VIEWER’S CHOICE - MOVIE OF THE MONTH – September
Terms & Conditions
These terms and conditions (‘Terms’/’Terms and Conditions’ ) govern the voting activity titled “VIEWER’S CHOICE-MOVIE OF THE MONTH” (‘ Campaign / Contest’) organized, conducted and brought to you by Star India Private Limited (‘STAR India’) for the Channel Jalsha Movies (“Channel”).
The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects.
Star India reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on Website (defined below), unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defence in any proceeding with regard to the Contest.
I. PRINCIPAL TERMS
1. Monthly Contests will be announced and promoted on the Channel and/or social media platforms and/or any other means at the sole discretion of STAR India (“Monthly Contest(s)”).
2. Monthly Contest(s) will be open for a period of fifteen (15) days of a Calendar Month during which the viewers can participate in the Monthly Contest of that month (“Monthly Contest Period”). The Monthly Contest Period for every Monthly Contest(s) will be announced by STAR India from time to time on the Channel and/or social media platforms and/or any other means at its sole discretion. The Monthly Contest Period for the month of September 2021 shall commence from September 7, 2021 and conclude on September 21, 2021 or such later date(s) during the month, as may be announced by STAR India from time to time.
3. During the Monthly Contest Period, the Participants / Viewers will be asked to cast their vote to choose one (1) film as the ‘ Movie of the Month’ from four (4) film choices provided for that month. Viewers can vote for one (1) film of choice from amongst the four choices as their nomination for the ‘Movie of the Month’. The Viewer(s) interested in participating and qualifying for the Campaign / Contest (‘Voter(s)’) are required to vote for the film of their choice (‘Vote’) by sending SMS in the prescribed format to the designated mobile numbers as given below.
4. The voting for selection of the title ‘Movie of the Month’ for a month will be open during the “Monthly Contest Period” announced by STAR India from time to time. The promotions for the Monthly Contest(s) with details of voting mechanism and four movie options will be aired on the Channel, each day during the Monthly Contest Period of that month and; the voting lines shall be open only up to thirty (30) minutes from the time of airing the movie options (“Daily Voting Period”) of that month. To vote for their favourite film to make it as the ‘Movie of the Month’, from among the four (4) available options, all eligible Viewers are required to send SMS in the following format during the Daily Voting Period.
YOUR NAME <Space> CODE OF YOUR FAVOURITE FILM to any of the following numbers:
5. In case of error in SMS format, the response message will be sent “Invalid entry. Please re submit your entry in the prescribed format”. Upon successful receipt of SMS / Votes, the Views will receive an acknowledgement with the text “Thank You for your participation. Keep Watching Jalsha Movies to know the Movie of the Month”
6. Upon successful casting of vote by sending SMS for a particular Monthly Contest Period, if any Viewer(s) trying to vote for multiple times during such Monthly Contest Period, the subsequent SMS / Votes will not be recorded, and for the first reattempt, the sender will receive an SMS containing the text “You have already participated in the Viewer's Choice Movie of the Month Contest for this month. Keep Watching Jalsha Movies to know the Movie of the Month”
7. It is clarified that all costs incurred by the Viewer(s) to participate in the Contest including but not limited to sending SMS shall be solely borne by the Viewer(s) without any recourse to Star India. Viewers are advised to contact their respective telecom service providers for the details of SMS costs charged by them. For better clarity, it is explained that the only the first valid vote cast by a Viewer during a Monthly Contest Period in the prescribed format duly acknowledged by STAR India will be considered for the Contest and any subsequent SMS sent by such Viewer during the same Monthly Contest Period will be null and void and; will not be considered for the Contest. In this connection, Viewers are cautioned and advised not to make such multiple entries in view of cost of SMS.
8. STAR India will sufficiently promote the Campaign / Contest on the Channel and/or its social media platforms, to ensure that no Viewer is misled, and each Viewer fully understands the entire process and costs (if applicable) for voting.
9. The promotion for the Monthly Contest will be shown through promos and/or content on the Channel and/or on STAR India’s social media platforms during the Campaign / Contesting Period.
10. Viewers will be asked to cast their Vote to select the film(s) of their choice out of the four (4) film options nominated for corresponding Monthly Contest Period, during the Campaign / Contesting Period.
11. The Vote shall be made in such manner as stated hereinabove and must be made by the Viewer(s)/Voter(s) during the Campaign / Contesting Period as mentioned above only. Votes made after the Campaign / Contesting Period stated in these rules and regulations shall not be considered and shall be deemed null and void.
12. At the end of the respective Monthly Contest Period, the nominated film which garners the maximum number of Votes for the respective corresponding Monthly Contest Period as per the aforementioned voting mechanism will be declared as the ‘Movie of the Month’ (“Movie of the Month ”) for that particular month at the sole discretion of STAR India and will be telecast on the Channel with the title ‘Movie of the Month’, on the date and time as communicated on the Channel by Star India. It is understood that any announcement based on the Campaign / Contest / Voting, shall be at the sole discretion of STAR India and shall be final and binding and the Viewer shall in no event challenge and/or dispute the decision made by STAR India in this regard including in connection with the number of Votes, the aggregation of the same.
13. Any costs or expenses incurred to participate in the voting / Campaign / Contest shall be solely borne by the Viewers and STAR India shall not be liable for any such costs or expenses.
14. Votes received by STAR India after the Campaign / Contesting Period or beyond the stipulated time, shall be null and void without requirement of any further intimation by STAR India.
15. It is agreed that STAR India shall not be responsible in the event the Viewer fails to register his/her Vote due to any technical error of any nature whatsoever.
16. The Viewer agrees and acknowledges that the opportunity to participate in the Campaign / Contest is the sole consideration to the Viewer; the Viewer is not entitled to receive any gratification, prize, monetary or otherwise, for participating in the Campaign / Contest and/or for registering a Vote.
17. STAR India reserves the right to disqualify any Viewer(s) from participating in the Campaign / Contesting if the Viewer(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 Viewer(s) and the Viewer(s) shall not at any time challenge and/or dispute such decision of STAR India.
II. GENERAL TERMS
1. The Viewers interested in participating in the Campaign / Contest must be above the age of eighteen (18) years, must be a citizen of India and must be a resident of West Bengal during the applicable Campaign / Contesting Period. The Viewer should not have a criminal conviction or an arrangement or a contract that prevents the Viewer from participating in the Campaign / Contest. Proof of age, if requested, of the Viewer(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 Viewer(s). The Viewer(s) represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to the Campaign / Contest. STAR India also reserves the right to disqualify a Viewer in case a discrepancy is found in the information furnished/provided/stated by the Viewer at any point in time.
3. STAR India reserves all rights to make amendments to the existing Terms or withdraw, change, alter, amend the Campaign / Contest mechanism, Terms, Campaign / Contesting Period and/or any aspect related to the Campaign / Contest without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms from time to time.
4. STAR India reserves the right to cancel and/or reschedule the Campaign / Contest and/or extend or alter the Campaign / Contesting Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the Viewer(s).
5. The selection of films as Movie of the Month for telecast on the Channel, pursuant to the Campaign / Contest shall be final and binding on all Viewer(s) and in no event shall the Viewer(s) dispute the decision made by STAR India in connection to the Vote and /or any aspect related to the Campaign / Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Campaign / Contest and/or the selection process to qualify for the Campaign / Contest, the decision of STAR India shall be final and binding.
7. STAR India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Viewer(s) in any manner whatsoever, in relation to the Campaign / Contest.
8. The Viewer(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 Viewer(s)’s participation or inability to participate in the Campaign / Contest or any related activity, to the extent permitted under law. If the Viewer(s) is found to be ineligible, or if he or she has not complied with these Terms, the corresponding Vote will stand disqualified and such decision of STAR India shall be final and binding.
9. STAR India shall not be responsible for any cost, expenses, taxes, duties, charges, fees and/or any levies applicable under the laws of India, in relation to the Vote(s), Campaign / Contest and any such costs, if applicable, shall be solely borne by the Viewer(s).
10. STAR India and/or the Channel 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 SMS charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving either STAR India and/or the Channel.
11. In case of any telecom and /or network failure and /or technical failure in sending / receiving SMS and/or for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change the Campaign / Contest mechanism and /or cease from accepting Votes of the Viewers, 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 Campaign / Contest system/ mechanism including without limitation Campaign / Contest system failure in the mechanism of default /internet lines logging on automatic acceptance of Votes beyond the Campaign / Contesting Period due to technical /technological restrictions and /or due to reasons /events/incidents beyond the reasonable control of STAR India.
13. STAR India makes no representations and/or warranties regarding the Campaign / Contest, or any matter in connection therewith other than those expressly given in these Terms and hereby expressly disclaims all other warranties, expressed or implied.
14. By participating in the Campaign / Contest, the Viewer(s) shall hold harmless and indemnify STAR India, the Channel, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewer(s) and/or their family members/friend’s invited by the Viewer(s), in any manner whatsoever in connection with the Campaign / Contest 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.
15. STAR India reserves the right to disqualify any Viewer/participant if his/her conduct is found to not be in concurrence with these Terms or is in infringement or contravention of any third-party rights, intellectual property rights or applicable laws, rules or guidelines.
16. The Viewer acknowledges that in case the performance, continuance of this Campaign / Contest cannot be fulfilled due to war, industrial action, flood, any act of God, or any event beyond the reasonable control of STAR India, then such non-performance or failure or delay in performance shall not be deemed a breach of these Terms and if such inability to perform or delay in performance continues for a period of seven (7) days, then STAR India shall have the right, in its sole discretion, to terminate the Campaign / Contest, any gratification and/or participation of a Viewer forthwith and such decision shall be final and binding.
17. The Viewer hereby 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 and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
18. Each Viewer hereby acknowledges and agrees that the relationship between the Viewer and STAR India, the Channel and its affiliated companies is not a confidential, fiduciary, or any other special relationship.
19. Viewer(s) acknowledges that Viewer(s)’s representations, warranties, indemnities, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
20. STAR India reserves the right to discontinue the Campaign / Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Viewers (s) whatsoever without prior notice to the Viewers.
21. The outcome of the Campaign / Contest /the decision made by the Channel and/or STAR India regarding the Campaign / Contest shall be final and binding on the viewers and in no event shall the viewer(s)/Voter(s) dispute the decision made by STAR India, Channel and/or its employees in connection to the Campaign / Contest.
22. By the act of voting, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Campaign / Contest, in any manner whatsoever to the extent permissible under law.
23. The Terms shall be construed in accordance with the laws of India and any dispute or other matter arising in reference to the Campaign / Contest or these Terms shall be referred to arbitration by 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, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Viewer who has raised the dispute.
24. Subject to the provision of paragraph 23 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.
25. You hereby acknowledge that You have fully read and understood these Terms and Conditions 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.