KEY RULES AND REGULATION GOVERNING PARTICIPATION IN GYAAN CHECK, 2024 (“Quiz”) AND BINDAAS POLL, 2024 (“Poll”) (“Key Rules”)

  1. Gyaan Check Quiz

    1. Overview:
      1. ‘Gyaan Check’ is a skill based online quiz (‘Quiz’) which is being hosted and can be played on the Disney+ Hotstar Application which is owned and operated by the Company. The Quiz is meant to, inter alia, test the Participant’s knowledge of the topic(s) covered in the Quiz and/or engage the Participant with the Show and/or the Matches. 
      2. The Quiz requires the Participants to answer questions which can be based on trivia and/or can be contextual in nature and related to cricket and/or the Matches or the Show or any other topic that the Company may decide. Participants will receive Points based on the question(s) they answer currently. A Quiz round will be conducted on each Quiz Day during the Period, which will consist of 5 (five) questions or such other number of questions that the Company may decide from time to time. 
      3. The order and frequency in which each type of question may be asked and the total number of questions to be asked in each round of the Quiz is at the sole discretion of the Company.
      4. The Quiz can only be played once per Quiz Day per User account. In the event that a Participant plays the Quiz from different profiles on different Quiz Days, (a) the name used in the profile through which the Participant plays on any Quiz Day will be taken into consideration by the Company on that Quiz Day; and (b) the name used in the main profile associated with the User account will be taken into consideration by the Company for the entire Period. 
      5. The Quiz and the questions will not be available on each day during the Period. The Participants are requested to check the Disney+ Hotstar Application and/or the Match page to see if the Quiz is made available on that day.
    2. Participation process:
      1. The Quiz will be available for a limited time on the Disney+ Hotstar Application in the form of a banner on the page where the Show is available. Clicking on the banner will open the Quiz page. Once the Participant clicks on ‘Start Playing’ or the button is auto-clicked due to User inactivity, the Quiz will commence. 
      2. After the Quiz commences, and during the time that the Quiz is active, a Participant may select their response to the relevant question by clicking on the corresponding answer option.
      3. Once the Participant selects an answer option for the question presented during the Quiz, the Participant will not be allowed to change the answer option. If for any technical and/or non-technical reasons, the Company’s 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 receipt of corrupted answers.
      4. Only the responses received from Participants in the time during which the Quiz is active on the Disney+ Hotstar Application shall be deemed valid and taken into consideration for scoring. In the event a Participant’s response to any of the questions during the Quiz is not received within this time, due to any unforeseen reasons or errors including but not limited to technical or network errors or glitches, Device auto-locks, screen time outs during the course of the Quiz; 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 on the screen of the Device. The Participant can continue to answer questions once re-connected to the central Quiz server(s). The Company is not responsible for any such instances.
      5. In case multiple answer entries are received from a Participant 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 last attempt by the Participant as recorded in the Company’s servers.
      6. The Participant may be notified by any form of in-Application messaging and/or a pop-up and/or display on the Quiz screen, upon the receipt of the correct and/or incorrect answers. 
      7. The Company will not entertain any claims/questions/queries with respect to the authenticity and/or correctness of any questions and/or answers. 
      8. The Company’s decision on the correctness or incorrectness of Participants’ Points computation is final and binding on all.
    3. Scoring:
      1. The Participant wins Points by answering questions displayed on the Participant’s Device during the Quiz. Points associated with each question along with any additional Points to be won are mentioned below:

        Type of Points

        Number of Points awarded

        Correct answer

        20 points per correct answer in each Quiz round

        Incorrect answer

        0

        Bonus points for playing the Quiz on consecutive Quiz Days. Participants must respond to all questions of that Quiz round to be eligible for bonus points. These bonus points will be added only to the cumulative Scores of the Participants across the Period, and not to the day-wise Scores of the Participants.

        10 points multiplied by each time the Participant has played the Quiz.


        Examples:

        - If a Participant participates in the Quiz (i.e. responds to all questions in a Quiz round) on 5 consecutive Quiz Days, he/she will get 50 bonus points the 5th time he/she participates in a Quiz round.


        - If a Participant participates in the Quiz (i.e. responds to all Quiz related questions in a Quiz round) on 10 consecutive Quiz Days he/she will get 100 bonus points the 10th time he/she participates in the Quiz.

        Additional Points on each Quiz Day – When the User shares the link to the Quiz via the ‘Share with Friends’ button made available on the Quiz page on the Disney+ Hotstar Application.

        100 points

        The additional Points as above are awarded to the Participant only once per Quiz Day that takes place in the Period. 
      2. The Company reserves the right to edit/add more question/answer options and change the Points associated with a question, at its discretion. The Participant is advised to frequently refer to the Quiz rounds displayed during the Period for an enhanced participation experience.
      3. The top 5 (five) scorers on a particular Quiz Day may be mentioned on the Show; and the top 100 (hundred) scorers may have their names listed on the daily leaderboard which may be published on the Quiz interface on the Show page on the Disney+ Hotstar Application. 
      4. The Company will also maintain a record of the cumulative Points scored by all Participants during the Period and may publish a cumulative leaderboard of the top 100 (one hundred) high scorers for the Period on the Quiz interface on the Disney+ Hotstar Application. The names of the top 5 (five) high scorers during the Period may also be mentioned during the last episode of the Show. 
      5. The number of high scorers selected for the any mention on the Show, or any leaderboard may change at any time, at the Company’s or the Show anchors’ discretion.
      6. The Participant is advised to refer to the ‘Leaderboard’ tab in the Quiz interface on the Disney+ Hotstar Application and to check whether their name is mentioned in any leaderboard. 
      7. The Participant should refer to the active Quiz interface visible on his/her Device to view the active daily quiz rounds. Details of the daily quiz round-wise Points accumulated can also be accessed through the Quiz interface. The Company reserves the right to amend and update the daily Quiz round and Points mechanism at any point in time during the Period. 
      8. Any Points that a Participant scores will automatically get linked to the Participant’s mobile number on the Disney+ Hotstar Application, and the profile name of the profile used for playing the Quiz will be used for mentioning the Participant’s name on the Show or on any leaderboard. However, if the profile name of the Participant is profane, derogatory, or fictional, then the Company reserves the right to not mention such Participant at all, irrespective of their Score.
      9. With respect to determining the highest scorers of the Quiz on any particular Quiz Day, if there are 2 (two) or more Participants with the same Score then the tiebreaker between such tied Participants shall be:
        1. the total watch time of the Participants, of the Show and the Match, on the Quiz Day immediately preceding the current Quiz Day for which the tie breaker is applicable; or
        2. a randomizer, or a combination of both, as may be determined by the Company, in its sole discretion, for each round of the Quiz run during the Period. For the avoidance of doubt, it is clarified that the tiebreaker process may be different on different Quiz Days within the Period.
          The higher the watch time of a Participant (if applicable), the higher the Participant will be placed in the tie-break. 
      10. Similarly, with respect to determining the highest scorers of the Quiz during the entire Period, if there are 2 (two) or more Participants with the same Score then the tiebreaker between such tied Participants shall be: 
        1. the cumulative watch time of the Participants, calculated as mentioned in paragraph 9(i) above, for the entire Period; or
        2. a randomizer, or a combination of both, as may be as determined by the Company, in its sole discretion.
          The higher the watch time of the Participants (if applicable), the higher the Participant will be placed in the tie-break. 
      11. The watch time for all Participants shall be as per the systems, policies and reports of the Company. The Company will not entertain any claims/questions/queries with respect to the authenticity and/or correctness of any questions and/or watch time reports.
      12. Participants may lose accumulated Points in case of uninstalling/reinstalling/refreshing the Disney+ Hotstar Application/clearing the Disney+ Hotstar Application cache data or any other technical glitches. The Company shall not be responsible for any such loss and the Company shall not entertain any claims for any such loss.
      13. In case of loss of Points due to loss of phone, data loss, login/logout issues, loss of Points due to multiple logins from the same Device, any other any other Participant-led gamification manipulation, or any other technical glitches, the Company shall not be responsible to identify the actual Participant who has played the Quiz and no questions/queries or requests in this regard shall be entertained. The Company’s decision on whether the Participant should be credited unclaimed Points shall be final and binding on all Users that participate in the Quiz. In case the Company identifies any malpractice/fraudulent usage/unfair advantage including but not limited to use of cheats, exploits, automation, software, bots or any unauthorized third-party software, the Company reserves the right to disqualify the Participant without any prior notice/intimation.
      14. Participants’ Points that are available and logged with the Company on the Company’s servers shall be final and binding on all Participants. Mismatches between the Points on the Company’s servers and Participants’ Devices could occur due to reasons such as (but not limited to) technology limitations, internet data breakdown, receipt of multiple technical triggers, login issues and disconnection of data link. The Company shall not be liable to the Participants in any manner for such mismatches.
      15. Due to technical factors such as time lags, application refresh, volume of traffic etc., the leaderboards visible in the Disney+ Hotstar Application may not be a true reflection of the Participants’ actual real-time Score calculated at the technical server. The Company holds no responsibility for delays in update to leaderboards on the Participants’ Devices and reserves the right to determine and monitor the periodicity of the updates/refresh to the leaderboards, and the number of Participants whose ranks and Scores will get reflected therein. 
    4. Additional terms:
      1. By Participating in the Quiz, the Participant allows the Company to access and mention/display personal information such as their names and Scores in the Show or on any leaderboard, and/or for any other marketing activity.

  2. Bindaas Poll

    1. Overview:
      1. ‘Bindaas Poll’ is a skill based online poll which is being hosted on the Disney+ Hotstar Application which is owned and operated by the Company. The Poll Play is meant to, inter alia, engage you with the Show and/or the Matches.
      2. The Company may display one or more questions for the Poll on each day of the Period and reserves the right to amend and update the Poll or any aspect thereof, at its sole discretion.
      3. The Poll may not be active throughout the day, for each day of the Period. The Company shall decide, in its sole discretion, if and when the Poll is to be made available.
    2. Participation Process:
      1. The Company may make available the Poll on the Disney+ Hotstar 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 ‘Start Playing’ or the button is auto-clicked due to User inactivity, the Poll will commence.
      2. 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. However, do note that there are no correct or incorrect answers in the Poll.
    3. Scoring:
      1. While a score will be displayed when you respond to a Poll question, it is clarified that the Company shall not maintain any record of this score, nor shall this score be considered for any mention on the Show and/or any leaderboard. The Poll and all aspects of it are meant for interactivity only.

  3. General

    1. Availability:
      1. The Quiz and Poll are available only in the English language and in the portrait mode of the Disney+ Hotstar Application. The Quiz and Poll can be best experienced when the Disney+ Hotstar Application notifications have been turned on.
      2. Other than the Device(s), the Quiz and 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 Disney+ Hotstar Application is available.
      3. You will not be able to answer the questions displayed during the Quiz and/or the Poll when you are in the process of registering on the Disney+ Hotstar Application. 
    2. Eligibility:
      1. The Quiz and/or 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 Quiz and/or Poll shall be applicable only for Users who are eligible and participating through the Disney+ Hotstar Application in India. 
      2. To participate in the Quiz and/or the Poll, the User should (i) agree to enter and participate in the Quiz and/or the Poll in accordance with the Terms and Conditions as defined in this document, (ii) play the Quiz and/or the Poll on the Disney+ Hotstar Application including providing responses to the questions during the Quiz and/or the Poll, (iii) be present in India, and (iv) be of sound mind and health. The Participation in the Quiz and/or the Poll will be governed solely by the requirements under the applicable privacy and data protection laws in India. 
      3. The Quiz and/or the Poll may be accessible to people who are below the age of 18 (eighteen) years as on 2nd June 2024, however, they are not the intended audience for the Quiz or the Poll and the Quiz and the Poll are only aimed at Users. That being said, registering and/or subscribing on the Disney+ Hotstar Application does not necessarily entitle you to win any prize or obtain any benefit pursuant to the Quiz or the Poll.
      4. By participating in the Quiz and/or 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.
      5. By participating in the Quiz and/or the Poll, you undertake, warrant and guarantee to the Company that you have the full legal capacity to participate in the Quiz and/or the Poll, in accordance with these Terms and Conditions.
      6. By participating in the Quiz and/or the Poll, you acknowledge that you have voluntarily chosen to participate in the Quiz and/or the Poll of your free-will and you are willing to bear all risk, costs and consequences arising from such participation in the Quiz and/or the Poll. 
      7. By participating in the Quiz and/or the Poll, either by clicking on ‘Start Playing’ or if the relevant button is auto-clicked and you do not exit the Quiz/Poll, you shall be deemed to have read and accepted these Terms and Conditions and the Privacy Policy available at http://www.hotstar.com/privacy-policy, each as updated from time to time. 
      8. It is clarified, that all these Terms and Conditions are specific to the Quiz and the Poll and do not supersede or substitute the terms and conditions of using the Disney+ Hotstar Application available at www.hotstar.com/terms-of-use.
      9. Employees of the Company, its associates, affiliates and its service provider Stats Perform, are ineligible to claim any prize or benefit pursuant to the Quiz or the Poll or any other contests and quizzes run by the Company during the Quiz and/or the Poll.
    3. Technical requirements:
      1. 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 Quiz and Poll.
      2. Existing Disney+ Hotstar Application Users may have to upgrade their Disney+ Hotstar Application to the latest version from the App Store (iOS) or Google Play (Android) to participate. New users can access the Quiz and Poll by downloading the Disney+ Hotstar Application from the App Store (iOS) or Google Play (Android). We urge you to install all Disney+ Hotstar Application updates that are released from time to time to enjoy the latest features on the Quiz and Poll (as applicable).
      3. You are advised to keep adequate RAM and phone memory available to ensure smooth functioning of the Quiz and/or the Poll. Quitting other applications on the Device will also help towards smoother Quiz and/or the Poll functioning in case of some smartphones.
      4. 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 Quiz and/or the Poll on your Device(s) properly.
    4. Participation process:
      1. You can register or log-in to the Disney+ Hotstar Application through your phone number (authenticated by an OTP verification).
    5. Costs and payments:
      1. The Disney+ Hotstar Application is available for download free of cost, however, the viewing of the Show and access to and play of the Quiz and/or the Poll shall consume data and may be subject to Disney+ Hotstar Application subscription packages. The use of the Disney+ Hotstar Application and the Quiz and/or 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. 
      2. 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 Disney+ Hotstar Application or play the Quiz and/or the Poll while roaming in a different circle/zone, additional roaming rates may apply. Please contact your internet/telecom operator for applicable rates. 
      3. 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 Quiz and/or the Poll.
      4. There is no requirement of payments or wagering (monetary or non-monetary) in order to participate in the Quiz or the Poll.
      5. The Quiz and the Poll are meant for entertainment and recreational purposes only, and are not bets, awards or challenges or other forms of formal event.
    6. Your Conduct:
      1. 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.
      2. 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.
      3. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
      4. 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 Quiz and the Poll and the content solely for purposes of using the Quiz and the Poll and services provided therein. You acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from the Company or thirty party owners of such content.
      5. Subject to these Terms and Conditions, you may access, view and otherwise use the Quiz and/or the Poll (including, without limitation any services provided on or through the Disney+ Hotstar Application) for your personal (non-commercial), lawful use only. You must not use the Quiz and/or the Poll and any services provided through these in a manner which is prohibited by the Terms and Conditions or applicable law.
      6. 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 Quiz and/or the Poll.
    7. Company’s rights:
      1. The Quiz and the Poll and any aspect(s) thereof will be made available on the Disney+ Hotstar Application as per the discretion of the Company. 
      2. 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 Quiz and/or the Poll.
      3. The Company reserves the right to modify and/or cancel the Quiz and/or the Poll based on programming, technical requirements, force majeure and/or any other reasons as the Company may deem fit. The Quiz and/or Poll (as applicable) 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 Quiz and the Poll available on the Disney+ Hotstar Application. The Company will not be held responsible for any enquiries or complaints or claims for non-availability of the Quiz and/or the Poll.
      4. Any decision in a matter relating to the Poll and Quiz shall be at the discretion of the Company and shall be final and binding upon you, irrespective of their registration and/or subscription status. 
      5. The Company will endeavor to ensure that the integrity of the Quiz and 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 Quiz and/or 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 Quiz and/or the Poll, to protect itself, the Disney+ Hotstar Application and the Quiz and/or the Poll. 
      6. In case any unauthorized activity or any non-compliance with applicable laws and/or these Terms and Conditions is observed in the Quiz and/or 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.
      7. In the event of any fault, misunderstanding or dispute concerning any part of the Quiz and/or 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. 
      8. The Company is empowered to take a decision in relation to the Quiz and/or the Poll on any case not covered by the present Terms and Conditions.
      9. 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/Points 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.
      10. 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 Disney+ Hotstar Application or any part thereof (including the Quiz, Poll).
      11. The Company, at its own discretion, may choose to display sponsor advertisements during the Quiz and/or the Poll which shall be visible on all User’s Devices.
    8. Data and privacy:
      1. 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 Disney+ Hotstar Application on any other social media platform or any other website. 
      2. The Company will have access to and collect information and data related to your playing of the Quiz (“Quiz Data”) and your participating in the Poll (“Poll Data”). The Quiz Data and the Poll Data are collectively referred to as the “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 Quiz and/or Poll, mapping general User behavior in response to the features of the Quiz and Poll, the improvement of the Disney+ Hotstar Application and the Quiz and Poll in general, etc. By participating to the Quiz and/or the Poll, either by clicking on ‘Start Playing’ or if the relevant button is auto-clicked and you do not exit the Quiz/Poll, you consent to the collection, storage, processing and the transfer of and sharing of the Quiz Data and/or the Poll Data (as applicable) by the Company, in accordance with its Privacy Policy which is accessible at http://www.hotstar.com/privacy-policy. Your interaction with the Quiz and/or Poll will be governed solely by the requirements under the applicable privacy and data protection laws in India.
      3. 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 endeavors 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 Quiz and/or 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.
    9. Promotions, releases, and confidentiality:
      1. 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.
      2. 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 Quiz and/or the Poll. 
      3. You shall not disclose any information whatsoever relating to the Company to any other party including screen shots of the Quiz and/or the Poll on social media websites unless permitted by the Company. 
    10. Intellectual property:
      1. You shall not have any ownership interest, license or other rights in the application for the Quiz and/or the Poll or any right in the Quiz Intellectual Property and/or the Poll Intellectual Property therein, whether by license (except as provided in sub-section (2) below), implication, estoppel or otherwise. 
      2. The Intellectual Property rights (“Intellectual Property Rights”) in the Disney+ Hotstar Application, the Company and the Company’s platform, and material published on the Disney+ Hotstar Application, including (but not limited to) the Quiz, 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.
    11. Disclaimers:
      1. Any loss or outrage or dissatisfaction suffered during playing the Quiz and/or 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.
      2. While the Company shall endeavor to make all reasonably practicable arrangements for the continuity of the Quiz and the Poll, it cannot guarantee or assure seamless connectivity or continuous availability of the Disney+ Hotstar Application, server, system or software to you during the conduct of the Quiz and 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 Disney+ Hotstar Application, server, system or software linked to the Quiz and/or the Poll.
      3. 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.
      4. 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 Disney+ Hotstar Application or the Quiz and the Poll, or any other criteria, process or system adopted by the Company as part of the process of conduct of the Quiz and the Poll.
      5. You shall not have any claim against the Company and/or any of its associates and affiliates connected with the Quiz and/or the Poll. The Company, its associates and affiliates or vendors connected with the Quiz and/or the Poll shall not be responsible for any such eventuality, and you shall not be entitled to claim any compensation from the Company.
      6. 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 Quiz and/or the Poll.
    12. Support:
      1. In case of any queries, please write to hello@hotstar.com setting out your concerns/issues related to the Quiz and/or the Poll. All endeavors 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. 
    13. Miscellaneous:
      1. 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 to improve the Quiz and/or 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 Quiz and/or 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 Disney+ Hotstar Application for the Quiz and/or the Poll. If no such separate consent is sought, your continued use of Disney+ Hotstar Application for the Quiz and/or the Poll, following such changes, will constitute your acceptance of those changes.
      2. 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. 
      3. Any dispute or claim arising out of or in relation to the Quiz and/or 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.
      4. 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 Quiz and/or the Poll and/or eligibility and/or participation in the Quiz and/or the Poll without first writing in to the Company at hello@hotstar.com setting out their concerns/issues and providing the Company a reasonable opportunity to address such concerns/issues.
      5. These Terms and Conditions and the Quiz and/or 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.
    14. Additional Terms:
      1. Please also refer the specific terms governing Gyaan Check Quiz and Bindaas Poll in Part I and Part II respectively, since these shall apply to your participation in the Quiz and/the Poll (as applicable).

  4. Key Definitions

    1. For the purposes of the Terms and Conditions, the expressions used herein shall have the meaning ascribed to them as below: 
      1. “Company” means Star India Private Limited; and includes its associates and affiliates for the purposes of the Quiz and the Poll.
      2. “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 Quiz and 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 Quiz and the Poll on smartphones for a better user experience.
      3. “Disney+ Hotstar Application” or “Disney+ Hotstar App” means the audio-visual streaming platform currently branded as “Disney+ Hotstar” and accessible from the Device(s).
      4. “Disney+ Hotstar Application User(s)” or “User(s)” shall mean any Registered User who accesses the Quiz and/or Poll on the Disney+ Hotstar Application.
      5. “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.
      6. “Match” shall mean the T20 cricket match immediately following an episode of the Show on a Quiz Day.
      7. “Participant(s)” means any person(s) who (i) has downloaded the latest version of Hotstar Application on his/her Device and is a User, (ii) plays the Quiz on the Disney+ Hotstar Application, (iii) is present in India, (iv) is of sound mind and health, and (v) has agreed to enter and participate in the Quiz in accordance with the Terms and Conditions as defined in this document.
      8. “Period” shall mean the period commencing from 2nd June 2024 which continues until 30th June 2024 or such other periods or dates 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.
      9. “Point(s)” refers to a numerical mark or unit of scoring awarded for successfully answering a question correctly during Quiz. 
      10. “Poll Intellectual Property” shall include but not be limited to ‘Bindaas 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.
      11. “Poll Play” refers to the act of participating in the Poll by responding to the poll questions in relation to cricket, the show, Matches or any other topic chosen by the Company.
      12. “Quiz Day” means each day on which the Quiz is made available by the Company, during the Period, at its discretion.
      13. “Quiz Intellectual Property” shall include but not be limited to the name ‘Gyaan Check’, creatives, Quiz format, scoring format, all trademarks and copyrights obtained by the Company for the purposes of this Quiz, IT infrastructure design, domain names and terminologies used in this document to define specific aspects of the Quiz and any other Intellectual Property associated or related or developed in relation to the Quiz.
      14. “Registered User(s)” means a person who registers on the Disney+ Hotstar Application through phone number to access the Disney+ Hotstar Application.
      15. “Score(s)” means the cumulative Points won by a Participant while participating in the Quiz.
      16. “Show” shall mean “Caught and Bold”, made available on the Disney+ Hotstar Application in respect of which the Quiz and the Poll are made available.
      17. “Terms and Conditions” means these terms and conditions governing the Quiz and the Poll, as stated herein in entirety and as may be amended by the Company from time to time without prior notice.