participant(s)eligible as per the criteria set out herein to qualify and participate in the further levels of Contest as per the selection procedure stated herein.

Company/SIPL/ Star India ” means Star India Private Limited.

“Channel”shall mean the Bengali GEC channels owned and operated by SIPL i.e Star Jalsha

“Contestant(s)/Participant(s)” means all Pujo Committees creating , organising and conducting Pandals during the Contest Period and deemed to be (a) “Society” registered under the West Bengal Societies Registration Act, 1961 as on August 1,2021,voluntarily participating in the Contest

"Officer” means a member of the Governing Body, the President, the Secretary or any other office-bearer of the Participant society and includes also an employee and /or member of the society as defined under the West Bengal Societies Registration Act, 1961 representing the interest and acting on behalf of the Participant Society .

“Exploitation/Exploit” shall mean the exploitation of the Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by SIPL in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by SIPL in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (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 Level 1 and any further levels of the Contest as may be introduced by the Company at its sole discretion ..

“Gratification/ Prize” shall collectively mean a cash prize amounting to INR 25,000/- (Rupees Twenty five Thousand only) and a memento not exceeding the value of INR 2500/- and /or any other gratification as may be deemed fit by SIPL at its sole discretion to be awarded to each of the Winner (s)

“Winner(s)” shall mean total 25 (twenty five) Winner -Participants from West Bengal, i.e 25 (twenty five) Winners , 4 (four) shall be from Kolkatta and rest 21 (twenty one) shall be from the rest of cities / districts of West Bengal . These Winners shall be selected and shortlisted out of the other Participants participating in the Contest basis the criteria and evaluation parameters set out below.

“Works/Materials” shall mean and include Footage (as defined below), Entries (as defined below), footage of Promotional material including 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 specifically for the Contest and /or during the course of Contest and any other Intellectual Property created/ generated by the Participants during the course of participation in the Contest. This shall exclude pandal and it is clarified that all rights and intellectual property rights emanating from the Pandal shall continue to vest with the Participants in perpetuity .

PRINCIPAL RULES

1. Star India shall promote Contest, the registration -process and call for entry process through on-air (promos, astons, bugs etc.), radio , digital platforms and 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 Contest.

2. Procedure to register

(a) To register and to participate in the Contest , the Officer on behalf of the interested Participant shall:

i. By sending details comprising of (a) name of the Pandal and (b) the respective district in which the Pandal is situated vide SMS in the following format: “<name of Pandal committee > space < name of district>” to 9930000323The Contestant(s) will then receive an SMS from the Company through the automated reply activated by the Company at its discretion with the following message “Thank you for expressing interest to participate in Utsaber Sera Star 2022. We will shortly get back to you with the detailed registration process”. For avoidance of doubt it is clarified that this automated reply mechanism shall apply and extend to Contestant (s) who are on the ‘ Do not Disturb’ list of any mobile network subscriber .If the Participant sends the above mentioned SMS post the expiry of the corresponding Contest Period and /or completion of registration of first 400 (four hundred ) Entries on first cum first serve basis then the Contestant(s) shall receive an SMS along with a message stating that “According to the Terms & Conditions, 400 Puja Committees have already been registered on first come first serve basis. We are sorry, we cannot accept your request”. For avoidance of doubt it is clarified that for the participation in the Contest submitting/ furnishing his/her details vide SMS in the manner as mentioned above through a valid Indian Mobile Number is mandatory It is clarified that for the purpose of registering and participating in the Contest it is mandatory that the valid Indian mobile number submitted by the Officer of the Participant should be registered in his/her name only, failure to comply with this pre requisite will automatically cause such Participant’s registration / Entry (as defined below) to be invalid. The cost charged to the Contestant(s) by the respective network provider(s) shall be as per the existing &prevailing rates for sending such SMS and shall be borne by them without any recourse to the Company .

ii. It may be clarified that the Officer on behalf of the Participant(s) participating in the Contest can send the SMS in the format and manner as mentioned above only once either through a particular mobile phone number of the Officer .It is further clarified that if the Officer has already registered and submitted Entries (as defined below) through the mechanism as mentioned herein through a particular registered mobile numbers, then only the first Entry from that particular registered mobile number and shall be considered and all subsequent Entries shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Contest . Additionally, it is clarified that a specific Officer and multiple Officers on behalf of the same Participant cannot register and submit Entries (as defined below) vide the SMS mechanism through multiple registered mobile numbers either registered in their specific name and/or in the name of the other Officers . In such cases only the first Entry submitted by the Officer on behalf of the Participant ,first cum first basis ,through a particular mobile number shall be considered and the others shall be deemed invalid.

iii. Once the SMS in the format and manner is sent by the Officer on behalf of interested Participant’s then such Contestant(s) and their Officers shall be informed that the Panel shall on the dates and times as decided by the Company at its sole discretion &informed and communicated to the Participants through their registered mobile numbers (s) from time to time during the corresponding Contest Period.visit their Pandal to inspect the Pandal, interview the Officers regarding the background of the Participant , its history , activities undertaken by it and any other aspects pertaining to the Participant and /or Pandal. The Officers shall be mandatorily required to make themselves unconditionally available and present at the Pandal during this visit / inspection by the Panel . If at any point of time the Company finds that the mobile number vide which the Officer sends the SMS on behalf of the Participant is found to be false and /or unauthenticated and /or fabricated and /or the said mobile no. not registered in the Officer’s name,, then Company shall have the right to forthwith disqualify such Participant from further participation and his /her Entry shall immediately be considered to be null and void.

iv. During such visit of the Pandal(s) by the Panel during the corresponding Contest Period,the Officer on behalf of the Participant(s) will be required to unconditionally proceed further and comply with the registration process and fill all details under the registration form in a manner as deemed fit by the Company and as mentioned below .

v. During such visit of the Panel at the Pandal, a registration form shall be submitted by the Panel to the Officer and the same is required to be filled and submitted by the Officer on behalf of the Participant(s) who shall fill in all the relevant and necessary details as stated and enumerated in the registration form , in accordance with the requirements and criteria as laid down for the Contest herein. As part of the registration process and registration form ,the Officer on behalf of the Participant(s) shall submit the following details of the Participant and /or its Pandal including but not limited to its registered name & office address ,exact location and name of the Pandal, Year of establishment , Name & Contact number, registration number of the Participant under West Bengal Societies Registration Act, 1961,theme of the Pandal , how many years they have been organising the Pandal, Covid related -safety measures adopted by the Participants and /or its Officers in their respective Pandals , details of any noteworthy social activity undertaken by the Participant /and /or its Officers around Durga Puja , 2022 and /or any significant social cause , photo(s) of the Pandal(s), (if requested) and/or any other information/documentation as sought by the Company, at its discretion during the Contest Period (hereinafter collectively referred to as “Personal Information”) in a manner and form, as requested and /or prescribed in the registration form or as deemed fit by the Company and /or Panel at its discretion. For avoidance of doubt, for the purposes of participating in the Contest during the Contest Period set out hereinabove, sending the sms in the format and manner through a valid mobile phone number is mandatory for all interested Participants. The Officer on behalf of the Participant agrees and undertake that all Personal Information submitted by them in the registration form is true, accurate and correct.If at any point of time during any Levels of the Contest , the Company becomes aware that the Personal Information submitted by them is false and incorrect , then the Company shall have the right to immediately disqualify and invalidate such Entry and such Participant shall not be entitled to further participate in the Contest and /or qualify for the Gratification . The Participant shall be bound by such decision of the Company .

vi. The Officer on behalf of the Participant(s) further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update, submit Entries and /or , share any Personal 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. infringes any patent, trademark, copyright or other proprietary rights;
d. violates any law for the time being in force;
e. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
f. impersonates another person;
g. 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.;
h. 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.

vii. For purposes of the Contest , sending the SMS in the format and manner as mentioned above, submitting the Registration Form and completing the registration process in the manner as stated above ,, furnishing the Personal Information in the mode and manner as prescribed, shall be considered as a complete and valid entry (“Entry” or “Entries”). Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if the Officer on behalf Participant(s) or fails to furnish Personal Information in the manner prescribed, then his/her Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Contest . The Channel/Company shall be free at any point of time to contact and /or communicate with the Officer on behalf of the Participant(s) for availing any additional information and/or to verify any details and /or any form of documentation as deemed fit by SIPL in relation to Contest and/or the Entry and the Officer on behalf of the Participant(s) shall unconditionally facilitate the same. Any incomplete Entry and /or Entries with incorrect format, broken/bad web link, inadequate Personal Information,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 Contest. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate information will be considered invalid and will be disqualified from participating in the Contest. The Channel /Company shall be free at any point of time to contact and /or communicate with the Contestant(s) for availing any additional information and/or to verify any details as provided in relation to Contest and/or the Entry and the Contestant(s) shall unconditionally facilitate the same.

vii. Entries received after the Contest Period will not be considered for the Contest and shall be deemed null and void. The Company shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever. It shall be the Officer’s sole responsibility to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein.

viii. It is clarified that decision on which Entries shall be shortlisted and selected for the Panadal(s) visit and registration process shall be decided by the Company at its sole discretion on first cum first serve basis the SMS sent during the corresponding Contest Period at its sole discretion. It is further clarified that the Company reserves the right to close the registration process in any manner it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding and the Contestant(s) shall not challenge /dispute such decisions. Any Entry made after the Period will not be considered for the Contest and shall be deemed null and void. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

ix. It is further clarified that the Company reserves the right to close the registration process in any manner it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding and the Officer for and on behalf of the Contestant(s) shall not challenge /dispute such decisions. Any Entry made/ SMS sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

x. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

3. The selection and shortlisting process for the Contest shall be conducted as detailed below for each Level of the Contest . For the sake of clarity, Participant cannot enter the Contest without undergoing the process at each Level:

A. LEVEL 1
i. Subject to the Participant(s) having made a valid Entry and provided all the Entries fulfilling the criteria set out herein, the Company and/or its representatives and/or professional experts from the fields of health care , engineering, art etc. film artists , musicians , television actors and /or any appropriate person / entity appointed by the Company, at their own discretion for this specific level each of the Levels of Contest (“Panel”) shall review , evaluate the Entries , carry out a detailed process for verification of details and Personal Information submitted as part of the Entries to validate the authenticity of the details submitted as part of the Personal Information and /or Entries. Post completion of the evaluation of the Entries ,verification and authentication process of the Personal Information and /or Entry by the Company and /or Panel , a maximum number of 400 (four hundred ) Entries and /or Participants shall be shortlisted for further evaluation under Level 1 on first cum first serve basis the completion of the respective registration process.It is clarified that the composition of the Panel my change or remain the same for different Levels as deemed fit by the Company at its discretion and the decision of the Company with regard to the composition of the Panel shall be final and unconditionally binding on the Participant(s). Neither the Participant(s) nor the Officer 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. Further if during at point of the verification / background process of the Entries by the Panel and /or Company any details or any part of the Personal Information submitted by the Officer on behalf of the Participant as part of the Entry and /or any information or warranties made by the participant and /or Officer on behalf of the Participant turns out to be incorrect , then the Company and /or panel shall have the right to at its sole discretion disqualify the Participant and its Officer from participating further in the Contest and the Participant and its Officers shall not object to the same .
ii. The Officers shall be mandatorily required to make themselves unconditionally available and present at the Pandal during this visit / inspection by the Panel in a manner as deemed fit by the Company at its sole discretion to participate and perform in this Level on specific dates and time as decided and communicated by the Company. Failure to remain present shall result in their immediate disqualification from the Contest. It is clarified that the Panel and /or Company shall be free and entitled to visit the shortlisted Pandals and /or Participants and interact and meet with its Officers, any time as deemed fit by Company, once or multiple times as deemed fit by them during the corresponding Contest Period without any prior notice to the participant and its Officers and the Participants and Officers shall be unconditionally bound to abide by the same & provide them unlimited access to the Pandal .
iii. The Officer on behalf of the Participant(s) will have to present at the Pandal on the date and time specified along with the documents and photographs required (both in original and attested photocopy). It is clarified that the Participant(s) failure to submit the aforementioned documents and/or attend the inspection without the same shall automatically disqualify the Participant from further participation in the Contest.
iv. Such Shortlisted Participants shall be mandatorily required to carry and place minimum 2 banners of the Company / Channel in prominent positions at their Pandal for the duration of the rest of the Contest Period. In the event that the Panel notices that the participant and its Officers have failed to carry the promotional banner of the Company and/or Channel as mentioned hereinabove , then the Panel and /or the Company has the right to at its sole discretion disqualify the Participant and its Entry immediately and such Participant shall not be allowed to participate further in the Contest. Such decision of the Company and /or Channel shall be final and unconditionally binding on the Participant Such Contestant(s) and their Officers shall be informed that the Panel shall on the dates and times as informed and communicated and /or at any time during the corresponding Contest Period visit their Pandal to inspect the Pandal, interview the Officers regarding the background of the Participant , its history , activities undertaken by it and any other aspects pertaining to the Participant and /or Pandal . The Officers shall be mandatorily required to make themselves unconditionally available and present at the Pandal during this visit / inspection by the Panel . Failure to remain present shall result in their immediate disqualification from the Contest.
v. Participant(s) and /or its Pandal shortlisted as per the criteria set out in above,shall be evaluated and shortlisted by the Panel on the overall basis of (i)the alignment of Participant’s plan of action and conducting and organising the Pandal in accordance with the Theme as defined hereinabove,(ii) the details and Personal Information submitted in the registration form subject to the verification of its authenticity, uniqueness etc,(iii)entry and exit planning to ensure seamless crowd management within the Pandal, (iv)structural criticality of the Pandal – as per government directives,(v)social-responsibility initiatives undertaken by the Participant(s) and /or its Pandal shortlisted for helping the underprivileged, (vii) innovative measures initiatives undertaken to create awareness of Covid 19 , symptoms and hazards,(viii)Best Creative expression of the Theme,(ix)Star Jalsha framed banner placement ( with Utsaver Sera Star Communication ) , (x) quantum of Active participation of women in the shortlisted Pandal and /or or any such other criteria (“Collectively referred to as “Parameters”)determined by the Company at its sole discretion from time to time during the Contest Period.
vi. The Company reserves the right to evaluate the Entries and Pandals based on the above mentioned criteria and select and declare the Winners by October 2,2022or any other date as deemed fit by Company.In case the Officer on behalf the said Contestant(s) is unable to furnish the original document(s) as required by the Company to verify the Personal Details submitted as part of the Entry and /or submit self-affirmed photocopy of the same or submit the necessary proofs as required by the Company , the said Contestant(s) shall be disqualified by the Company.

4. Winner Selection and Gratification:
i. At the end of the Level 1 Contest , out of all the shortlisted Participants and their Pandals, On the basis of the criteria and parameters set out above, the Panel shall select and declare total 25(Twenty five) Winners from West Bengal , These Winners shall be announced and declared by Star India on the Channels and /or any other platforms or media or any of its social media pages as deemed fit by the Company at its sole discretion. The total number of Winners declared during the Contest Period shall not exceed total number of 25 (twenty five) across West Bengal , 4 (four) Winners from Kolkatta and 21(twenty one) Winners from rest of West Bengal . Star India shall contact the Winners for informing them of the date/time at where Gratification may be personally collected by them from a designated venue located in Kolkata, pre-informed by STAR India and finalized and /or delivery deliver it to the Winners at their respective Pandals via any agency engaged by the Company as deemed fit at its sole discretion. These Winners shall be contacted by Star India and /or any representative engaged by them on the mobile/ phone number through which Entry had been submitted to Star India informing them that they have been selected as the Winner of the Contest.
ii. The sole gratification/ prize for each of the Winner(s) shall be limited to the Gratification as defined herein and there is no other gratification payable to the Winner by the Channel and /or the Company. Participant(s)/Winner(s) agree that the Gratification is the only prize for the Contest and no other prize(monetary or otherwise) will be awarded to the Winner(s). For avoidance of doubt it is clarified that STAR’s decision in regard to the selection and declaration of the Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are shortlisted and qualified for Level 1 and who have fulfilled all requirements of Level 1 and subsequently shortlisted and declared as Winner(s) based on the criterion mentioned hereinabove, by STAR at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise).
iii. Star India shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Winner on the mobile/ phone number as shall be registered with Star India. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, Star India shall make maximum 1 (one) attempt to call the Winner. In case any the Winner shall be invalidated,or disqualified and Star India shall at its sole discretion select another winner as the Winner from amongst the Participant(s) who have made valid Entry
iv. In the event the said Winner fails to adhere to the instructions of Star India and/or fails to submit all the requisite documents as more particularly mentioned herein, then his/her selection shall be invalidated and Star India shall not be liable to that Winner, in any manner whatsoever.
v. Winner agrees and acknowledges that the above mentioned Gratification shall be subject to appropriate tax deductions applicable under Indian Laws and that it and its Officers shall be solely responsible to bear the same without any recourse to Star .
vi. For the purpose of availing the Gratification and to verify the Personal Information submitted as part of Entry at the time of registration , the Winner agrees and undertakes to submit and /or provide all form of documentation, certificates of registration/incorporation, bank account details , pan details ,canceled cheque and /or any other relevant document or supporting evidence as may be required from time to time by the Company at its sole discretion . The Winner agrees to unconditionally abide by the same and in case the Officer on behalf of such Winner fails to submit the same , then the Company has the right to at its sole discretion disqualify the Winner and declare the next deserving Participant , basis the above parameters as the Winner in its place . The Winner shall have no objection to the same and neither it nor its Officers shall make any claims in this regard against the Company. The Winner’s shall be required to submit the Winner’s documents to Star India within seven (07) days from the date of the telephonic communication received from Star India by the Winner.
vii. All decisions of STAR shall not be subject to any appeal of any nature whatsoever. Participation in the Contest shall be construed to mean that the Participant(s)/Winner has waived his/her right to dispute any decision(s) made by STAR in relation to the Contest and/or Gratification, to the extent applicable under law.
viii. The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Winner(s) agrees and undertakes that no material equivalent or alternative prize will be given to the Winner(s) and the Winner(s) cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Winner(s) and the Winner(s) cannot transfer the Gratification to any other person.
ix. The Winner(s) shall not in any circumstances make any claims against the STAR entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the winner’s participation in the Contest or any related activity, to the extent permitted under law. If the Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry and Pandal will stand disqualified and such decision shall be final and binding.
x. If STAR so elects, Winner(s) will be required to submit to a confidential background check to confirm eligibility and help ensure that the shortlisted Participant(s)/Winner(s) will not bring STAR entities into public disrepute, contempt, scandal or ridicule or reflect unfavourably on STAR as determined in their sole discretion.
xi. STAR shall in no manner whatsoever be responsible for security of Participant(s)’s’/Winner(s)’ Pandal during the Contest Period and/or be liable for any use/misuse of the same by any person by any manner whatsoever .
xii. Limitations of liability: by entering the contest, each Participant acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the contest, or any gratification awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the contest (if any),Notwithstanding the foregoing, under no circumstances will Star and/or star entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. In any case Star’s entire liability under this terms and conditions shall not exceed the total monetary value of the Gratification

5. The Officer of the Participant(s) will be solely responsible to bear all costs and all other expenses, should such Participants voluntarily wish to participate in the Contest without any recourse whatsoever to Company. The Company, will not be involved in any such requests, logistical or other related issues. It is clarified that all and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Contestant(s) and in no manner whatsoever shall the Channel/Star India, be responsible for the same.

6. The Officer on behalf of the Participant(s) will be required to execute any and all legal documents, as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 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 Officer on behalf of the Participant(s) in Levels. In case the said Officer of the Participant(s) 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 Contest based on the sole discretion of the Company .

7. Further if during at point during the Contest and /or its Levels it comes to the notice of the Company and /or Panel that any details or any part of the Personal Information submitted by the Officer on behalf of the Participant as part of the Entry and /or any information or warranties made by the Participant and /or Officer on behalf of the Participant turns out to be incorrect , then the Company and /or panel shall have the right to at its sole discretion disqualify the Participant and its Officer from participating further in the Contest and the Participant and its Officers shall not object to the same .

8. Participant(s) who have previously participated in contests / activities similar to this Contest or has entered into any contract through their Officer or contractual arrangement including but not limited to having signed any document or letter which restricts them from participating in this Contest in any manner 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 Officer n behalf of 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.

9. The Company reserves the right to extend the timing or reduce the Contest Period, without prior notice to the Officer of the Contestant(s).

10. It is clarified that the Officer on behalf of the Contestant(s) shall be solely responsible to make all arrangements for facilitating the Pandal and the Company shall not be responsible to provide the same.

11. For avoidance of doubt it is clarified that the final selection of the Winners made by the Channel/Company Panel/ shall be final and binding on all the Officers on behalf of the Contestant(s) and in no event shall the Officers of the Contestant(s) dispute the decision made by the Channel/Company and or its employees in connection to the Contest . For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Gratification , the decision of the Company shall be final and binding.

12. The Company and /or Panel reserve the right to visit and inspect the Pandal at any given point during any of the Levels of the Contest and the Contestant(s) and their Officer shall have no objection to the same nor shall they raise any objections against the same.

GENERAL RULES

1. The Contest is strictly open to Participant(s) creating , organisingand conductingPandals during the Contest Period and deemed to be (a) “Society” registered under the West Bengal Societies Registration Act, 1961as per the respective applicable laws of India.

2. Employees of the Company 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; Participant(s) not registered under the West Bengal Societies Registration Act, 1961 are ineligible to participate in the Contest. Further, failure to provide proof or certificate of registration / incorporation, including any of the documentation required for verification of the Personal Information under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify the Participant(s) in case discrepancy is found to exist in the information furnished/provided/stated by the Officer on behalf of the Participant during submission of the registration form at Level 1 and /or any statement / conversation with the Company and in the information(s) stated in the documents furnished by the Officer on behalf of the Participant(s).

3. In the event the Officer and /or Participant is found to be in violation of any applicable laws at any point of time during the Contest , the Company reserves the right to disqualify the Participant immediately and its Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Contest .

4. Officer on behalf of the Participant, represent to the Company that the Participant is free and competent to enter the Contest; 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 and /or the Officer from performing or observing any of the obligations undertaken or from honoring any of the Terms and Conditions stated herein. .

5. Officer on behalf of the Participant,agrees and undertakes that All Personal Information is true, correct and complete in all respects and in no event will the Company be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information and further provides his/her consent for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy, and (ii) the Terms and Conditions.

6. The Officer on behalf of the Participant shall not make any claims against SIPL, 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 Contest or any related activity including any unauthorized access of the videos, etc. If the Participant is found to be ineligible, or if the Officer on behalf of the Participant 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. SIPL a shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company 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)/ Officer and the telecom/mobile operator directly, without involving Company. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Submit/Post” button. For the avoidance of doubt, by submitting the Entry the Parent on behalf of 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 damage , loss (direct or indirect),injury, emotional, mental trauma caused to the Participant(s) and /or any of its Officers in any manner whatsoever or for any reason whatsoever in connection to any aspect related to Contest. The Participant(s) and /or the Officer on behalf of 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 and /or its Officers on its behalf (s), in any manner whatsoever in connection with any aspect of the Contest and waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

9. The Company reserves all rights to make amendments to the Contest Period, Levels of Contest or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Officer of the Participant to check the Terms and Conditions on the Website and /or the platforms from time to time. SIPL also reserves the right to cancel and/or postpone the Contest and /or any Levels at any point of time without any prior intimation to the Officer of the Participant.

10. The Officer and /or Participant should not have been convicted under criminal laws and /or applicable laws of India and/or should not be disqualified under any applicable law from participating in the Contest.

11. The Officer on behalf of the Participant (s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or SIPL in its sole and absolute discretion.

12. The Company also reserves the right to change the selection process and critera for the different levels of the Contest in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Contest, without any prior intimation to the Participant and Officer on behalf of the Participant(s) and/or the public.

13. Officers registering on behalf of the Participant must enter the Contest voluntarily on their own behalf and Entry(ies) by proxy will not be accepted . Further it is mandatory that the Officer registering on behalf of the Participant must be officially appointed and engaged by the governing body and chairman of their respective society and if required must submit appropriate documentation to support this . In case the Officer fails to do so , then the Participants Entry shall be automatically disqualified and shall not be eligible to participate further in the Contest .

14. The Channel/SIPL reserves all rights to make amendments to the existing Terms and Conditions without prior noticeto the Participant and /or the Officer. Further, Company reserves the right to terminate the Contest at any time without any prior intimation or notice to the public/ Participants and Officer of the Participant(s) and also SIPL/Channel is not obligated in any manner whatsoever to compensate any person or persons or entity or society who have participated in the Contest and/or accommodate any person or persons or entity or society who have been selected in the Contest .

15. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process and /or mechanisms and /or Levels, the decision of the Company shall be final and binding and each Participant and Officer on behalf of the Participant(s) shall without limitation be bound by such decision of the Company.

16. The Participant(s) and Officer on behalf of the Participant(s) shall not during the Contest 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 disrepute the name and brand of the Company and /or Channel or bring expose the Company and/or the Channel to civil and/or criminal proceedings.

17. The Participant(s) and /or Officer on behalf of Participants, 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 Contest or any aspect related to the Contest or any information regarding the Company without Company’s prior written consent in each instance. The Participant and Officer on behalf of the Participant(s) shall not at any time make or issue any statements on behalf of the Company the Channel without the prior written consent of the Company.

18. The Participant(s) and Officer on behalf of the Participant (s) shall not do any act either directly or indirectly which may bring the Company into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) and/or the Parent on behalf of the Officers on behalf of Participant 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 Contest.

19. Non-conformance by any Participant and/or by the Officer on behalf of the Participant, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then SIPL will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

20. The Participants and its Officers agree and undertake to abide by all directives / guidelines / orders etc passed by the central or state government in respect of organizing and conducting Durgo Puja. Any Participant violating or not abiding by the same shall be automatically disqualified .

21. If the operation of the Contest and /or any of its Levels (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or the current Covid 19 Pandemic or any act beyond the reasonable control of the Company or any guidelines set up by the West Bengal State Government for shooting during the current Covid 19 Pandemic (“Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Contest and /or Levels forthwith and such decision shall be final and binding on the Participants and Officer on behalf of the Participant(s).

22. Participant (s) and Officer on behalf of the Participant(s) specifically agree, allows, grants and permits the Company or any party authorized by it to enter their Pandal and record (audio-video/audio or video), activities at the Pandal ,the participation process/performance at the Pandal at every level of the Contest, including any interaction of any nature whatsoever of the Participant, its Officer, representatives of the Pandal with the Company or visitors or followers or any representative of the Company, record all performances and activities at the Pandal (if any), rendered or performed during the Contest and /or its Levels or any related series of sound recordings and video recordings which have been shot/filmed/recorded during the Contest and /or its Levels on film, tape or digital or other electronic media and includes recording of any questions or conversations relating to the background, activities , social work etc undertaken by the Participant , questions pertaining to personal & professional lives of the Officer (“Footage”) and agree that the Footage may be used by the Company as it deems fit across any mode or medium anywhere in the world at any time now or in the future. 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 all media, and for Exploitation through any technology either existing now or which may come into existence in future. in any manner it may deem fit and Officer on behalf of the Participants shall have no objection whatsoever to such exploitation by the Company.. For avoidance of doubt it is clarified that the Footage may be Exploited ,utilized, arranged, re-arranged, modified, added to other material, etc. in any manner at the sole discretion of the Company or any of its representatives without any payments to or approvals to the Officer on behalf of the Participants . The aforesaid rights in the Footage shall vest in entirety in favour of the Company, worldwide and in perpetuity,

23. In consideration of being afforded an opportunity to participate in the Contest, the Participants and the Officer on behalf of the Participants(s) 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 and /or the Officer on behalf of the Participant(s), 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 Officer 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 or the Officer on the behalf of the Participants hereby agree that neither the Participant(s) nor his/ Officer for and on behalf of the Participant 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 and /or Officer on behalf of the Participant(s) 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.

24. The Participant(s) through their Officer waive off their “Moral Rights” with respect to the Materials/ participation in the Contest. Further, the Participant(s) and the Officer on behalf of the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant or the Officer on behalf of 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.

25. The Participant and Parent on behalf of the Participant(s) agrees and acknowledges that the Channel /SIPL shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Materials in respect of their Entry uploaded on the Platform or any such Footages in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Contest or any ancillary event related to the Program/Contest).

26. The Participan tand Officer on behalf of the Participant(s) shall make themselves available from time to time and co-operate with the Channel and/or SIPL and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Contest without any money payable/ any consideration to the Participant. Further, the Officer of the Participant shall at no point of time refuse or disagree for participation of the Participant(s) in any such Promotional Activity for any reason whatsoever.

27. Participant(s) and the Officer on behalf of the Participant(s) hereby allow the use of the , image, biographical data, name, s, photographs of the Pandal of the Participant and its other Officers (‘Likeness’) to appear on and be used in connection with the promotion of the Contest for all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. SIPL reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or SIPL or the Channel without notice to the Participant and Officer and without any further compensation to the Participant and/or Officer on behalf of the Participant (s).

28. The Officer on behalf of the Participant (s) agree that in consideration of being given opportunity to the Participant to participate in the Contest, they shall hold harmless the main sponsor (if any), Channel, SIPL, , 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, and /or its Officer in any manner whatsoever in connection with the Contest and /or Entry and /or any aspect related to their participation in the Contest 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 Channel and/or SIPL to claim any damages or reliefs or otherwise.

29. The Officer on behalf of the Participant agree to keep SIPL, 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/, Personal Information and /or Footage and /or any image or videos , Likeness featuring their respective Pandal, by SIPL and /or any of its affiliate companies and/or channels.

30. Certain information relating to the Contest, SIPL, Channel, will be disclosed to the Participant(s) and Officer on behalf of the Participant (s) by SIPL which is confidential and/or proprietary in nature, and includes data, , evaluation criteria ,the manner of selection 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) and Officer on behalf of the Participant (s) agree that Confidential Information whether disclosed orally or in writing, is the property of SIPL, as the case may be, and is valuable, special and unique to the business of SIPL, as the case may be. Participant(s) and Officer on behalf of the Participant (s) agree that the Officer on behalf of Participant shall not discuss and/or disclose any information about the Contest,Gratification or any aspects related to the Contests .

31. Participant(s) and Officer on behalf of the 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.

32. The Participant and Officer on behalf of the Participant (s) 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.

33. Officer on behalf of the Participant(s) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

34. The participation of the Participant the in the Contest shall mean that the Officer on behalf of the Participant (s) has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Contest, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.

35. 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 Contest and /or Entry shall be referred to a sole arbitrator appointed by SIPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Parent on behalf of the Participant(s) who has raised the dispute.

36. Subject to the provision of 35 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 Mumbai, India. The Parent on behalf of the Participant(s) agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

 

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