KEY RULES AND REGULATION GOVERNING PARTICIPATION IN THE ABOVE ALL POLL (“Key Rules”)
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Specific Terms
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Overview:
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The ‘Above All Poll’ is a skill based online poll which is being hosted on the
JioHotstar Application which is owned and operated by the Company. The Poll Play is
meant to, inter alia, engage you with the Show.
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The Company may display one or more questions for the Poll on each set of Poll Days
during the Period and reserves the right to amend and update the Poll Day(s), Poll
or any aspect thereof, at its sole discretion.
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The Poll may not be active throughout the day, for each Poll Day. The Company shall
decide, in its sole discretion, if and when the Poll is to be made available.
- The Poll and all aspects of it are meant for interactivity only
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Participation Process:
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The Company may make available the Poll on the JioHotstar Application, from time to
time, during the Period. You should refer to the active Poll interface visible on
your Device to see the Poll banner (if any) active at any given point in time.
Clicking on the banner will open the Poll page. Once you click on ‘Participate Now’ or the button is auto-clicked due to User inactivity, the Poll will commence.
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You can respond to the active Poll question by clicking on the answer option that
you find most suitable. Once you select an answer option for the question presented
during the Poll, you will not be allowed to change the answer option.
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The questions of the Poll and/or the results thereof may impact the Show, at the
Company’s sole discretion.
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Scoring:
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While a percentage of the votes received for each Poll option may be displayed when
you respond to a Poll question or at any time subsequently, it is clarified that the
Company shall not maintain any record of you voting for the winning option, nor
shall your vote being for the winning option entitle you to any gratification,
benefit etc.
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General
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Availability:
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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.
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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.
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You will not be able to answer the questions displayed during the Poll when you are
in the process of registering on the JioHotstar Application.
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Eligibility:
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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.
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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) play the Poll on the JioHotstar Application including providing responses to
the questions during the Poll, (iii) be present in India, and (iv) be of sound mind
and health.
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The Participation in the Poll will be governed solely by the requirements under the
applicable privacy and data protection laws in India.
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The Poll may be accessible to people who are below the age of 18 (eighteen) years as
on 10th May 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 win any prize or obtain
any benefit pursuant to the Poll.
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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.
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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.
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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 Poll.
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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
https://www.hotstar.com/privacy-policy, each as updated from time to time.
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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.
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Employees of the Company, its associates, affiliates and its service provider(s),
are ineligible to claim any prize or benefit pursuant to any other contests and/or
quizzes run by the Company during the Poll.
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Technical requirements:
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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.
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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 (as applicable).
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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.
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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.
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Participation process:
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You can register or log-in to the JioHotstar Application through your phone number
(authenticated by an OTP verification) for participating in the Poll.
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Costs and payments:
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The JioHotstar Application is available for download free of cost, however, the
viewing of the Show and access to and playing of the 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.
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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.
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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.
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There is no requirement of payments or wagering (monetary or non-monetary) in order
to participate in the Poll.
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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.
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Your Conduct:
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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.
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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.
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You shall not attempt to transmit content regarding services, products, surveys,
contests, pyramid schemes, spam, unsolicited advertising or promotional materials,
or chain letters.
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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 thereof solely for purposes of
participating in the Poll and services provided therein (if any). 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.
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Subject to these Terms and Conditions, you may access, view and otherwise use the
Poll (including, without limitation any services provided on or through the
JioHotstar Application) 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.
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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.
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Company’s rights:
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The Poll and any aspect(s) thereof will be made available on the JioHotstar
Application as per the discretion of the Company.
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The Company, at its own discretion may choose to run other forms of contests, bumper
rounds, games and quizzes hosted by the Company or third-party sponsors and partners
during the course of the Poll.
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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.
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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.
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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.
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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.
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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.
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The Company is empowered to take a decision in relation to the Poll on any case not
covered by the present Terms and Conditions.
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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.
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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).
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The Company, at its own discretion, may choose to display sponsor advertisements
during the Poll which shall be visible on all User’s Devices.
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Data and privacy:
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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.
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The Company will have access to and collect information and data related to your
participating 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
https://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.
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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.
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Promotions, releases, and confidentiality:
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You may be required to make yourself available for the Company and participate in
any activity and/or campaign of any nature whatsoever without any money payable to
you.
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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.
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You shall not disclose any information whatsoever relating to the Company to any
other party including screen shots of the Poll and/or the Show on social media
websites unless permitted by the Company.
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Intellectual property:
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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
Property and/or the Show Intellectual Property therein, whether by license (except
as provided in sub-section (2) below), implication, estoppel or otherwise.
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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, contests, 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.
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Disclaimers:
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Any loss or outrage or dissatisfaction suffered during playing 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.
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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.
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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.
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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.
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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.
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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.
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Support:
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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.
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Miscellaneous:
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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.
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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.
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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.
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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.
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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.
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Additional Terms:
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Please also refer to the specific terms governing the Poll in Part I, since these
shall also apply to your participation in the Poll.
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Key Definitions
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For the purposes of the Terms and Conditions, the expressions used herein shall have the
meaning ascribed to them as below:
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“Company” means Star India Private Limited; and includes its
associates and affiliates for the purposes of the Poll, the Show and any section
thereof.
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“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.
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“JioHotstar Application” or “JioHotstar App” means
the audio-visual streaming platform, owned and/or operated by the Company, currently
branded as “JioHotstar” and accessible from the Device(s).
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“JioHotstar Application User(s)” or “User(s)”
shall mean any Registered User who accesses the Poll on the JioHotstar Application.
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“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.
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“Period” shall mean the period commencing from 10th May 2025, which
shall continue until such date(s) 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.
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“Poll Days” shall mean the set of days from 10th May 2025 to 17th
May 2025 and the set of days from 1st June 2025 to 7th June 2025, or such other
date(s) as may be determined by the Company in its sole discretion.
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“Poll Intellectual Property” shall include but not be limited to
‘Above All Poll’, creatives, Poll 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.
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“Poll Play” refers to the act of participating in the Poll by
responding to the poll questions in relation to cricket, the Show or any other topic
chosen by the Company.
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“Registered User(s)” means a person who registers on the JioHotstar
Application through phone number to access the JioHotstar Application.
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“Show” shall mean “Roadies XX”, made available on the JioHotstar Application in respect of which the Poll is
made available.
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“Show Intellectual Property” shall include but not be limited to
the name ‘Roadies XX’, 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.
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“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.