KEY RULES AND REGULATION GOVERNING PARTICIPATION IN FLIPKART FASHION ICON POLL FOR BIGG
BOSS S19 (“Key Rules”)
- Specific Terms
- Overview:
- ‘Bigg Boss S19 – Flipkart Fashion Icon
Poll’
is an activity wherein the Users, will participate in the poll by using the mechanism, for selecting one House
Mate
(as defined later) who has the best style in the Show (“Poll”).
Such
Poll is being hosted on the JioHotstar Application which is owned and operated by the
Company. The
Poll is meant to, inter alia, allow the Users to select their favourite House Mate with the
best
style for the week in the Show.
- The Poll requires the Participant to select his/her favourite House Mate which
will
decide the if the House Mate has the best style in the Show.
- Every User is permitted to participate once per Poll Day per User account. In
the event
if a Participant participates in the Poll from different profiles on different Poll Days,
(a) the
name used in the profile through which the Participant participates for the first time on a
Poll Day
will be taken into consideration by the Company on that Poll Day; and (b) the name used in
the main
profile associated with the User account will be taken into consideration by the Company for
the
entire Period.
- The Poll may not be available on each day during the Period. The Participants
are
requested to check the JioHotstar Application and/or the Show page to see if the Poll is
made
available on that day.
- Polling mechanism:
- The Poll will be available for a limited time on the JioHotstar Application. A
“Participate Now” button on the Show watch page and/or “Participate Now”
toggle
below the player on the Show Page will be displayed for the Users.
- After the Poll commences and during the time of the Poll, the Users will have to
participate
via the Show page on the JioHotstar Application. submission
sent after the Polling Period, shall not be considered as valid and shall be deemed null
and
void.
- The submission through the Polling Mechanism will be deemed to have been cast and
received
only when such submission reaches the server of the concerned telecom/ internet service provider
and
such submission as received by the telecom/mobile/internet operator shall be considered for the
purpose
of counting. Any unclear/incorrect/incomplete submission shall be considered as an invalid
submission
and shall deem to be null and void.
- The Company will not entertain any claims/questions/queries with respect to the
decision
made about the result of the Poll and the Company’s decision is final and binding on all.
- Prizes:
- It is expressly stated that in this Poll there are no winners being declared or any
prize(s)
being distributed for participating in the Poll.
- Additional terms:
- In the event, if the Participant is below the age of majority as per applicable laws
of
India, the parents/natural/legal guardians of such Participant hereby expressly consent, permit
and
state that they have no objection whatsoever for their participating in the Poll and
submitting/sharing
his/her personal information, contact details.
- Parents and/or natural/legal guardians are advised to comply with applicable laws
and these
Terms and Conditions and exercise discretion before allowing their children and/or wards to
participate
in the Poll.
- It is clarified that any individual below the age of majority as per applicable laws
of
India shall only be included in the Poll if the Participant is his/her parent or natural/legal
guardian.
- General Terms
- Availability:
- The Poll is available only in the English language and in the portrait mode of the
JioHotstar
Application. The Poll can be best experienced when the JioHotstar Application notifications have
been turned
on.
- Other than the Device(s), the Poll will not be accessible through web browsers, and any
third-party live TV streaming medium or any other operating systems/platforms on which the
JioHotstar
Application is available.
- Eligibility:
- The Poll may work only in the territory of India and shall not be accessible from other
territory(ies) across the world. Taking part in the Poll shall be applicable only for Users who are
eligible
and participating through the JioHotstar Application in India.
- To participate in the Poll, the User should (i) agree to enter and participate in the
Poll in
accordance with the Terms and Conditions as defined in this document (ii) be present in India, and
(iii) be
of sound mind and health.
- The Participation in the Poll will be governed solely by the requirements under the
applicable
privacy and data protection laws in India.
- The Poll may be accessible to people who are below the age of 18 (eighteen) years as on
31st
August 2025, however, they are not the intended audience for the Poll and the Poll is only aimed at
Users.
That being said, registering and/or subscribing on the JioHotstar Application does not necessarily
entitle
you to obtain any benefit pursuant to the Poll.
- By participating in the Poll, you represent that you are not under any contract,
exclusive or
otherwise, with any other third party/agency and you are not under any kind of disqualification or
disability under law, to enter into an agreement with the Company or its associates and affiliates,
as the
case may be.
- By participating in the Poll, you undertake, warrant and guarantee to the Company that
you have
the full legal capacity to participate in the Poll, in accordance with these Terms and Conditions.
- By participating in the Poll, you acknowledge that you have voluntarily chosen to
participate in
the Poll of your free-will and you are willing to bear all risk, costs and consequences arising from
such
participation in the Poll.
- By participating in the Poll, either by clicking on ‘Participate Now’ or
if the relevant button is auto-clicked and you do
not exit the
Poll, you shall be deemed to have read and accepted these Terms and Conditions and the Privacy
Policy
available at http://www.hotstar.com/privacy-policy, each as updated from time to
time.
- It is clarified, that all these Terms and Conditions are specific to the Poll and do not
supersede or substitute the terms and conditions of using the JioHotstar Application available at www.hotstar.com/terms-of-use.
- Employees of the Company, its associates, affiliates and the Company’s service
provider
for this Poll, are ineligible to claim any benefit pursuant to the Poll or any other Polls and Poll
run by
the Company during the Poll.
- Technical requirements:
- You are advised to remain in areas with strong and stable/continuous mobile network
signal of
the telecom operator or internet service provider to ensure smooth functioning of the Poll.
- Existing JioHotstar Application Users may have to upgrade their JioHotstar Application
to the
latest version from the App Store (iOS) or Google Play (Android) to participate. New users can
access the
Poll by downloading the JioHotstar Application from the App Store (iOS) or Google Play (Android). We
urge
you to install all JioHotstar Application updates that are released from time to time to enjoy the
latest
features on the Poll.
- You are advised to keep adequate RAM and phone memory available to ensure smooth
functioning of
the Poll. Quitting other applications on the Device will also help towards smoother Poll functioning
in case
of some smartphones.
- You may need to adjust the Device display, font, brightness and resolution to default
size or
lower to ensure that you are able to respond to the Poll on your Device(s) properly.
- Participation process:
- You can register or log-in to the JioHotstar Application through your phone number
(authenticated by an OTP verification) for participating in the Poll.
- Costs and payments:
- The JioHotstar Application is available for download free of cost, however, the viewing
of the
Show and access to Poll shall consume data and may be subject to JioHotstar Application subscription
packages. The use of the JioHotstar Application and the Poll will result in the use and consumption
of data
for which data charges as charged by your internet/telecom operator may apply. For further details,
please
contact your internet/telecom operator.
- It will be your responsibility to understand and enquire about the charges as may be
applicable
with your internet/telecom operator. In case you use the JioHotstar Application or play the Poll
while
roaming in a different circle/zone, additional roaming rates may apply. Please contact your
internet/telecom
operator for applicable rates.
- The Company will not and does not receive any monies and/or consideration from the
internet/telecom operators and/or any third party, in connection with the data consumed by you for
playing
the Poll.
- There is no requirement of payments or wagering (monetary or non-monetary) in order to
participate in the Poll.
- The Poll, the Show and any part thereof, are meant for entertainment and recreational
purposes
only, and are not bets, awards or challenges or other forms of formal event.
- Your Conduct:
- You agree not to disrupt, overburden, or aid or assist in the disruption or
overburdening of any
computer or server used to offer or support the Company or the Company’s platform and/or
services.
- You shall not attempt to gain unauthorized access to the user accounts, servers or
networks
connected to Company services by any means other than the user interface provided by Company,
including but
not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or
assisting any other person to circumvent or modify, any security, technology, device, or software
that
underlies or is part of the Company services.
- You shall not attempt to transmit content regarding services, products, surveys,
contests,
pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
- Subject to these Terms and Conditions, the Company hereby grants you a limited,
non-exclusive,
non-sub licensable and non-transferable license, limited to the territory of India, to use the Poll
and the
content associated therewith solely for purposes of using the Poll and services provided therein.
You
acknowledge and agree that you shall not copy, republish, post, display, translate, transmit,
reproduce or
distribute any content through any medium without obtaining the necessary authorization from the
Company or
thirty party owners of such content.
- Subject to these Terms and Conditions, you may access, view and otherwise use the Poll
for your
personal (non-commercial), lawful use only. You must not use the Poll and any services provided
through
these in a manner which is prohibited by the Terms and Conditions or applicable law.
- You hereby agree to indemnify the Company, its associates and affiliates against any
claims that
might arise from your actions or omissions while participating in the Poll.
- Company’s rights:
- The Poll and any aspect(s) thereof will be made available on the JioHotstar Application
as per
the discretion of the Company.
- The Company, at its own discretion may choose to run other forms of contests, bumper
rounds,
games and Poll hosted by the Company or third-party sponsors and partners during the course of the
Poll.
- The Company reserves the right to modify and/or cancel the Poll based on programming,
technical
requirements, force majeure and/or any other reasons as the Company may deem fit. The Poll in such
circumstances could be extended, cancelled or terminated in entirety. The Company shall not be
responsible
or liable for any losses or damages caused due to such extension, cancellation or termination. The
Company
reserves the right to make the Poll available on the JioHotstar Application. The Company will not be
held
responsible for any enquiries or complaints or claims for non-availability of the Poll.
- Any decision in a matter relating to the Poll shall be at the discretion of the Company
and
shall be final and binding upon you, irrespective of their registration and/or subscription status.
- The Company will endeavour to ensure that the integrity of the Poll is maintained at all
times
and will take reasonable steps in this regard. In the event the Company receives information that
the
integrity of the Poll has been compromised in any manner, including by using unfair or unlawful
means, the
Company reserves the right to take all actions, including suspending you from the Poll, to protect
itself,
the JioHotstar Application and the Poll.
- In case any unauthorized activity or any non-compliance with applicable laws and/or
these Terms
and Conditions is observed in the Poll, the Company reserves the right to disqualify you, if you are
causing
and/or resorting to such unauthorized activity, till such time as the Company deems fit. The Company
would
not be responsible to you in any manner whatsoever on account of such disqualification.
- In the event of any fault, misunderstanding or dispute concerning any part of the Poll,
and/or
the operation of the telephone system, internet system, or the validity of any question or answer
options,
the decision of the Company shall be final and binding on all of you and other persons.
- The Company is empowered to take a decision in relation to the Poll on any case not
covered by
the present Terms and Conditions.
- Decisions made by the Company shall be final and the Company shall not be responsible
for
factors including but not limited to loss of data or any other advantage/disadvantage caused to you
due to
technical errors or issues in your device, application, login interface/multiple logins for the same
phone
number, any other gamification manipulation that you may lead, internet connection, latency and/or
network
coverage.
- Violation of any provision of these Terms and Conditions and/or any applicable laws may
lead the
Company to immediately restrict your access to the JioHotstar Application or any part thereof
(including the
Poll).
- The Company, at its own discretion, may choose to display sponsor advertisements during
the Poll
which shall be visible on all User’s Devices.
- Data and privacy:
- The Company recommends that you maintain the privacy of your personal details and do not
share
your phone number, or any other personal details associated with the JioHotstar Application on any
other
social media platform or any other website.
- The Company will have access to and collect information and data related to your
participation
in the Poll (“Interactivity Data”). This Interactivity Data may be used
by the
Company for research and development for a better gaming experience, including but not limited to
understanding the functioning of the Poll, mapping general User behaviour in response to the
features of the
Poll, the improvement of the JioHotstar Application and the Poll in general, etc. By participating
to the
Poll, either by clicking on ‘Participate Now’ or if
the relevant button is auto-clicked and you do not exit the Poll, you consent to the
collection,
storage, processing and the transfer of and sharing of the Interactivity Data by the Company, in
accordance
with its Privacy Policy which is accessible at http://www.hotstar.com/privacy-policy. Your
interaction with the Poll will be governed solely by the requirements under the applicable privacy
and data
protection laws in India.
- While all attempts will be made to protect the Interactivity Data, including the data
pertaining
to the answers given by each of you, from loss and/or corruption, you agree and acknowledge that all
systems
are prone to failure and hacking attempts. In the event of any data loss, the Company shall make
reasonable
endeavours to continue with whatever data available in the manner it deems is fit. The Company will
not be
responsible for any damage resulting from the loss of data or the action taken by the Company for
the
continuity of the Poll, on account of the same. The Company will not be held responsible for making
good any
loss or dissatisfaction suffered by you on account of such loss.
- Promotions, releases, and confidentiality:
- You shall not, without the prior written approval of the Company, speak to the press or
any
other media or any third person, nor give any interviews or comments relating to any aspect of the
Poll
and/or the Show.
- You shall not disclose any information whatsoever relating to the Company to any other
party
including screen shots of the Poll and/or photos of the Show or your experience at the Show on
social media
websites unless permitted by the Company.
- Intellectual property:
- You shall not have any ownership interest, license or other rights in the application
for the
Poll and/or the Show or any right in the Poll Intellectual and/or the Show Intellectual Property
therein,
whether by license (except as provided in sub-section (2) below), implication, estoppel or
otherwise.
- The Intellectual Property rights (“Intellectual Property
Rights”)
in the JioHotstar Application, the Company and the Company’s platform, and material published
on the
JioHotstar Application, including (but not limited to) the Show, the Poll, Polls, software,
advertisements,
written content, photographs, graphics, images, illustrations, marks, logos, audio or video
clippings and
Flash animation, is owned by the Company, its licensors and/or its affiliates and associates. You
may not
modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative
works of,
distribute, publicly perform, publicly display, or in any way exploit any of the materials or
content on the
Company either in whole or in part without express written license from the Company.
- Disclaimers:
- Any loss or outrage or dissatisfaction suffered during participation in the Poll by you
would
not be the responsibility of the Company and/or its associates and affiliates, who will not be
responsible
to make good any such loss or dissatisfaction. Under no circumstances whatsoever, will you be
entitled to
claim any damages against the Company and/or its associates and affiliates including but not limited
to
general and special damages, consequential, pecuniary and non-pecuniary, liquidated, aggravated,
exemplary
damages, compensatory and non-compensatory, nominal and damages for loss of profit/loss of
opportunity.
- While the Company shall endeavour to make all reasonably practicable arrangements for
the
continuity of the Poll, it cannot guarantee or assure seamless connectivity or continuous
availability of
the JioHotstar Application, server, system or software to you during the conduct of the Poll as
these are
dependent on external utilities/service providers and factors which could be beyond the control of
the
Company, and therefore, the Company shall not be liable for any failure of the JioHotstar
Application,
server, system or software linked to the Poll.
- You acknowledge and agree to hold harmless the Company and/or any of its associates and
affiliates for the application, network, process, technical or any other failures. Any losses,
injury,
discomfort, loss of privacy, inability to participate or any other discomfort of any sort caused to
you or
your property, or device shall not be the responsibility of the Company.
- It shall not be open for you or any of your representatives to require or demand an
audit or
verification of the any of the systems, databases, software, hardware of the Company and/or any of
its
associates and affiliates and its partners used to host the JioHotstar Application or the Poll, or
any other
criteria, process or system adopted by the Company as part of the process of conduct of the Poll.
- You shall not have any claim against the Company and/or any of its associates and
affiliates
connected with the Poll. The Company, its associates and affiliates or vendors connected with the
Poll shall
not be responsible for any such eventuality, and you shall not be entitled to claim any compensation
from
the Company.
- The Company, its associates and affiliates will not be liable for any loss of earnings,
employment or otherwise, caused to you and arising as a result of your participation in the Poll.
- Support:
- In case of any queries, please write to hello@jiohotstar.com setting out your concerns/issues related to the
Poll. All
endeavours shall be made to reply to the queries within a reasonable time on a best effort basis.
However,
the absence of a reply shall not be deemed to mean acceptance by the Company of any claims made in
the
query.
- Miscellaneous:
- The Company reserves the right to amend (add to, delete or modify) the Terms and
Conditions
prospectively or retrospectively, at its discretion and without prior approval, including without
limitation
to improve the Poll or remediate any issues that may occur. You are requested to carefully read
these Terms
and Conditions from time to time for participating in the Poll. It shall be your responsibility to
check
these Terms and Conditions periodically for changes. The Company may require you to provide your
direct or
indirect consent to any update in a specified manner before further use of JioHotstar Application
for the
Poll. If no such separate consent is sought, your continued use of JioHotstar Application for the
Poll,
following such changes, will constitute your acceptance of those changes.
- If any provision of these Terms and Conditions is held by any Court or other competent
authority
to be void or unenforceable in whole or part, the other provisions of these Terms and Conditions and
the
remainder of the affected provisions shall continue to be valid.
- Any dispute or claim arising out of or in relation to the Poll or these Terms and
Conditions
shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 as
amended
from time to time, by a sole arbitrator nominated at the sole discretion of the Company. The place
of
arbitration shall be Mumbai. The language will be English. The award of the arbitral tribunal is
final and
binding on the parties.
- Notwithstanding anything to the contrary, no person (i.e., either you or any person
acting on
your behalf) shall initiate litigation against the Company, its associates and affiliates in any
manner, in
connection with the Poll and/or the Show and/or eligibility and/or participation in the Poll;
without first
writing in to the Company at hello@jiohotstar.com setting out their concerns/issues and providing
the
Company a reasonable opportunity to address such concerns/issues.
- All parts of these Terms and Conditions and the Poll shall be governed by and construed
in
accordance with the laws of India, and you shall submit irrevocably to the jurisdiction of the
Courts in
Mumbai.
- Additional Terms:
- Please also refer to the specific terms governing the Poll, in Part I, above, since
these shall
apply to your participation in the Poll.
- Key Definitions
- For the purposes of the Terms and Conditions, the expressions used herein shall have the
meaning
ascribed to them as below:
- “Company” means Jiostar India Private Limited (formerly
known as Star India Private Limited); and includes its associates and affiliates for the
purposes of the Poll and the Show and any section thereof.
- “Device(s)” shall mean smartphones running the Android
(with
version 4.4 and above)/ iOS (with version 10 and above) operating platforms, capable of receiving
and
transmitting data including via Internet and/or mobile communications technology and/or any other
similar technology. The Poll may work on SIM (Subscriber Identification Module)-based devices other
than
smartphones operating on the Android (version 4.4 and above) or iOS (version 10 and above) operating
platforms. However, we recommend that you participate in the Poll on smartphones for a better user
experience.
- “JioHotstar Application” or “JioHotstar
App” means the audio-visual streaming platform owned and/or operated by the
Company
and currently branded as “JioHotstar” and accessible from the Device(s).
- “JioHotstar Application User(s)” or
“User(s)” shall mean any Registered User who accesses the Poll on the
JioHotstar Application.
- “House Mate(s)” shall mean the group of individuals
participating in the Show as contestants.
- “Intellectual Property” shall include but not be limited to
copyrights, trademarks, patents, trade secrets, domain names and/or any other legal interests
recognized
or protected as intellectual property.
- “Participant(s)” means any person(s) who (i) has downloaded
the
latest version of JioHotstar Application on his/her Device and is a User, (ii) participates in the
Poll
on the JioHotstar Application, (iii) is present in India, (iv) is of sound mind and health, and (v)
has
agreed to enter and participate in the Poll in accordance with the Terms and Conditions as defined
in
this document.
- viii.“Period” shall mean the period
commencing from 31st August 2025 which continues until such
period or
date fixed and announced by the Company from time to time, at its sole discretion, and such
communication shall be made by the Company in any manner as deemed fit by them and shall be required
to
be checked by you, from time to time.
- “Poll Day(s)” means every Monday to Friday or Saturday
during
the Period on which the Poll is made available by the Company during the Period, at its discretion.
- “Poll Intellectual Property” shall include but not be
limited
to the name ‘Bigg Boss S19 – Flipkart Fashion Icon Poll’
’, creatives, Poll format, scoring format, all trademarks and copyrights obtained by the
Company
for the purposes of this Poll, IT infrastructure design, domain names and terminologies used in this
document to define specific aspects of the Poll and any other Intellectual Property associated or
related or developed in relation to the Poll.
- “Registered User(s)”/
“User(s)”
means a person who registers on the JioHotstar Application through phone number to access the
JioHotstar
Application.
- “Show” shall mean “Bigg Boss
S19” made available on the JioHotstar Application in respect of which
the
Poll is made available.
- xiii.“Show Intellectual Property” shall
include but not be limited to the name ‘Bigg Boss S19’
creatives,
the Show format, all trademarks and copyrights obtained by the Company for the purposes of this
Show, IT
infrastructure design, domain names and terminologies used in this document to define specific
aspects
of the Show and any other Intellectual Property associated or related or developed in relation to
the
Show.
- xiv.“Terms and Conditions” means these
terms
and conditions governing the Poll, as stated herein in entirety and as may be amended by the Company
from time to time without prior notice.