Virtual Audience Engagement in Super Singer
Terms & Conditions
The following Principal and General terms and conditions (“Terms and Conditions”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the activity being launched for encouraging audience participation in their program tentatively titled Super Singer (“Program”) being telecast on their channel viz, Star Jalsha (“Activity”) which will be hosted by Star India Private Limited (“Company” / “STAR”) through e-mails.
The Activity shall be governed by the Terms and Conditions and all the Participants in the Activity 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 and Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms and Conditions will disqualify you from participating in the Activity. The decisions of the Company for all matters relating to the Activity shall be final and binding in all respects.
The Participant agree and acknowledge that for the purpose of this Activity, the Company may access to the personal information of the Participant including the contact number, email ID, etc. (“Personal Information”). In this regard, the Company shall ensure that the Company shall (i) maintain strict confidentiality of the Personal Information so accessed and (ii) use, disclose, process, retain or transfer the Personal Information only to perform its obligations in accordance with the applicable laws.
1. The Company shall announce and publicize the Activity / Activity on their television channels and Social Media Pages
2. The Activity will commence on July 28, 2020 at 12:00 hrs Indian Standard Time (IST) and will continue till end of the current season of the Program (“Activity Period”). Company reserves all rights to make amendments to the Activity Period and/or Terms and Conditions and/or such other terms and conditions stated herein, without giving prior notice to the Participants. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Activity on the Website from time to time. Company also reserves the right to (i) cancel and/or postpone the Activity without any prior intimation to the Participants or (ii) extend or curtail the Activity Period or suspend or abandon the same at any time, and the Participant shall have no objection to the same whatsoever, nor shall the Participant make any claims /disputes in respect of the same.
a. The Participant(s) shall record a video in MP4/.MOV format featuring their reactions with a gesture of clapping and cheering for their favourite contestants during their performance in the Program having a maximum file size of 10 MB (“Video”).
b. Send the Videos from their own valid e-mail ID to the designated e-mail ID of the Company ie, firstname.lastname@example.org, along with the details viz, name of the Participant, age, and location, contact number along with a message / write-up (with a maximum of 1000 words) expressing their love, passion and affinity towards the Program and why they like the Program, in the manner as set out herein and; the receipt of the Videos by the Company along with the required details within the specified timelines shall be considered as a complete and valid entry (“Entry”).
c. Participants are supposed to send only one Entry per week through their email id, during the Activity Period. In case of Participants submitting more than one Entry through the same e-mail id or different e-mail ids, in a week, only the first Entry received from such Participant during that week will be considered as a valid Entry for that week.
d. For the avoidance of doubt, if the Participant(s) sending the videos shot in any other format other than that prescribed or having an unclear audio or video will be deemed invalid and will be disqualified. The Participant (s) agrees and acknowledges that by submitting the Entry(s) the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information. It is further clarified that the Participant(s) cannot make (a) offensive / abusive videos (c) re-sending the same Entry more than once (i.e., sending the same video many number of times (d) videos which do not make any sense (irrelevant to the context and /or the Activity). Any Entry comprising of such videos shall be considered null and void.
e. Participant should be 18 years or above in order to participate in this activity. Entry of any minor will be treated as invalid entry.
f. The Participant hereby represents, covenants and declares that (i) the Video is original and is performed by the Participant (ii) the Video does not and will not constitute any infringement of copyright or any right of privacy or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurts the religious sentiments of people worldwide or be defamatory of any person deceased or alive, or blasphemous in its content (iii) that he/she fully owns and controls all rights and interests including all intellectual property rights in the Video(s) and that no other person or party has right or interest in the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever, (iv) the Video(s) shall not expose STAR to civil and/or criminal proceedings and /or claims of any nature whatsoever (v) the Video(s) are not subject to any lien, charge, or any other encumbrance whatsoever (vi) the Participant has not granted any rights in the Video(s) to the prejudice of any rights granted to STAR hereunder (vii) the Video(s) are not violative of or in contravention of any applicable laws (viii) all necessary licenses and permissions required for the utilization of the Video(s) by STAR for the purpose of the Activity have been secured by the Participant in accordance with the existing Terms and Conditions and applicable laws without any recourse to STAR In the event the publishing of the Video(s) is assessed to be prohibited in any manner and /or considered to be inappropriate due to moral, political or religious reasons or any reason whatsoever, the respective Platforms and/or STAR shall have the right to at their discretion to edit/ remove/cut the contentious portion and re-publish such Video(s) or reject the Video(s) altogether, and the Participant agrees not to object to the same. The Participant(s) must ensure that no false and/or misleading statements are made by him/her and that he/she does not refer to any commercial product and/or service in the Video .
g. The Participant agrees and undertakes that the Video submitted by him/her for the purpose of the Activity is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.
h. STAR shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Entry/Video and the Participant(s) shall unconditionally co-operate to facilitate the same. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate Personal Information, Video(s) not in the required format as prescribed herein or which consist of content which is offensive or abusive or blasphemous or copied will be considered invalid, shall be considered null and void and will be disqualified from participating in the Activity.
i. At the end of each and every corresponding week during the Activity Period, STAR will shortlist Videos of the Participant(s) having made a valid Entry, all the Video(s) received by STAR during the corresponding week , on the basis of the Video / Entry fulfilling the criteria set out herein shall be viewed and rated by a panel comprising of the representatives of STAR as determined by STAR in its sole discretion and . This panel shall rate the Video(s) on the basis of certain pre-defined criteria viz, personality, screen presence, interactive skills uniqueness, talent and creativity of the Participant and /or any such other criteria as may be solely determined by STAR at its sole discretion. STAR will include such shortlisted videos in the episodes of the Program at their own discretion.
j. Such Participant(s) agrees and consents to the use by STAR of the Video forming part of the Entry on the Program or channels owned and operated by STAR and /or its affiliates or in any manner as STAR may deem fit for the purpose of promotion of the Activity. Towards this effect and in consideration of being afforded an opportunity to participate in the Activity , the Participant(s) hereby assigns in favour of STAR a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, on an outright basis, all Intellectual Property vested in the in the Entries including the Videos forming part of it, to Exploit the Videos in any manner deemed fit by STAR at its discretion including but not limited to any other social media platform page of STAR, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Activity, as deemed fit by STAR. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s) waives off his “Moral Rights” with respect to the Video or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Video uploaded and submitted by the Participant(s) in any manner whatsoever. The Participant(s) undertake not to create any lien, charge, or other encumbrance, on the Entry and /or the Video at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Video and /or Entry including the modified videos in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Video in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in the Video including rights in any form of intellectual property and rights in any form of exploitation will be owned by STAR throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Video and /or Entry and /or modified video by STAR or any third party authorized by STAR, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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.
k. For the purposes of this Activity, “Exploitation” shall mean shall mean the exploitation of the Materials 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 Materials, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Materials including performances in the Video(s) or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, 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 Materials 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 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.
4. The Participants shall not in any circumstances make any claims against STAR entities 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 the Participant(s) participation or non-participation in the Activity or any related activity. If the Participant is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions the corresponding Entries will be disqualified.
5. The Participants shall at all times comply with all applicable laws
6. By entering the Activity, each Participant(s) acknowledges and agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Activity (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.
7. STAR reserves the right to disqualify any Participant(s) from participating in the Activity if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by STAR from time to time. STAR reserves the absolute right and discretion to reject any “Entry” or any part thereof at any stage of the Activity:
a. receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;
b. determines at its sole discretion that the Entry is inter alia, belongs to another person and to which the Participant does not have any right to; 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 in this regard shall be final and binding upon the Participant(s).
8. In consideration of the participation in the Activity, Participants hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry, during or pursuant to the Activity, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to STAR. To the extent, the above assignment is not held valid by operation of law, the Participant(s) in consideration of participating in the Activity, hereby also grants an exclusive, perpetual, sub licensable license to STAR for use in the entire world in any media and form as STAR may deem fit, of the texts, Entry or any parts thereof submitted during the Activity to STAR including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s) waives any so-called moral rights in the Entry.
1. In the event of any fault, misunderstanding or dispute concerning any part of the Activity the decision of STAR shall be final.
2. The entry process is strictly open to Participant(s) residing in India only during the Period of the Activity and of the age of 18 (eighteen) years and above only. The Participant (s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Activity.
3. Proof of age, if requested, of the Participant(s) in the Entry must be submitted to STAR (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) as may be required by STAR confirm the eligibility of the Participant(s). STAR also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) at any point in time during the Period.
4. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR in relation to the Activity.
6. Each Participant(s) consent to the use of information submitted by the Participants, including the Entry for the purpose as set out in these Terms and Conditions.
b. The Personal Information may include information inter alia name, date of birth, address, age, gender, marital status, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition and sexual orientation, images, videos etc
c. The Personal Information is being collected by STAR pursuant to the Terms and Conditions, in connection with this Activity and it is necessary for STAR to collect the Personal Information for the Activity and the uses set out below in (d) below.
d. The Personal Information will be used for the Activity, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by STAR, in respect of the Activity on the channel(s) owned by STAR and/or their Social Media Pages including the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd or any other third parties.
e. The Personal Information will be shared by STAR with the Panel, Judges and the public at large, in connection with the Activity.
f. The Company has informed the Participant his/her rights to: (i) review his/her Personal Information for deficiencies and inaccuracies and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify the Participant’s Entry to the Activity, as deemed fit and necessary by the Company at its sole discretion.
g. All Personal Information is true, correct and complete in all respects and in no event will the Company or the Panel/Judges be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information
7. STAR reserves the right to cancel and/or postpone the Activity without assigning any reasons and/or without giving any prior intimation to the Participant (s).
9. STAR shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to e-mail delivery, unclear network, disruption in the network and/or the internet /network costs charged by the telecom/mobile/network operator etc. Any dispute in connection to the above shall be settled between the subscribers, Participants and the telecom/mobile operator directly, without involving STAR.
10. In case of any telecom and /or network failure and /or technical failure /breakdown on the e-mail and /or technical failure in submitting the Entry(s) to the Activity and/or for any reasons whatsoever, STAR reserves the right to at its sole discretion to change the mechanism for submitting the Entry(s) and /or cease from accepting Entry(s) of the Participants in any manner it may deem fit and necessary. In such events, STAR shall be entitled to exercise the option of putting the Activity in abeyance, as it may deemed fit at its discretion. In addition STAR shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the mechanism for submitting the Entry(s)including without limitation system/failure of receiving Entries via e-mail beyond the end time stated in these Terms and Conditions and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR .
11. Participant(s) shall not in any circumstances make any claims against STAR, Channel, their employees, directors and its affiliates 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 in the network and /or connections or directly or indirectly due to, to their participation or non-participation in Activity.
12. STAR shall not be responsible for any Entries submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
13. The Participant(s) of the Activity agrees that he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity") of any nature whatsoever without any money payable to the Participant(s). Further, the Participant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Participant(s) agrees that the footage of any nature with regard to the Participant(s) from such Promotional Activity and any recording thereof shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and in any media whatsoever at any time throughout the world.
14. The Participant(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR into public disrepute or denigrate any of the preceding or offend any community or public morals and in all public appearances the Participant shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Activity.
15. By participating in the Activity, it shall be construed that the Participant(s) has waived his/her right to raise any dispute with regard to the Activity, and /or the Prize in any manner whatsoever to the extent permissible under law.
16. Each Participant in consideration of being given opportunity to participate in the Activity , agrees that the Participant shall hold harmless and indemnify the Channel, STAR,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, in any manner whatsoever in connection with the Activity, the mechanism and/or any material submitted forming part of the Entry and/or any personal information submitted by the Participant and to the extent permissible under law waives all rights to file in person through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
17. STAR 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 Participant(s) in any manner whatsoever, in relation to the Activity.
18. Each Participant in consideration of being given opportunity to participate in the Activity, agrees to hold harmless and indemnify STAR , its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by STAR in connection with any act of the Participant(s)/Participant(s) Entry and/or the Activity and/or Content including any third party rights claims with respect to the material submitted by the Participant(s).
19. Each Participant(s) hereby acknowledges and agrees that the relationship between the Participant and STAR and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
20. The Participant(s) acknowledge that in case the performance of this Activity cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then STAR shall be at liberty and upon their sole discretion to terminate any such participation of a Participant(s) forthwith and such decision shall be final and binding.
21. 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.
22. Participant acknowledges that Participant’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
23. The Participant(s) shall comply with the laws of India.
24. The 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 Activity shall be referred to a sole arbitrator appointed by STAR and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant who has raised the dispute.
25. Subject to the provision of 24 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.