KEY RULES & REGULATIONS GOVERNING PARTICIPATION IN SABSE SMART KAUN? (SSK) – PLAY ALONG GAME

 

Please read the following Rules & Regulations very carefully before participating in this Sabse Smart Kaun? – Play Along Game. By participating, you agree to be bound by these Rules & Regulations and represent that you satisfy all of the eligibility requirements set out herein below. You hereby acknowledge that you have fully read these Rules & Regulations voluntarily, without coercion or any undue influence on the part of Company and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Rules & Regulations. If you do not agree to be bound or cannot comply with any of the Rules & Regulations, please do not continue to submit any information and/or visit this section of Hotstar App. Your failure to comply with the provisions of these Rules & Regulations will disqualify you from participation. The decision of Company for all matters relating to your participation shall be final and binding in all respects.

 

You agree that the Hotstar Terms of Use available at http://www.hotstar.com/terms-of-use shall apply in relation to your registration, participation and/or use of the Hotstar App and/or Game Play.

 

1.     The Sabse Smart Kaun? – Play Along Game is available only in Hindi and in landscape mode of the Hotstar App.

2.     The Game is only available on Android phones with OS 5.0 or higher. The Game may not be compatible with all phones, and incase Users face any issues with the same, they should try with another phone.

3.     Existing Hotstar users must upgrade their app from the Play Store to participate in the Play Along Game.

4.     New users can access the Game Play by downloading the Hotstar App from the Play Store.

5.     The Participant can register through his/her email ID or can log in through his/her Facebook account to access the Game Play.

6.     The Game is designed to run simultaneously with the episode of the Show titled ÔSabse Smart Kaun?Ő which is aired on the Channel Star Plus (SD/HD) launching on June 04, 2018, from Monday to Friday from IST 1830 hours to 1930 hours and gives the Participant an opportunity to use his/her skills, logic and knowledge by answering questions within the stipulated time, earning points for correct answers and standing a chance to win the Prize Money.

7.     The Participant may win points basis the time taken to answer the pictorial questions. There could be a difference between the time visible on the GameŐs User interface and the respective points awarded to the Users. This difference could be due milliseconds taken to answer the respective questions. In all such cases, the time taken as per the server shall be final and binding to calculate the score to be awarded to the respective Participants.  The Company has the right to change the score at the server based on the actual time taken for the user to answer the respective question.

8.     From Episode 31 onwards (i.e., effective from July 16, 2018), 2 (two) additional questions (ŇHotstar Exclusive Question(s)Ó) will be displayed on the ParticipantsŐ Device(s) anytime while the Episode is on air including the ad breaks. The points associated with each of the Hotstar Exclusive Questions are as follows:

 

Question Number

Maximum Points

Points reduced/second

Time to answer each question

Hotstar Exclusive Question 1

50,000

2,500

20 seconds

Hotstar Exclusive Question 2

50,000

2,500

The Participants are required to stay tuned to their Device(s) throughout the Episode including the ad breaks in order to avoid missing any or all of the Hotstar Exclusive Questions. It is clarified, that Company is entitled to increase and/or decrease the number of questions and/or withdraw, modify, alter the Hotstar Exclusive Questions at the CompanyŐs sole discretion, anytime during the Game Play.

9.     All the Participants are ranked basis the cumulative points scored by the Participants during the episode. The Prize Money shall be divided across:

a.     For episodes 9 and 10: Among the top 1,000 Participants (as per CompanyŐs discretion) post verification and independent validation processes after excluding the Participants who have already won the maximum Prize Money that a Participant is eligible to win during the season. Details of the same are available in point 3.4.4.6.

b.     For all other episodes: Among the Participants on the highest score for that particular episode post verification and independent validation processes after excluding the Participants who have already won the maximum Prize Money that a Participant is eligible to win during the season. Details of the same are available in point 3.4.4.6.

 

10.   A Participant can win a maximum prize money of INR 15 Lakhs (Rupees Fifteen lakhs only) throughout the season. This would include Prize Money, bonus money, grand prizes (if any) or any gifts (as valued by the Company)

11.   The Login ID/Social ID (email ID/Facebook ID) / Device ID of the device through which the Participant plays or registers shall be the unique identifier for that respective Participant. The scores are not transferable between email IDs/Facebook IDs and devices.

12.   The Game Play can be best experienced when the Hotstar App notifications have been turned on.

13.   All Participants 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 Game Play.

14.   Fulfilment of the Prize Money will be subject to availability of a Paytm Wallet which is registered with the same number provided by the Participant on the Hotstar App at the end of the game play of an episode, verification of Participant details, collection of documents and payment of applicable taxes, if any.

15.   All Participants are eligible to win the Prize Money subject to fulfilment of the applicable Rules & Regulations.

16.   Announcements for winners for the Prize Money are subject to an independent third party validation.

17.   To accept the Prize Money the Winner is required to submit his/her correct and accurate full name, photograph, Prize Money and all other relevant documents as maybe required (ŇPersonal Identification InformationÓ) within 72 hours from the date of request made by Company or its authorized third parties. The Winner(s) acknowledges and hereby understands that the Personal Identification Information may be displayed/showcased anytime during the telecast of the Show and/ or on the Game Play, as deemed fit by the Company under these Rules & Regulations.

18.   The Winner(s) also understands and agrees that in the event the Winner does not submit the Personal Identification Information within the stipulated timeline, the total amount of the Prize Money due to such a Winner(s) shall stand forfeited and withdrawn by the Company, at the sole discretion of the Company. The Winner for whom the Prize Money has been forfeited shall not be eligible to win the Prize Money during any subsequent episodes of the Show and/ or the Game Play. Further, such Winner (for whom the Prize Money has been forfeited) and/or any person(s) acting through such a Winner, directly and/or indirectly shall not have any claim(s), demands, request(s) etc., of any nature, regarding forfeiture of the Prize money/ winnings against the Company and/or of its affiliates and shall not be entitled to receive any other monetary or non-monetary compensation of any kind for the balance episodes of Season of the Show and the Game Play and Company shall be entitled to award the Prize Money as it deems fit in its sole discretion.

19.   Decisions made by the Company shall be final and the Company shall not be responsible for loss of data/points or any other advantage/disadvantage caused to Participants due to technical errors or issues in their device, application, internet connection and/or network coverage.

20.   In case of any queries, please write to hello@startv.com setting out your concerns/issues. We shall endeavor to reply to the same in reasonable time, however, no reply shall not construe to acceptance or the query raised.  

 

Refer to the Rules & Regulations mentioned below for more details on the Rules and Regulations governing the Game Play:

 

 

RULES & REGULATIONS GOVERNING PARTICIPATION IN SABSE SMART KAUN – PLAY ALONG GAME

 

1.     CONTEST DESCRIPTION:

ŇSabse Smart Kaun? – Play Along GameÓ is a skill based online game (Ňthe Game PlayÓ) which is being hosted on the Hotstar Application. The Game is designed to run simultaneously with the telecast of the episode of the Show and gives the Participant an opportunity to use his/her skills and knowledge by answering questions within the stipulated time, earning points for correct answers and standing a chance to win the Prize Money.

 

2.     DEFINITIONS:

For the purposes of the Rules & Regulations, the expressions used herein shall have the meaning ascribed to them as below:

a.     ŇCompanyÓ means Novi Digital Entertainment Private Limited or Star India Private Limited, as the case may be.

b.     ŇChannelÓ means Star Plus (SD and HD) which is owned and operated by Star India Private Limited.

c.       ŇDevice(s)Ó shall mean mobile phones running the Android (on OS version 5.0 or higher)  operating platforms, capable of receiving and transmitting data including via Internet and/or mobile communications technology and/or any other similar technology;

d.     ŇGame PlayÓ or ŇGameÓ refers to ŇSabse Smart Kaun? – Play AlongÓ

e.     ŇDaily LeaderboardÓ is a dashboard which will contain details of cumulative points earned during the ŇEpisodeÓ

f.      ŇHotstar ApplicationÓ or ŇHotstar AppÓ means the audio-visual platform through which the Game Play can be accessed currently branded as ŇHotstarÓ and accessible from the Device(s);

g.     ŇHotstar User(s)Ó  shall mean any person who accesses the content on the Hotstar App;

h.     ŇHotstar Exclusive Question(s)Ó shall mean the  graphical questions displayed exclusively on the Devices   for Participants in respect of Game Play.

i.        ŇEpisode(s)Ó means a telecast of the Show named ÔSabse Smart KaunŐ on Channel;

j.       ŇParticipantÓ shall mean the user eligible to participate in the Game Play in accordance with these Rules & RegulationsÓ.

k.     ŇPrize MoneyÓ means the amount that may be awarded to the Winner(s) subject to the Rules and Regulations defined herein;

l.       ŇRegistered User(s)Ó means a person who registers on the Hotstar App through an e-mail ID or Facebook ID to access and / or play the Game Play;

m.    ŇRules & RegulationsÓ means these rules and regulations governing the Game Play, as stated herein in entirety and as may be amended by the Company or the Channel from time to time;

n.     ŇScore(s)Ó or ŇPoint(s)Ó means the points earned or the score achieved by a Participant while playing the Game Play.

o.     ŇPictorial Question(s)Ó means the graphical questions displayed on the Hotstar App and during the episode of the Show.

p.     ŇShowÓ refers to ŇSabse Smart Kaun?Ó or ŇSSKÓ.

q.     ŇScoring Level(s)Ó or ŇRound(s)Ó means the different points categorized against the Pictorial Questions for each level and Hotstar Exclusive Questions.

r.      ŇSeasonÓ means the entire season of Sabse Smart Kaun? (ŇSSKÓ) consisting of approximately 80 episodes which will be aired telecast on the Channel from Monday to Friday from 6:30 PM to 7:30 PM starting 04, June 2018.

s.       ŇStipulated TimeÓ for the purposes of the Game Play shall mean either (i) the period until which the Company permits a Participant to answer any question forming part of the Game; or (ii) the time taken by the Participant to answer the question, whichever is lower, subject to a maximum of 20 seconds.

t.       ŇSabse Smart Kaun Play Along GameÓ or ŇGame PlayÓ means the online game titled ŇSabse Smart Kaun Play Along GameÓ available on the Hotstar App which may be played by the Participants on the? Device(s) in accordance with the Rules & Regulations;

u.     ŇSabse Smart Kaun Play Along Game Participant(s)Ó means any person(s) playing the Game Play on the Hotstar App and who (i) is present in India (ii) is of sound mind and health and (iii) agrees to enter into and participate in the Game in accordance with the Rules & Regulations as defined in this document.

v.      ŇWinnersÓ shall mean all Episode Winners or any other winners as may be determined and announced by the Company and/or the Channel in terms of these Rules & Regulations.

 

3.     PROCEDURE TO PARTICIPATE IN THE GAME:

3.1   Eligibility & Participation

3.1.1        You should be a user of the Hotstar App and present in India.

3.1.2        The Game Play is made available exclusively in Hindi language available exclusively on the standalone Hotstar App of the Company.

3.1.3        The Game Play will work on Android (version 5.0 and onwards) smartphones only. The Game Play may not work on tablets and other devices. The Participant is required to check compatibility on his/her device before the Game Play. The Participant should access the Game Play from another device in the event the Game Play does not work on a device.

3.1.4        The Game Play may work only in the territory of India and shall not be accessible from other territory (ies) across the world.

3.1.5        It is mandatory for the Participants to have a Paytm wallet. Prize money shall be credited to the winners in the Paytm wallet linked to the mobile number provided at the end of the Game Play. The Company shall not be responsible in cases of Prize Money forfeiture resulting due to incorrect mobile number provided or in cases where the mobile number is not linked to a Paytm Account.

3.1.6        Existing Hotstar users who wish to participate need to upgrade the Hotstar App in order to access the Game Play. New Hotstar users can access the Game Play by downloading the Hotstar App from the Play store.

3.1.7        To participate in the Game Play, the Hotstar user should be (i) present in India, (ii) of sound mind and health, and (iii) agree to enter into and participate in the Game in accordance with the Rules & Regulations as defined in this document.

3.1.8        Citizens and/or residents of countries other than India are not eligible to participate in the Game Play.

3.1.9        In case the Participant is below the age of 18 years, the Parent and / or legal guardian of the Participant consent to his/her participation in the Game and agree with the Rules and Regulations of the Game and undertake to abide by all the terms and conditions contained herein.

 

3.2   Registration

3.2.1        The Hotstar Terms of Use available at http://www.hotstar.com/terms-of-use shall apply in relation to the ParticipantŐs registration on the Hotstar App.

3.2.2        It is mandatory for a Participant to register through an email ID/Facebook ID to access the Game Play.

3.2.3        By registering through Facebook, the User allows the Company access the information available in the ParticipantŐs Facebook account. The Participant can change this by changing the privacy settings for his/her Facebook account.

3.2.4        The Hotstar User shall have to agree to the Rules and Regulations governing the Game Play prior to proceeding.

3.2.5        All Users who participate in the Game Play shall be deemed to have accepted all the Rules and Regulations as defined herein and updated from time to time.

3.2.6        The Game Play is available to all Registered Hotstar Users, and is accessible for playing, for the duration of the broadcast of the Episode on Star Plus (SD and HD).

3.2.7        The Social ID (email ID/Facebook ID) and / or the Device ID (as the Company may deem fit), through which the Participant plays the Game shall be the unique identifier for the respective Participant. We urge the Participants to use the same Email or Facebook IDs, and / or Device ID where they would be clearly identified as the Participant of the Game Play.

3.2.8        The Game points shall always accrue to the Device ID and / or email ID/Facebook ID that a Participant has used to play the Game Play for a particular episode. If a Participant logs out of device and logs into another device during the episode, the points accrued for the episode may be lost.

3.2.9        Points shall not be transferable between any two devices and/or email IDs/Facebook IDs.

3.2.10     Only one Participant is permitted to play by registering with a particular set of login credentials/email ID. The Participant must ensure that he/she does not provide his/her login credentials to others, as if these details are used by others to log into the Game Play, it may prevent the Participant from participating in the Game Play. The Company, Channel and the associated vendors will not be responsible in any manner for any instances arising due to multiple people using the same login credentials/email IDs as the Participant. In case of loss of Participant Scores due to data loss or any other technical glitches, the Company and/or the Channel shall not be responsible and no questions / queries or requests in this regard shall be entertained. The CompanyŐs decision on whether the Participant should be credited unclaimed points shall be final and binding on all Users who participate in the Game Play. In case the Company identifies any malpractice/ fraudulent usage / unfair advantage to any User / Participant, the Company may disqualify the Participant without any prior notice/intimation.

3.2.11     The Participant will not be able to answer the questions displayed on the Hotstar App while he/she is on a screen other than the Game Play area.

3.2.12     Registering on the App does not entitle the Participant to win any prize.

3.2.13     The Participant may be notified by any form of in app messaging and/or a pop-up and/or a display, requesting them to become a registered user of the Game, so as to be able to redeem Prizes.

 

3.3   Charges for Sabse Smart Kaun Play Along Game

3.3.1        Please note that the Hotstar App download is free of cost, however, the access and play of the Game shall consume data. Therefore, the use of the Hotstar App and the Game will result in the use and consumption of data for which data charges as charged by your internet service provider / telecom operator may apply. For further details, please contact your internet service provider/ telecom operator.

3.3.2        Please check with the internet service provider / telecom operator for any other applicable charges. In case any Participant uses the Hotstar App or plays the Game while roaming in a different circle/zone, additional roaming rates may apply. Please contact your internet service provider / telecom operator for the applicable rates.

3.3.3        Company will not and does not receive any monies and/or consideration from the internet service provider / telecom operators and/or any third party, in connection with the data consumed by the Participant for the Game Play

 

3.4   Sabse Smart Kaun Play Along

3.4.1        Schedule

3.4.1.1       The Sabse Smart Kaun? Play Along Game will be available on the Devices during the broadcast of each episode(s) of the Show on the Channel starting on 04 June 2018, from Monday to Friday from IST 1830 hours to 1930 hours. The duration of each episode of the show is approximately for 60 minutes including advertisement and sponsor commitments. The episodic duration of the Show maybe increased or decreased by the Company/ Channel as deemed fit, without providing prior intimation to the participants.

3.4.1.2       Episodes of the Show forming a part of the above mentioned schedule could be modified or cancelled based on programming, technical requirements, unfavorable conditions or any other reasons as the Company and/or the Channel may deem fit. The Game Play in such circumstances may be rescheduled, extended, cancelled or terminated in entirety earlier than the said schedule.

3.4.1.3       The Game Play shall not be available for the repeat telecast of the Show in any territories across the world.

 

3.4.2        Game Format

3.4.2.1    The Game Play shall require the Participant(s) to answer pictorial questions based on his/her knowledge and skills. The Game Play is designed to run simultaneously with each Show episode and gives the Participant(s) an opportunity to use his/her skills and knowledge by answering questions within the stipulated time, earning points for correct answers and standing a chance to win the Prize Money. The Company may, at its own discretion, increase / reduce / change the total number of questions that shall be asked during the episode, as it may deem fit.

3.4.2.2    The screen for each pictorial question has certain elements which when touched will light up with a yellow border.  Other areas of the screen (which are not defined as elements) may not light up, but if touched, may count as the answer option selected by the Participant.

3.4.2.3    The Participant is required to touch the screen firmly, so that the software and hardware can identify the location of the touch.  Touching the screen softly, or across more than one elements, may result in delay in capture of the answer. The Company shall not be responsible for any discrepancies in the Game Play experience caused due to brevity.  

3.4.2.4    Any touch to the screen, even by way of garments, may get recorded as the answer. The Participant(s) should be careful and very precise where the touch is made on the screen.

3.4.2.5    To improve user experience of the Game, we urge the Participants to keep their screen brightness as high, increase the phone volume, and keep the phone adequately charged throughout the Game play.

3.4.2.6    While precautions are taken to keep questions confidential, since the show is pre- recorded, the question and answer data is available with the studio Participants, audience, crew, production house, etc.  The Company and the Channel and the associated vendors will not be responsible for any leakage of the same, and its consequent impact on the ability of scoring any Participant.

3.4.2.7    During each episode, the Participant will be required to provide answers for each pictorial question within the Stipulated Time, from the time the question appears on the ParticipantŐs Device. The Participant will have a maximum of 20 (twenty) seconds to answer a particular question. The points that will be awarded for each question are dependent on the time taken to answer the question such that a Participant will have a decreasing chance of winning the maximum points awarded for that particular question with every passing second.

3.4.2.8    The time stamp recorded at the server for each question is final and binding on all Participants.

3.4.2.9    The Company and/or the Channel may increase and/or reduce the Stipulated Time to answer each question at its sole discretion and the decision of the Company and/or the Channel in this regard, will be final and binding on the Participant(s).

3.4.2.10 The rounds of questions for the round, points associated with each question are indicated below:

Round

Question Number

Maximum points

Points reduced/second

Time to answer the question for each question

Round 1

Question 1

1000

50

20 Seconds

Question 2

1000

50

Question 3

1000

50

Question 4

1000

50

Round 2

Question 5

3000

150

Question 6

3000

150

Question 7

3000

150

Question 8

3000

150

Round 3

Question 9

5000

250

Question 10

10000

500

Jackpot

Question 11

50000

2500

 

3.4.2.11 From episode 31 onwards (effective from July 16, 2018), 2 (two) additional questions (ŇHotstar Exclusive QuestionsÓ) will be displayed exclusively in respect of the Game Play on the ParticipantŐs Device(s) anytime while the Episode is on air including the ad breaks. The points associated with each of the Hotstar Exclusive Questions are as follows:

 

Question Number

Maximum Points

Points reduced/second

Time to answer each question

Hotstar Exclusive Question 1

50,000

2,500

20 seconds

Hotstar Exclusive Question 2

50,000

2,500

 

The Participants are required to stay tuned to their Device(s) throughout the Episode including the ad breaks in order to avoid missing any or all of the Hotstar Exclusive Questions. It is clarified that Company is entitled to increase and/or decrease the number of questions and/or withdraw, modify, alter the Hotstar Exclusive Questions at the CompanyŐs sole discretion, anytime during the Game Play.

3.4.2.12 There may be a possibility where the entire 20 seconds per question may not be provided to all Participants in order to be able to answer the questions forming the part of the Game Play for reasons such as, disruption in connectivity / internet, technical glitches, slow processing speed of the handsets, delay in pushing of question, etc. While the Company shall make a best effort to ensure that adequate and equal time shall be provided to all Participants to answer the questions, no questions shall be entertained in case different users get unequal time to answer the questions. The Company or any other entity concerned with organizing the Game Play shall not be responsible and liable for the same in any manner whatsoever.

3.4.2.13 The final answer displayed during the broadcast of the episode would be considered as the final answer for the Game Play.

3.4.2.14 The Company reserves the right to add more rounds and questions, change/modify the order and frequency of the rounds and questions, change the Stipulated Time and also take appropriate action in case of any rounds and questions which do not qualify in the table above.

3.4.2.15 Once the Participant selects a particular option/answer for the pictorial question presented during the Game Play, the Participant will not be allowed to change the option/answer. If for any technical and/or non-technical reasons, the CompanyŐs servers fail to register any option/answer provided and/or selected by the Participant, the Company, shall not be responsible for such delayed receipt or non-receipt or incomplete receipt or corrupted receipt of answers.

3.4.2.16 The Participant may be notified by any form of an in app display and/or in app messaging and/or a pop-up, upon the receipt of the correct and/or incorrect answers. Only those options/answers which are received within the Stipulated Time, will be considered valid.

3.4.2.17 In the event the ParticipantŐs responses to any of the pictorial questions during the Game Play are not received within the Stipulated Time due to any unforeseen reasons or errors including but not limited to technical or network errors or glitches, the Participant will not be allotted any points for answering the question, notwithstanding the fact that the Participant may have correctly answered the question through the Device.

3.4.2.18 In case multiple answer entries are received from Participant(s) for the same question, due to any unforeseen reasons or errors including but not limited to technical or network errors or glitches, the Company may at its sole discretion, choose the answer received at the first and foremost attempt by the Participant as recorded in the CompanyŐs servers.

3.4.2.19 The Company reserves the right to revise the points earned by each Participant and update the Leaderboards with the revised points in case the actual outcome of the pictorial question is different from the answer of the question displayed on the Hotstar App during the Game Play.

3.4.2.20 The Company also reserves the right to suspend all Leaderboards at its sole discretion.

3.4.2.21 The Company will not entertain any claims/questions/queries with respect to the authenticity and/or correctness of any questions and answers for these questions asked during or before any of the episodes.

3.4.2.22 The CompanyŐs decision on the correctness or incorrectness is final and binding on all Participants.

 

3.4.3        Scoring

3.4.3.1    The Participant(s) may win points as per the table in point 3.4.2.10 and 3.4.2.11 above, as provided for within the Hotstar App for every correct answer.

3.4.3.2    No points will be lost in respect of incorrect answers provided by the Participant.

3.4.3.3    The ParticipantŐs winnings may reduce due to any technical factors such as time lags, volume of traffic etc.

3.4.3.4    Participant points that are available and logged with the Company on the CompanyŐs servers shall be final and binding on all Participants. Mismatches between the points on the CompanyŐs servers and ParticipantŐs Devices could be for reasons such as (but not limited to) technology limitations, internet data breakdown, and disconnection of data link. The Company shall not be liable to the Participants in any manner for such mismatches.

3.4.3.5    In the event where the actual outcome of the question displayed during the episode is different from the answer displayed on the ParticipantŐs device, the relevant points will be granted to Participants who have selected either of answer options

3.4.3.6    In the event where the pictorial questions are incorrectly pushed on the app and/or the actual answer of the question is different from the answer displayed on the ParticipantŐs device, the Company shall decide on a suitable action and implement the same on a case by case basis. No queries / questions shall be entertained in this regard.

3.4.3.7    The Company shall not be responsible for any loss of points due to change in Device and/or email ID and/or Facebook ID. The Company shall not entertain any claims for any such losses.

3.4.3.8    There could a difference between the time visible on the GameŐs User interface and the respective points awarded to the Users. This difference could be due milliseconds taken to answer the respective questions. In all such cases, the time taken as per the server shall be final and binding to calculate the score to be awarded to the respective users. Company has the right to change the score at the server based on the actual time taken for the user to answer the respective question.

 

3.4.4        Winner determination and Prize Fulfilment

3.4.4.1    Eligible winners will be awarded Prize Money for each episode. A total of INR 15 lakhs will be awarded as the Prize Money across all Winners of an episode.

3.4.4.2    A Leaderboard for the Game Play will be maintained for each episode highlighting the ranks and points of all the Participants during the episode. The Leaderboard may be accessible / visible along with the Game Play and after the Game Play. Due to technical factors such as time lags, volume of traffic, etc., the Leaderboards may not be a true reflection of the ParticipantŐs actual real-time score. The Company reserves the right to decide the periodicity of the updates to the Leaderboards, and the number of participants whose ranks and scores will get reflected therein. Mere inclusion of a Participant in the leaderboard does not entitle the Participant to a prize.

3.4.4.3    The Leaderboard will be finalized post all the validation checks performed by a designated independent third party(ies).

3.4.4.4    The cumulative points scored during the episode will determine the ranking of Participants who are eligible to be the Winners.

3.4.4.5    The final points for each episode will be determined and displayed after adequate fraud checks are conducted

Rank

Number of winners

Maximum amount per winner (gross of tax)

Total amount

1

1

Rs 100,000

 Rs 100,000

2-1001

1000

Rs 1,400

Rs 1,400,000

TOTAL

 

 

1,500,000

3.4.4.6    The Prize Money will be divided as follows:

 

For episode 9 and 10:

 

 

 

 

 

 

In case of a tie at rank one, the Total Amount due shall be divided equally between the winners.

In case of a tie on the ranks between 2 and 1001, the Total Amount shall be divided between all the eligible winners equally

 

For all other episodes:

The Prize Money will be divided amongst all the Participants with the highest score for the Game Play for each episode.

 

3.4.4.7    The Prize Money credited to the Winners in the following manner:

a.     For Prize Money less than INR 1 lakh – The Prize Money will be credited to the respective ParticipantŐs Paytm Account

b.     For Prize Money equal to or greater than 1 lakh – The Company will transfer the Prize Money post verification of the KYC documents submitted by the winners through RTGS/ NEFT/ cheques and/or as maybe deemed fit by the Company.

3.4.4.8    It is mandatory for the Participants to have a Paytm wallet. Prize money shall be credited to the winners in the Paytm wallet linked to the mobile number provided at the end of the Game Play. The Company shall not be responsible in cases of Prize Money forfeiture resulting due to incorrect mobile number provided or in cases where the mobile number is not linked to a Paytm Account

3.4.4.9    In case the Participant does not register on the Game Play application by providing his phone number / PAN number, the winning amount due to him / her shall be forthwith forfeited and such decision of the Company shall be final and binding on the Participant.

3.4.4.10 To accept the Prize Money the Winner is required to submit his/her correct and accurate full name, photograph, Prize Money and all other relevant documents as maybe required (ŇPersonal Identification InformationÓ) within 72 hours from the date of request made by Company or its authorized third parties. The Winner(s) acknowledges and hereby understands that the Personal Identification Information may be displayed/showcased anytime during the telecast of the Show and/ or on the Game Play, as deemed fit by the Company under these Rules & Regulations.

3.4.4.11 The Winner(s) also understands and agrees that in the event the Winner does not submit the Personal Identification Information within the stipulated timeline, the total amount of the Prize Money due to such a Winner(s) shall stand forfeited and withdrawn by the Company, at the sole discretion of the Company. The Winner for whom the Prize Money has been forfeited shall not be eligible to win the Prize Money during any subsequent episodes of the Show and/ or the Game Play. Further, such Winner (for whom the Prize Money has been forfeited) and/or any person(s) acting through such a Winner, directly and/or indirectly shall not have any claim(s), demands, request(s) etc., of any nature, regarding forfeiture of the Prize money/ winnings against the Company and/or of its affiliates and shall not be entitled to receive any other monetary or non-monetary compensation of any kind for the balance episodes of Season of the Show and the Game Play and Company shall be entitled to award the Prize Money as it deems fit in its sole discretion. Company reserves the right to disqualify his/her participation in case of non-submission and/or delayed submission of Personal Identification Information after 72 hours from the date of request made by Company or its authorized third parties.

3.4.4.12 In the event any Prize Money has to be suspended or becomes unavailable due to any reason, including but not limited to technical issues, force majeure, fraud, hacking, etc. the Company reserves the right to revise the Scoring Levels and the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision by the Company.

3.4.4.13 The Company and/or the Channel will not permit or entertain any requests or claims to check / audit / challenge the logic of the factors relevant for scoring the Participants and determining rankings

3.4.4.14 A Participant is eligible to win a cumulative Prize Money (including bonus money, grand prize, gifts [as valued by the Company], and any other earnings / winnings / gifts in any other form given by the Company for participation in Sabse Smart Kaun – Play Along Game) that of INR 15 lakhs only for this Season of the Show. It is clarified, that the Participant who has already won INR 15 lakhs (cumulatively) in the previous episodes will be disqualified from winning the Prize Money for the subsequent episodes. For cases wherein the winner has won an amount less than INR 15 lakhs, the difference will be transferred to him/her while the balance amount over and above INR 15 lakhs will be forfeited. Such decision of the Company will be final and binding on the Participants.

3.4.4.15 The Company and/or the Channel has the right to recover the Prize Money from the Participant as deemed fit by the Company in cases where he/she has won more than INR 15 lakhs (cumulatively).

3.4.4.16 No alterations shall be allowed to the information submitted by the Participant regarding the Phone Number, PAN and email address. The information provided once shall be final.

3.4.4.17 The Company, the producers or any other Party connected with the conduct of the Show shall not be responsible and/or liable to verify the Phone Number or PAN as maybe submitted by the Participants prior to disbursement of Prize Money.

3.4.4.18 In case of suspension of the Application for any reason, the winner determination process will be conducted only if at least one pictorial question has been completed (i.e. the questions and the respective answers have been revealed) on the Application.

3.4.4.19 The Participant shall be informed about the result of him/her winning the Prize Money by means of in-app notifications and/or call attempts at the India mobile number provided by the Participant.

3.4.4.20 After the Game Play, the Participant will be asked to register in through a form requiring him/her to fill in his/her ten digit mobile number and PAN. In case the Participant does not submit a PAN, the Company shall assume that the Participant does not have a PAN and the Participant will not be able to claim TDS credit of the tax deducted during Prize Fulfilment. In case the Participant required a TDS certificate for the tax deducted, it shall be his / her responsibility to write to star.tdsquery@startv.com with his / her PAN to receive the TDS certificate.

3.4.4.21 All Prize Money shall be disbursed after deduction of Taxes upfront as per the tax rates prevalent at the time of disbursements under applicable law.

3.4.4.22 It is mandatory for a Participant to register in order to be eligible to win the Prize Money.

3.4.4.23 By agreeing to these Rules and Regulations the Participant agrees to be contacted at the number provided by him for purposes, including but not limited to, collection of basic KYC details, communication and acceptance of taxes to be paid the Participant, collection of KYC documents and such other details as may be deemed necessary by the Hotstar team.

3.4.4.24 In case the Participant is shortlisted as eligible to receive the Prize Money he/she may be contacted within 15 days of entering the mobile number on the Hotstar App, between 9.00 am to 9.00 pm.

3.4.4.25 Company shall endeavor to notify eligible winners by way of call / SMS, as may be deemed fit by the Company

3.4.4.26 The Company is not responsible to validate correctness of the mobile number provided by the Participant.

3.4.4.27 The Participant understands and undertakes that for him/her to be able to claim the Prize Money, it is his/her responsibility to pay all the direct taxes and other ancillary charges (gift tax, income tax, insurance, etc.) to the relevant authorities and furnish the relevant challans to the Company to enable fulfillment of the relevant Prizes.

3.4.4.28 To facilitate the Prize fulfilment process, the Company has the right, at any time, to require proof of identity and/or eligibility from the Participant(s). Upon request from the Company, the Participant may be required to furnish necessary supporting documentation, including but not limited to proof of age, address, name, photo identity and nationality

3.4.4.29 In case a Winner is below 18 years of age, his/her guardian is eligible to claim the prizes on his behalf and shall be liable to pay all the direct taxes (gift tax, income tax, TDS etc.) to the relevant authorities and may be required to furnish necessary supporting documentation as proof of relationship, age, address, name, photo identity and nationality to enable fulfilment of the Prizes.

3.4.4.30 The Company may, at its discretion, contact the Participant(s), if required, for any clarifications needed regarding the information provided by such Participant(s).

3.4.4.31 Failure to provide any proof or requested information including but not limited to KYC documents, within the timelines as may be communicated by the Company to the Participant(s), could result in the Prize being offered to the next entitled Participant/result in forfeiture.

3.4.4.32 The Company also reserves the right to forfeit the Prize in case where a discrepancy is found to exist in the information furnished/provided by the winning Participant.

3.4.4.33 The mode of Prize Fulfilment of the Prize Money will be at the discretion of the Company and/or the Channel.

3.4.4.34 The process for Prize Money fulfilment is as follows:

Amount

Mode of Payment

Up to INR 1 lakh

Payment Gateway Partner – Paytm

Equal to or greater than INR 1 lakh

NEFT/RTGS post successful KYC verification

 

3.4.4.35 The Participant must ensure that the number submitted on the Hotstar App is linked to a Paytm Account in order to claim the Prize Money.

3.4.4.36 The Prize Money will not be credited to the winnerŐs Paytm account in the following scenarios:

a.     Absence of a Paytm account

b.     Absence of KYC verification on the Paytm App.

c.      Exceeding the allowable monthly limit of the Paytm Wallet

Refer the below table for monthly limits for adding/transferring money through the Paytm wallet:

Monthly limits for

Minimum KYC

Self KYC using Aadhaar + OTP

Full KYC

Add Money to Wallet

INR 10,000 per month

INR 1 lakh balance limit & INR 2 lakhs in a year

Unlimited with maximum balance of INR 1 lakh allowed

Send Money to other Paytm users

Not allowed as per RBI guidelines

INR 1 lakh per month/beneficiary

INR 1 lakh per month/beneficiary

Send Money to any Bank Account

Not allowed as per RBI guidelines

INR 25,000 per month

INR 25,000 per month

 

3.4.4.37 In case of the above mentioned scenarios (3.4.4.35), the Payment Gateway Partner will make attempts to credit the Prize Money to the respect Paytm Wallets up to (7) seven days from the date of announcement of winners.

3.4.4.38 The Company shall send an SMS to the respective winners in case the Prize Money is not credited to the Paytm account within the stipulated time.

3.4.4.39 Call attempts will be made to the winners for KYC verification and fulfilment of Prize Money. The tele- executives will make three calls attempts each working day upto a maximum of 3 (three) working days upon to the Winners, upon being notified.

3.4.4.40 By accepting the Rules & Regulations, the Participant hereby agrees to comply with the Terms and Conditions of the Payment Gateway Partner.

3.4.4.41 Inability of the winner to claim the Prize within the defined timelines will entitle the Company to forfeit the prize forthwith and select another eligible winner, as deemed fit by the Company.

3.4.4.42 In case where the Participant was not reachable after repeated call attempts, the Prize will be forfeited. The same may be communicated through an SMS on the number on which the Participant was contacted. Company shall not be responsible if any selected Participant is not available at their respective mobile numbers or the mobile numbers are unreachable at the time of the intimation call due to any reasons as a result of which, the Participant misses his/her chance. In this case, the Participant undertakes to not hold Company responsible for the same

3.4.4.43 The Winners will be required to enter an Indian mobile number only. The Company will not contact either of the Winner(s) on any number other than an Indian mobile number

3.4.4.44 Whilst the Company shall make all reasonable endeavors to contact all Participants at each relevant juncture of the Prize fulfilment process, the Company can make no guarantee of the receipt of the attempts (notifications and calls ) by the Participant thereof and the Company shall in its sole discretion be entitled to proceed with the next entitled Participant(s) / forfeit the prize under these Rules, in case it is unable to successfully contact and communicate with the Participant or the Participant does not claim the Prize within the timelines.

3.4.4.45 All personal details and information, Personal Identification Information and KYC documents, requested by and submitted to the Company by each Participant must be truthful, accurate and in no way misleading. The Company reserves the right to disqualify any Participant(s) from the Game or terminate your account or refuse any and all current features of the Hotstar application, at its sole discretion, should the Participant(s) at any stage submit false, inaccurate or misleading personal details and/or information or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

3.4.4.46 You will be responsible for maintaining the confidentiality and security of your account information. You are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Company of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by Company or any other user of the Game Play due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.

3.4.4.47 At no point in time will the Company be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

3.4.4.48 All attempts will be made to protect the Participant data along with the points earned from loss and corruption, but in the event that such data loss happens, and because of the intricate timelines of the Winner determination process, the Company may have to continue with whatever data is available, or in any other manner as it may deem reasonable.

3.4.4.49 Employees of the below mentioned  entities are ineligible to claim the Prize Money:

a.     Novi Digital Entertainment Private Limited

b.     Star India Private Limited

c.      Sports Interactive

d.     Mashal Sports

e.     Asianet Television

f.      Vijay Television

g.     Fox Star India

3.4.4.50 Employees of Company, its respective holding, subsidiaries, associate companies and third-party service providers who have been engaged by Company for the development, promotion, administration or execution of the Game Play, and their family/household members are not eligible to download or use the Game Play.

3.4.4.51 The employees of the above mentioned organizations, hereon referred to as ŇWhite Listed ParticipantsÓ would be ineligible to claim any Prize Money.

3.4.4.52 The Company will have access to and collect ParticipantŐs Game Play information and data and any other information submitted by the Participant during the course of Game Play (ŇGame Play DataÓ) and may use this Game Play Data for the improvement of the Hotstar App and the Game in general, including by analyzing overall Participant behavior/ choices/ trends. By participating in the Game, the Participants consent to the collection, storage, processing and the transfer of and sharing of the Game Play Data by the Company or its affiliates, in accordance with the terms of its Privacy Policy which is accessible at http://www.hotstar.com/privacy-policy. It is deemed that the Participant(s) have read, understood, accepted and agree to irrevocably, unconditionally abide by and be bound by all the Rules & Regulations and to the Privacy Policy available at the above link. If you do not agree to be bound by or cannot comply with any of these Rules & Regulations and the Privacy Policy, please do not continue to submit any content. Your failure to accept or comply with the provisions of these Rules & Regulations and the Privacy Policy will disqualify you from participation. The decision of Company for all matters relating to your participation shall be final and binding in all respects.

3.4.4.53 By providing any personal information, to the extent permissible under law, you hereby expressly waive Your privacy rights and/or any privacy expectations that you may have with respect to the use of their likeness or personal information furnished by you.

 

 

3.5   Other Terms and Conditions

3.5.1        Participants understand that the Game Play has been conceptualized and been conducted by Company in relation the Show and the Application is being used as a platform to enable reach of the Game Play to users, viewers and participants.

3.5.2        The Game Play is meant for entertainment and recreational purposes only, and is not a contest, award or challenge or other form of formal event.

3.5.3        The Game Play will be available only in the landscape mode on the Hotstar Application. The Company will not be responsible for any break or disconnection or disruption in network connectivity in any manner, irrespective of the network being used. Network issues can disrupt various aspects of the Game Play such as receipt of questions and answer options, receipt of any sound, text, video streams related to the question, receipt by the Company of answer chosen by the Participant, etc. The Participant is advised to remain in an area with a strong and stable/ continuous mobile network signal of the telecom operator or internet service provider to ensure smooth functioning of the Game Play.

3.5.4        Any loss or outrage or dissatisfaction suffered during the course of playing the Game Play by a Participant would not be the responsibility of the Company and/or the Channel and/or its associates/ affiliates and the Company and/or the Channel or its associates/affiliates will not  be responsible to make good any such loss or dissatisfaction.

3.5.5        In the event the response of the Participant is not received by the Company within the Stipulated Time for the question for any reason, the Participant would not receive points in the event that question(s) was answered correctly by him/her.  The Participant can continue to answer questions once re-connected to the central Game Play server(s). Company or its vendors and partners are not responsible for any such instances.

3.5.6        Other than the Devices (defined in point 3.1.3), the Game Play will not be accessible on landscape mode, or through web browsers, and any third party live TV streaming medium or any other operating systems/platforms on which the Hotstar App is available.

3.5.7        The Company will endeavor to ensure that the integrity of the game is maintained at all times and will take reasonable steps in this regard.

3.5.8        By agreeing to these Rules & Regulations, you permit the Company to contact you on the India mobile number disclosed by you, even if that number is registered on the Do Not Call/Disturb Registry. 

3.5.9        By accepting the Rules & Regulations, the Participant agrees and authorizes the Company to use any information available and linked to his User ID (Email or Facebook ID) provided at the time of registration on the Hotstar App in terms of the Privacy Policy of the Hotstar App available at http://www.hotstar.com/privacy-policy .

 

3.6   SYSTEMS AND AVAILABILITY

3.6.1        Prior to the start of the Game, the Participant must check that the Hotstar App is updated, operational and functioning correctly. The Participant is advised to keep adequate RAM and phone memory available to ensure smooth functioning of the Game. Quitting other applications on the Device will also help towards smoother Game Play experience in case of some phones.

3.6.2        Participant is advised to keep the Device from which the Game is played, adequately charged. Low battery may result in shut down of the network and / or Device and that will result in the Participant not being in a position to play the Game.

3.6.3        The Company servers used to communicate with the Hotstar App for the Game Play have adequate redundancies built into it. However, in the rare instance that the server may be down during the Game, the Company will, at its discretion but not as an obligation, determine such measures as it may deem fit, including cancelling certain sections or segments or question(s) from the Game at the discretion of the Company.

3.6.4        All Participants may need to adjust the Device display, font, brightness and resolution to default size or lower to ensure that they are able to play the Game on their Devices properly.

3.6.5        An on-going Participant(s) could lose out on the opportunity to play one or more questions (and hence lose points) in any of the following, but not exhaustive, scenarios:

a.     Where a Participant answers a call / message / etc. on the Device where he/she is playing the Game;

b.     Where a Participant exits the Hotstar App while playing the Game;

c.      Where a Participant force quits an App or restarts his/her Device during Game Play;

d.     Where there is a network drop or battery drain-out during Game Play;

e.     Where the Device on which the Game is being played hangs during Game Play;

f.      Where the Device auto-locks, screen times out during the course of the Game;

3.6.6        In the event the Game Play is terminated mid-session for any reason whatsoever, or where the Game or the ability of a Participant to play the Game is affected by any network / IT / phone related issue, and/or where a Participant exits the Game in the middle of an on-going question, the Participant will be permitted to rejoin the Game only when the next question is about to be displayed.

3.6.7        The scenarios present hereinabove are only by way of example and there could be additional scenarios, beyond CompanyŐs control, wherein the Participant Game may be interrupted, and/or the Participant may lose an opportunity to answer any question. Under all such scenarios, the Participant will be permitted to rejoin the Game only when the next pictorial question is displayed and the Company will not be liable in any manner for such interruption in the Game Play and/or any lost opportunity to answer any of the questions during Game, which results from technical and non-technical reasons attributable solely to the Participant, its Device, the internet and/or mobile networks and/or any other force majeure conditions.

3.6.8        Company will not be responsible for any loss, outrage from or dissatisfaction suffered by the Participant, during Game Play or otherwise arising out of or resulting from the Game in general. Company or its associates/affiliates will not be responsible to make good any such loss, outrage or dissatisfaction.

3.6.9        While all attempts will be made to protect the Game Data, including the data pertaining to the correct answers given by each of the Participants, from loss and/or corruption, Participants agree and acknowledge that no system is fail proof and/or un-hackable. In the event of any data loss, Company may have to continue with whatever data is available, or in any other manner as it may deem reasonable. The Company will not be responsible for any such loss of data or the action taken by the Company for the continuity of the Game Play on account of the same. The Company will not be held responsible to make good any loss or dissatisfaction suffered by the Participant, on account of such loss.

3.6.10     The Game Play on the Hotstar App may not coincide with the telecast on television (across all types of feeds [HD / SD, etc.] and platforms [DTH / cable / IPTV, etc.]). This may result into some time lag between the television and the Hotstar App, and the questions asked in the Game Play, and may give an advantage to some Participants over the others. Please note that the Company reserves the final right to determine any issues of any time lag and its decision regarding the same shall be final. Pertinently, if the Company learns that this time lag has been used by any Participant to gain any unfair advantage in the Game to win Prizes, the Company reserves the right to immediately suspend / terminate the ParticipantŐs Game, without any prior notice to the Participant. The CompanyŐs decision on this will be final and binding.

3.6.11     The Participant acknowledges and agrees to hold harmless the Company and its partners 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 the Participant or the ParticipantŐs property or device shall not be the responsibility of the Company or its partners.

3.6.12     In case any unauthorized activity is observed on the Game, that particular Participant will be disqualified to play till such time as the Company deems fit. The Company would not be responsible in any manner whatsoever on account of such disqualification.

3.6.13     Company shall not be liable for any failure of the Hot Application server or system in the course of playing the Game.

3.6.14     While the Company shall endeavor to make all reasonably practicable arrangements for the continuity of the Game, it cannot guarantee or assure seamless connectivity or continuous availability of the Hotstar Application, server, system or software to the Participants during the conduct of the Game as these are dependent on external utilities/service providers and factors which could be beyond the control of the Company. 

3.6.15     Company and its sub-contractors are not responsible for delayed receipt or non-receipt or incomplete receipt or corrupted receipt of answers.

3.6.16     The Company accepts no liability and shall not be responsible and/or liable in any manner whatsoever in case the Participant(s) are unable to participate in the Game due to failure on the part of the telecom operator, internet service provider, facility provider, etc., or due to capacity constraints.

3.6.17     In the event the Game Play ceases to operate due to any unforeseen issues, including but not limited to technical issues or force majeure, the Company reserves the right to discontinue the Game for future and revise these Rules and Regulations to accommodate such discontinuation. The Company shall not be responsible or liable for any losses caused due to such discontinuation.

3.6.18     It shall not be open for the Participant(s) or any of their representatives to require an audit or verification of the any of the systems, databases, software, hardware used to host the Hotstar App or the Game, or any other criteria, process or system adopted by the Company as part of the process of conduct of the Game or selection of winners resulting therefrom.

3.6.19     No person (i.e., either the Participant or any person on behalf of the Participant) shall initiate litigation against the Company or its partners in any manner, in connection with the Game Play and/or the eligibility and/or the participation in the Game without first writing in to the Company at hello@startv.com setting out its concerns/issues and providing the Company a reasonable opportunity to address such concerns/issues.

 

3.7   GENERAL TERMS AND CONDITIONS

3.7.1        The ParticipantŐs participation in the Game(s) shall be considered to be acceptance of these Rules & Regulations.

3.7.2        The Participant hereby represents that he/she is not under any contracts, exclusive or otherwise, with any other third party/ agency or is not under any kind of disqualification or disability under law, to enter into an agreement with the Company or its affiliates, as the case may be.

3.7.3        The Participant shall undertake, warrant and guarantee to the Company that the Participant has the full legal capacity to participate in the Game in accordance with these Rules & Regulations.

3.7.4        The Participant acknowledges that he/she has voluntarily chosen to participate in the Game at his / her free-will and is willing to bear all risk, costs & consequences arising from such participation in the Game.

3.7.5        The Participant agrees that Company shall not be responsible if Participant is unable to access Hotstar App at any point of time, and as a result of which, you lose the chance to participate in Game Play.

3.7.6        The Participant shall not have any claim against the Company and/or any of its affiliates connected with the Game. The Company or any of the affiliates or vendors connected with the Game shall not be responsible for any such eventuality and the Participant(s) shall not be entitled to claim any compensation from the Company.

3.7.7        In the event of any fault, misunderstanding or dispute concerning any part of the Game, 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 Participant(s) and other persons. The Company is empowered to take a decision on any case or instances not covered by the present Rules & Regulations.

3.7.8        The Company reserves the right to amend (add, delete or modify) the Rules & Regulations prospectively or retrospectively, at its discretion and without prior intimation to you in order to improve the Game or remedy any issues that may occur.  You are requested to carefully read these terms and conditions from time to time before using the application for Game Play/participating in Game Play. It shall be your responsibility to check these terms and conditions periodically for changes. Company may require you to provide your direct or indirect consent to any update in a specified manner before further use of application for Game Play. If no such separate consent is sought, your continued use of application for Game Play, following such changes, will constitute your acceptance of those changes.

3.7.9        The Company has the sole right at any time/to alter/ amend/ withdraw/ replace/discontinue and/or terminate the Game without any prior intimation or notice to the public and the Company is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Game.

3.7.10     If the operation of the Game, the transmission and/or the broadcast of any/all of the episodes is prevented by an event of force majeure or otherwise, the Company may cancel all or any part of the Game or take such other decision as it deems fit.

3.7.11     If any provision of these Rules & Regulations is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Rules & Regulations and the remainder of the affected provisions shall continue to be valid.

3.7.12     These Rules & Regulations and the Game shall be governed by and construed in accordance with the laws of India and the Participant(s) submit irrevocably to the jurisdiction of the Courts in Mumbai.

3.7.13     Any dispute or claim arising out of or in relation to the Game Play or these Rules and Regulations 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.

3.7.14     Subject to the provision of Paragraph 3.7.13 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.

3.7.15     The Company is empowered to take a decision on any case not covered by the present Rules and Regulations.

3.7.16     The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise, caused to the Participant(s) and arising as a result of his/her participation in the Game.

3.7.17     The Participant(s) hereby agree to indemnify the Company or its affiliates against any claims that might arise from their actions or omissions while participating in the Game.

3.7.18     The only way to enter Game is through participation as described in these Rules & Regulations. There is no other way of entering the Game. Any person claiming that he/she can help get you access to the Game for a consideration is defrauding you. Please contact your local police and report this person immediately. 

3.7.19     Participant shall not have any ownership interest, license or other rights in the application for Game Play or any intellectual property rights therein, whether by license, implication, estoppel or otherwise.

3.7.20     Company reserves the right to change or modify the content from time to time at its sole discretion. The trademarks, logos and service marks displayed ("Marks") are the property of Company or respective third parties. You are not permitted to use the Marks without the prior consent of Company, or the third party that may own the Marks. Unless otherwise indicated, Company owns all intellectual property rights to and into the trademark "Sabse Smart Kaun?", and the Hotstar App, including, without limitation, any and all rights, title and interest in and to copyright, trade mark, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. Participant shall not, and shall not permit any third party to, disassemble, reverse engineer, attempt to find the underlying code of, decompile or circumvent any security or access control mechanism of Game Play.

3.7.21     Subject to this Rules & Regulations, Company hereby grants you a limited, non-exclusive, non-sub licensable and non-transferable license, limited to the territory of India, to use the Game Play and the content solely for purposes of using the Game Play 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 Company or thirty party owners of such content.

3.7.22     Subject to the Rules & Regulations, you may access, view and otherwise use the Game Play (including, without limitation any services provided on or through the Hotstar App) for your personal (non-commercial), lawful use only. You must not use the Game Play and any services provided through it in a manner which is prohibited by Rules & Regulations or applicable law.

3.7.23     Company in its sole discretion may suspend or terminate and/or block you from accessing all or any part the Hotstar App and/or any service provided therein if you breach or are suspected to be in breach of this Rules & Regulations or any applicable law or if you are found to be misusing the Hotstar App or are engaged in illegal or fraudulent use of Hotstar App in any manner. Suspension or termination of your account may result in loss or destruction of any information/data associated with such account.

3.7.24     All these Rules &Regulations are specific to the Game in relation to the Show and do not supersede or substitute the Terms of Use of the Hotstar App available at www.hotstar.com/terms-of-use.

3.7.25     All notices with respect to these Rules & Regulations from Company will be served to you by email or by general push notification or such other mode of communication as may be chosen by Company in its sole discretion.

3.7.26     The Game Play, content and any third-party content are provided by Company is on an "AS IS" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Game Play/content will meet your requirements or your use of the Game Play or application will be uninterrupted, timely, secure or error-free or the application will always function without delays, disruptions, or imperfections; (ii) the results that may be obtained from the use of the app/content will be effective, accurate or reliable; (iii) the quality of the Game Play or application will meet your expectations; or that (iv) any errors or defects in the app/content will be corrected. No advice or information, whether oral or written, obtained by you from Company or through the content/Game Play or from use of the Game Play/content shall create any warranty not expressly stated herein.

3.7.27     To the maximum extent permitted by applicable law, Company will have no liability related to the Game Play /app /content /user content and / or third-party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of contest/app /any content and / or third-party content.

3.7.28     You expressly understand and agree that Company shall not be liable or responsible in any manner for: (1) failed, returned or misdirected notifications based on inaccurate information provided by you; (2) entries and/or responses made by you or for any loss or damage to you due to any computer or technical error of any kind; (3) any electronic miscommunications, utility or communication failures, technical hardware or app crash or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an your ability to use the app and/or to participate in the contest made available through the app; (4) any technical malfunctions of the telephone network, computer online system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the app or otherwise in connection with this Game Play. You hereby undertake to hold harmless and indemnify Company, its affiliates, its group companies, their respective officers, directors, employees or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by you and also to the extent possible under law, waive 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 forums to claim any damages or reliefs;

3.7.29     You hereby understand that Company  makes no representation and/or warranties regarding the Game Play or any matter in connection therewith other than those expressly given in these Rules & Regulations and hereby expressly disclaims all other warranties, expressed or implied;

3.7.30     You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Company promptly, as and when called upon, in relation to your participation in Game Play. Company reserves the right to reject your information and/or documents and disqualify your participation in case of non-submission and/or delayed submission of such additional documents.

3.7.31     You hereby agree and undertake that, Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to Game Play.

3.7.32     These Rules & Regulations, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding Company shall, at all times, without any restriction/s and/or prior approval/s have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further, you in consideration of your participating in Game Play, hereby grant an royalty free, exclusive, perpetual, sub licensable license to Company for use in the entire world in any media deemed fit.

3.7.33     Notwithstanding the foregoing, under no circumstances will Company and/or its affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

3.7.34     Notwithstanding anything contained herein, you expressly agree that you  shall  not  seek  to  enjoin  or  restrain  the  production, exhibition, distribution, licensing, advertising and/or promotion of any of  CompanyŐs or third partiesŐ programming, promotional or marketing plans and/or any other rights  including  but not limited to intellectual property  rights or  content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of Rules & Regulations by you, Company shall be entitled to any and all remedies in law and/or equity;

3.7.35     You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between you and Company. You further acknowledge that mere submission of information and/or documentation and/or participation in Game Play shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between you and Company.

3.7.36     You undertake that you shall adhere to the policies of Company as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct..

3.7.37     You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to you from an employee or representative at Company or any third party engaged by Company in connection with this Game Play; and agree to make no public press announcements or information for publication without the explicit approval of Company.

3.7.38     You further understand and acknowledge that nothing herein obligates Company to maintain confidentiality in respect of the information submitted by you or any part thereof, which is (a) already available or known publically; or (b) has been made available to Company by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Company, its affiliates or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Company from any third party;

3.7.39     You hereby acknowledge that your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Rules & Regulations.

3.7.40     You shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional activity or otherwise which may bring Company into public disrepute.

3.7.41     You acknowledge that in case the Game Play and/or any of CompanyŐs obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India then such non-performance or failure shall not be deemed as a breach of these Rules & Regulations, then Company shall be at liberty upon their sole discretion to terminate  the Game Play  and/or the participation of a Participant forthwith and such decision shall be final and binding.

3.7.42     The contents as detailed in this Rules & Regulations (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between You and Company in this connection, and supersedes all prior understandings, if any, whether written or oral, between you and Company, in this connection.

3.7.43     You hereby acknowledge that you have fully read these Rules & Regulations voluntarily, without coercion or any undue influence on the part of Company and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Rules & Regulations.

 

 

End of Document