Table of Contents
1.KEY RULES & REGULATIONS GOVERNING PARTICIPATION IN BIGGBOSS FAN ZONE – POLL 2023
2.DETAILED TERMS & CONDITIONS GOVERNING PARTICIPATION IN BIGGBOSS FAN ZONE – POLL 2023.
3.PROCEDURE TO PARTICIPATE IN THE BIGGBOSS FAN ZONE – POLL 2023
4.BIGGBOSS FAN ZONE –POLL 2023
A. The Poll is available only in English language and in portrait mode of the Disney+ Hotstar Application. The Poll can be best experienced when the Disney+ Hotstar Application notifications have been turned on.
B. 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 Poll.
C. Existing Disney+ Hotstar User(s) must 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 Poll by downloading the Disney+ Hotstar Application from the App Store (iOS) or Google Play (Android). We urge the Participants to install all Disney+ Hotstar Application updates that are released from time to time to enjoy the latest features on the Poll (as applicable).
D. The Participant can register through his/her phone number (authenticated by an OTP verification). An existing Disney+ Hotstar User can log in from his/her phone number (if registered with phone number previously).
E. Poll requires the Participants to respond to poll questions which will be based on the Content or about the Content. All Participants are eligible to Weekly Gratification and Season Gratification in the Poll as mentioned herein. The eligibility to win the Weekly Gratification will be 5 (five) Participants and Season Gratification will be 3(three) Participants, this will be increased or decreased at the sole discretion of the Company. The Participant should refer to the detailed Terms & Conditions governing the Poll.
F. The Participant should refer to the active Poll interface visible on his/her Device to know active weekly poll questions and possible Weekly Gratification. Details of weekly Poll Points accumulated, and corresponding Weekly Gratification can be accessed through the Leaderboard tab on the Poll interface. The Company reserves the right to amend and update the weekly Poll and Points mechanism along with Weekly Gratification and any other Prizes (if any). 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.
G. The Participant is also advised to refer to active Poll page for messages pushed by Disney+ Hotstar and to check the “Leaderboard” tab in Poll Page for further instructions. Refer Prize / gratification fulfilment for detailed Prize / gratification fulfilment process.
H. With respect to the Weekly Leaderboard and Weekly Gratification, if there are 2 (two) or more Participants with the same Score then the tie-breaker between such tied Participants shall be the watch time of the Participants, on the Disney+ Hotstar Application, for Bigg Boss Tamil (any/all episodes of BiggBoss Tamil season 5,6,7 and 24x7 feed available on the Disney+ Hotstar Application) during the relevant week (to which the Weekly Leaderboard pertains) i.e., Saturday to Friday between 1st October, 2023 and 31st December 2023. The higher the watch time of the Participants, the higher the Participant will be placed in the tie-break.
I. With respect to the Season Leaderboard and Season Prize, if there are 2 (two) or more Participants with the same Score then the tie-breaker between such tied Participants shall be the watch time of the Participants, on the Disney+ Hotstar Application, for Bigg Boss Tamil (any/all episodes of BiggBoss Tamil season 5,6,7 and 24x7 feed available on the Disney+ Hotstar Application) during the period from 1st October, 2023 to 31st December 2023. The higher the watch time of the Participants, the higher the Participant will be placed in the tie-break.
J. 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/ poll questions/queries with respect to the authenticity and/or correctness of any poll questions and/or watch time reports.
K. The phone number through which the Participant participates in the Poll and/or registers shall be the Unique Identifier for that respective Participant. The points are not transferable between Unique Identifier IDs.
L. The Company reserves the right to modify and/or cancel the Poll based on programming, technical requirements and/ or any other reasons as the Company may deem fit. The Poll in such circumstances could be extended, cancelled or terminated in entirety.
M. There is no requirement of payments or wagering (monetary or non-monetary) in order to participate in the Poll.
N. 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 Participants due to technical errors or issues in their device, application, login interface/multiple logins for the same Unique Identifier, any other Participant led gamification manipulation, internet connection, latency and/or network coverage.
O. The Company recommends the Participants to maintain privacy of his/her personal details and not share phone number or any other personal details associated with the Disney+ Hotstar Application on any other social media platform or any other website.
P. The Company may have access to and collect information and data related to the Participant’s participation in the Poll (“Poll Data”). This Poll Data may be used by the Company for research and development for a better user experience, including but not limited to understanding the functioning of the Poll Play, mapping general Participant behavior in response to the features of the Poll Play, the improvement of the Disney+ Hotstar Application and the Poll in general, etc. By participating in the Poll, the Participants consent to the collection, storage, processing and the transfer of and sharing of the Poll Data by the Company, in accordance with its Privacy Policy which is accessible at http://www.hotstar.com/privacy-policy. The Participation in the Poll Play will be governed solely by the requirements under the applicable privacy and data protection laws in India.
Q. In case of any queries, please write to hello@hotstar.com setting out your concerns/issues related to the Poll Play. All endeavors shall be made to reply to the queries within 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.
Refer the detailed Terms & Conditions mentioned below governing BiggBoss Fan Zone - Poll, 2023.
A. CONTEST DESCRIPTION
“Bigg Boss Fan Zone – Poll 2023” is a skill based online poll (‘Poll’) which is being hosted on the Disney+ Hotstar Application which is owned and operated by Novi Digital Entertainment Private Limited. The Poll Play is meant to, inter alia, test the Participant’s knowledge of the Content and/or engage the Participant with the Content. The Company may run other forms of contests, quizzes and polls hosted by the Company or Sponsors and Partners during the course of the Poll for which the specific terms may be prescribed.
B. KEY DEFINITIONS
1. For the purposes of the Terms & Conditions, the expressions used herein shall have the meaning ascribed to them as below:
a. “Company” or “NDEPL” means Novi Digital Entertainment Private Limited; and includes its associates and affiliates for the purposes of the Poll.
b. “Content” shall mean “BiggBoss Season 7 (Tamil)”, made available on the Disney+ Hotstar Application in respect of which the Poll is made available.
c. “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 the Participant to participate in the Poll on smartphones for a better user experience.
d. “Leaderboard(s)” is a dashboard which lists high scoring Participants in descending order of their Scores/ cumulative Points won during the Season. This is further categorized as Weekly Leaderboard and Season Leaderboard.
e. “Poll Play” refers to the act of participating in the Poll by responding to the poll questions in relation to the Content.
f. “Poll Data” refers to the Participant information and Participant specific Poll related data collected by the Company.
g. “Poll Intellectual Property” shall include but not be limited to the Bigg Boss Fan Zone – Poll 2023, creatives, Poll format, prize format, scoring format, all trademarks and copyrights obtained by the Company for the purposes of this Poll, IT infrastructure design, domain names and terminologies used in this document to define specific aspects of the Poll and any other Intellectual Property associated or related or developed in relation to the Poll.
h. “Disney+ Hotstar Application” or “Disney+ Hotstar App” means the audio-visual streaming platform currently branded as “Disney+ Hotstar” and accessible from the Device(s).
i. “Disney+ Hotstar User(s)” or “User(s)” shall mean any person who accesses the Content on the Disney+ Hotstar Application.
j. “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.
k. “Interaction Tab” is a dashboard on the Poll interface which is divided into multiple sections – including Leaderboards.
l. “Point(s)” refers to a numerical mark or unit of scoring awarded for successfully responding to a poll question during Poll.
m. “Prize(s)” mean, Weekly Prize(s), and/or Season Prize(s) or any other form of gratification that a Participant may be eligible to win during the Poll Play.
n. “Registered User(s)” means a person who registers on the Disney+ Hotstar Application through phone number to access and / or participate in the Poll.
o. “Terms & 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, and includes Key Rules accompanying the version of the Poll in the Disney+ Hotstar Application.
p. “Score(s)” means the cumulative Points won by a Participant while participating in the Poll Play.
q. “Season Leaderboard” is a dashboard which lists high scoring Participants in descending order of their Scores/ cumulative Points accumulated during the whole run of the Poll i.e from the 1st October, 2023 to 31st December 2023. For sake of clarity Weekly Leaderboard is Scores/ cumulative Points accumulated during a week which includes points scored by responding to Poll questions and bonus points.
r. “Season Prize/ Gratification ” means 1 (one) pass to the shoot of the finale event of the Content and if the Participant receiving the Season Prize (as per the terms of this Agreement) is not a resident of Chennai, Tamilndau then Season Prize shall also include accommodation for one day, to and fro travel ticket by flight (in economy class ) or train ticket at Company’s sole discretion.
s. “Stipulated Time” refers to the time till when the Company servers will accept the responses by the Participants on each day of the Poll Period. The Stipulated Time for each day of the Poll Period shall commence from 12:15 a.m. and end on 11:59 p.m.
t. “Unique Identifier” refers to the unique identification number assigned to the phone number and profile of a Registered User.
u. “the Poll” refers to the BiggBos Fan Zone – Poll 2023 available on the Disney+ Hotstar Application which may be participated by the Participants on the Device(s) in accordance with the Terms & Conditions and includes all versions of the Poll. The Poll may also include other forms of contests and polls hosted by the Company or third-party Sponsors during the course of the Poll Play.
v. “Poll Participant(s)” or “Participant(s)" means any person(s) aged 18 (eighteen) years and above on 1st October, 2023 and who (i) has downloaded the latest version of Hotstar Application on his/her Device and is a Registered User, (ii) participates in the Poll Play on the Disney+ Hotstar Application (iii) is present in India and (iv) is of sound mind and health and (v) has agreed to enter and participate in the Poll in accordance with the Terms & Conditions as defined in this document. It is hereby clarified that while people below 18 (eighteen) may get access, they will not be eligible for Weekly Gratification and/or Season Gratification / Prize.
w. “Poll Period” shall mean the period commencing from 1st October 2023 and continues 31st December 2023 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 the Participants(s), from time to time. Each day during the Poll Period, a Poll round will be conducted, which will consist of 2 (two) questions, the Participant can respond to the both the questions or any one of the question, the points for each response will be added to the Leaderboard. There is no right or wrong response for question.
x. “Weekly Gratification (s)” means the display of the name(s) of the Weekly Winner(s) on the weekend episode of the Content on a single slate or any other form of gratification offered by the Company for participating in the weekly Poll round(s) and made available to Participants who are eligible to be Weekly Winner(s) in terms of these Terms & Conditions.
y. “Weekly Leaderboard” is a dashboard which lists high scoring Participants in descending order of their Scores/ cumulative Points accumulated during a week runs from Saturday to Friday from 1st October 2023 to 31st December 2023 till 23:59 p.m. for which the Poll is made available. For sake of clarity Weekly Leaderboard is Scores/ cumulative Points accumulated during a week which includes points scored by responding to Poll questions and additional points earned by share with friends
z. “Weekly Winner(s)” refer to the Participants who are eligible to win the Weekly Gratification by accumulating Points associated with the weekly Poll rounds.
aa. “Winners” shall mean all Weekly Winners or Season Prize/ Gratification Winners or any other Participants who have won any other form of gratification in the Poll hosted by the Company during the course of the Poll subject to the Terms & Conditions defined herein and announced by the Company as Winners.
1. The Poll is made available in English exclusively on the standalone Disney+ Hotstar Application of the Company as accessible on the Devices.
2. Existing Disney+ Hotstar Users who wish to participate need to upgrade the Disney+ Hotstar Application to the latest version to access the Poll Play. New Disney + Hotstar Users can access the Poll Play by downloading the Disney+ Hotstar Application from the App Store (iOS) or Google Play (Android) and accepting the Terms & Conditions of the Poll Play.
3. The Poll Play will work on Android (operating system version 4.4 and onwards) and iOS (operating system version 10 onwards) smartphones only. The Poll Play may work on SIM (Subscriber Identification Module)-based Devices other than smartphones operating on the Android (version 4.4 onwards) and iOS (version 10 onwards) operating platforms. However, we recommend the Participant to participate in the Poll on smartphones for better user experience. The Participant is required to check compatibility with his/her device (not limited to the operating system of the Device) before the Poll Play.
4. The Poll Play may work only in the territory of India and shall not be accessible from other territory(ies) across the world. All forms of gratification through the Poll Play shall be applicable only for Participants who are eligible and participating in India on the Disney+ Hotstar Application in India.
5. To participate in the Poll Play, the Participant should: (i) agree to enter and participate in the Poll Play in accordance with the Terms & Conditions as defined in this document; (ii) participate in the Poll on the Disney+ Hotstar Application on the Device(s) including providing responses to the queries during the Poll Play; (iii) be present in India; and (iv) be of sound mind and health. The participation in the Poll Play will be governed solely by the requirements under the applicable laws in India (including privacy and data protection laws).
6. The Poll Play may be accessible to Users who are below the age of 18 (eighteen) years as on 1st October 2023. While such Users may continue to have access and provide responses to the Poll questions, such Users shall not be eligible for the Weekly Gratification and/or the Season Prize.
B. Registration/Subscription
1. The Hotstar Terms of Use available at http://www.hotstar.com/terms-of-use shall apply in relation to the Participant’s registration/subscription on Disney+ Hotstar.
2. Disney+ Hotstar Users will be allowed to log in/register on Disney+ Hotstar with their phone numbers only.
3. By Participating in the Poll, the Participant allows the Company to access and display personal information such as name, city location and Scores in the Leaderboard(s) and/or any other marketing activity. The city location (derived from the IP address) of the Participant may be displayed during the Poll.
4. Prior to proceeding, the Disney+ Hotstar Application User agrees with the Terms & Conditions governing the Poll.
5. All Disney+ Hotstar Users that participate in the Poll shall be deemed to have read and accepted the Terms and Conditions and the Privacy Policy http://www.hotstar.com/privacy-policy as defined herein and updated from time to time.
6. The Company, at its own discretion, may choose to display Sponsor advertisements during the Poll Play which shall be visible on all Participant's Devices.
7. The phone number last used for registration/subscription/ login and through which the Participant participates in the Poll shall be the Unique Identifier for the respective Participant. The Points will not be transferable between Unique Identifiers, irrespective of Devices used for Poll Play.
8. The Poll Play Points shall accrue to the Unique Identifier linked to the Registered User. The Participant will be able to login through multiple Devices using the same login phone number. However, the Points will be accrued and associated to one Unique Identifier only; the first response for every poll question captured on the Disney+ Hotstar servers shall be considered for scoring, Prizes and Leaderboards.
9. The Disney+ Hotstar Application provides the ability to Registered Users to create multiple profiles linked to the same phone number. The profile and profile name through which the Participant last participates in the Poll shall be taken as the Unique Identifier for the respective Participant.
10. For access to certain parts of the Content, a subscription to a subscription pack of Disney+ Hotstar Application may be required. Participants are advised to avail the appropriate subscription pack of Disney+ Hotstar which provides access to such parts of the Content, provided that the Registered User may still continue participating in the Poll, respond to poll questions and be eligible for Prize(s) without a subscription to a subscription pack of Disney + Hotstar Application.
11. Participants may lose accumulated Points in case of uninstalling/refreshing the Disney+ Hotstar Application /clearing Disney+ Hotstar Application cache data or any other technical glitches.
12. 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 Poll Play 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 Participants that participate in the Poll Play. 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.
13. The Participant will not be able to respond to the poll questions displayed during the Poll Play when the Participant is in the process of registering on Disney+ Hotstar.
14. Registering and/or subscribing on the Disney+ Hotstar Application does not necessarily entitle the Participant to be eligible to win a Prize.
C. Charges for Poll
A. Content Schedule
1. The Poll will be made available for Poll Play on the Disney+ Hotstar Application for the Content as per the discretion of the Company. *
* Conduct or broadcast of the Content could be modified or cancelled based on programming, technical requirements or any other reasons as the Company may deem fit. The Poll in such circumstances may be rescheduled, extended, cancelled or terminated in entirety /earlier than the said schedule along with corresponding changes to the rounds and Prizes. Any decision in this matter shall be at the discretion of the Company and shall be final and binding upon the Participants, irrespective of their registration and/or subscription status.
B. Poll Format
1. Poll shall require the Participant(s) to respond to poll questions which can be contextual in nature (i.e. related to the Content on the Disney + Hotstar Application in respect of which the Poll is made available).
2. The Poll will be available on the Disney+ Hotstar Application. The Poll is accessible from the Disney+ Hotstar Application’s home page or from a banner made available on the page where the Content is hosted. Once the Participant clicks on ‘Start Playing’ or the button is auto-clicked, the weekly Poll round for that particular day will commence, the User shall be deemed to have read and accepted the Terms and Conditions of this Poll Play when User clicks the button and/or participates in the Poll by responding to a poll question.
3. Each day from the first episode the Content streamed till the 31st December 2023 a Poll round will be conducted, which will consist of 2 (two) poll questions, the Participant can respond to both the questions or any one of the question, the points for each response will be added to the Leaderboard. There is no right or wrong response for the poll questions.
4. The Company reserves the right to edit/add more poll question/ response options, change the Points associated with a poll question, change the Points required to be accumulated within each weekly Poll round (including sub-rounds, if any) to be eligible for a Weekly Gratification and/or Season Prize/ Gratification. The Company may also run contests, quizzes and other polls hosted by the Company or Sponsors and Partners which may be related to any Content on the Disney+ Hotstar Application.
5. The order and frequency in which each type of poll question may be asked and the total number of poll questions to be asked each day is at the sole discretion of the Company.
6. The Participant may be notified by any form of in-app messaging and/or a pop-up and/or display on the Poll Play screen, upon the receipt of the response to a poll question.
7. The Company may increase and/or reduce the Stipulated Time to respond to each poll question at its sole discretion and the decision of the Company in this regard, will be final and binding on the Participant(s). Once the Participant selects a response option for the poll question presented during the Poll Play, the Participant will not be allowed to change the response option. If for any technical and/or non-technical reasons, the Company’s servers fail to register any option/response 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 response option.
8. In the event the Participant’s responses to any of the poll questions during the Poll Play is 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 responding to the poll question, notwithstanding the fact that the Participant may have correctly responded the poll question through the Device on the screen of the Device.
9. In case multiple response option entries are received from Participant(s) for the same poll 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 option/response received at the first and foremost attempt by the Participant as recorded in the Company’s servers.
10. The Company’s decision on the correctness or incorrectness of Participant Points computation is final and binding on all.
C. Scoring
1. The Participant wins Points by choosing a response to the poll questions displayed on the Participant's Device during the Poll Play. Points associated with each poll question along with any additional Points to be won are mentioned in the table below. Details of the Score(s) can be accessed through the Leaderboard tab.
|
Type of Points |
Number of Points awarded |
|
On responding to a poll question |
20 |
|
Bonus Points each day of the Poll – For playing the Poll. Participant must respond to both the questions to be eligible for bonus points. |
10 points multiplied by each day the Participant has played the Poll. Examples:
- If a Participant participates in the Poll (i.e. responds to all poll questions in a day) for 5 days he will get 50 bonus points on the 5th day he / she participates in the Poll
- If a Participant participates in the Poll (i.e. responds to all poll questions in a day) for 10 days he will get 100 bonus points on the 10th day he / she participates in the Poll |
|
Additional Points each day of the Poll – When the Registered User shares the link to the Poll via the ‘Share with Friends’ button made available on the Disney+ Hotstar Application |
20 The extra point is awarded to the Participant only once each day of the Poll |
2. Uninstalling/reinstalling the Disney+ Hotstar Application may lead to loss of Points. The Company shall not be responsible for any such loss. The Company shall not entertain any claims for any such loss.
3. Participant 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 Participant’s 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.
4. Company at its discretion may provide a Weekly Leaderboard and a Season Leaderboard highlighting the ranks and Scores of all top-scoring Participants of the Poll Play, as the case may be.
5. The Leaderboard only displays the participants in descending order of their scores/points accumulated in the course of the Poll Play. Mere inclusion of a Participant in such Leaderboard does not entitle and/or the guarantee the Participant any Prize.
6. At the beginning of each week, the Weekly Leaderboard will be reset and calculations for that particular week will commence afresh. For the purpose of the Weekly Leaderboard ‘week’ shall mean Saturday through Friday during the Poll Period. The Season Leaderboard will continue to accumulate points throughout the run of the Poll.
7. 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 Participant’s 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. The Winners for the Weekly Prizes, Season Prize and any other prizes (if any) shall be selected based on the Winner determination process followed by the Company at its discretion and based on data captured by its technical infrastructure.
8. The Company reserves the right to revise the Points associated with the Poll and/or change the number of poll questions in a weekly Poll round at any given time. The Participant is advised to refer to the weekly Poll displayed during the Poll Play for an enhanced participation experience.
D. Prize Fulfilment – Weekly Prizes
1. The Company reserves the right to amend and update the Points mechanism along with corresponding Weekly Prizes.
2. On participating in a particular weekly Poll round and scoring the cumulative indicated Points associated with a weekly Poll round, the Participant may become eligible to win Weekly Gratification . The eligibility to win the Weekly Gratification will be 5 (five) Participants and Season Gratification will be 3(three) Participants, this will be increased or decreased at the sole discretion of the Company. The Company shall not communicate or notify any Participant if they become a Weekly Winner. The Participants should continue to check the Weekly Leaderboard and the weekend episode of the Content to see if they have won the Weekly Gratification.
3. In the event that the Participant logs out in the middle of a weekly Poll round and logs back in, the Points scored by the Participant will continue to be added to the Points already accumulated before he / she logged out subject to the same weekly Poll round being active after logging in. If the said weekly Poll round is complete, then the Participant can resume Poll Play from the active ongoing weekly Poll round.
4. The Company, at its sole discretion may choose to introduce bumper weekly Poll rounds and link them to different prizes during the Poll Play. The Company, at its sole discretion may choose to run other forms of contests, draws, polls hosted by the Company or third-party Partners or Sponsors during the course of the Poll Play. The Participant shall not be permitted to question or challenge any such revision by the Company. In the event any Prize should 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 Prizes, at its sole discretion.
5. With respect to the Weekly Leaderboard and Weekly Gratification, if there are 2 (two) or more Participants with the same Score then the tie-breaker between such tied Participants shall be the watch time of the Participants, on the Disney+ Hotstar Application, for Bigg Boss Tamil (any/all episodes of BiggBoss Tamil season 5,6,7 and 24x7 feed available on the Disney+ Hotstar Application) during the relevant week (to which the Weekly Leaderboard pertains) i.e., Saturday to Friday between 1st October, 2023 and 31st December, 2023. The higher the watch time of the Participants, the higher the Participant will be placed in the tie-break.
6. 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/ poll questions/queries with respect to the authenticity and/or correctness of any poll questions and/or watch time reports.
7. If the profile name of the Participant is profane, derogatory or fictional, then the Company reserves the right to not declare such Participant as a Winner and/or show his/her name in the episode of the Content.
8. By accepting the Terms & Conditions, the Participant hereby agrees to comply with the relevant terms and conditions of the Company.
9. In addition to the abovementioned terms, the Prize Fulfilment-General Terms and Conditions will also be applicable to Weekly Gratification.
E. Prize Fulfilment – Season Prizes
1. The Company may award three (03)Season Prize (net of taxes) (the Company may increase or decrease the Season Prize at its sole discretion) to eligible Participant basis their total Score. The Participant is advised to refer the active Poll including in-Application notifications for Season Prize announcements.
2. Participant who has won a Season Prize, will be informed (by the Company or its authorised representatives) by means of an in-Application notification or by way of email, call or text message or by any other means using the contact details provided by the Participant during registration / subscription, post completion of the Poll. The Participant is also advised to refer to active Poll screen for messages pushed by the Company for further instructions. The Participant shall be eligible to claim Season Prize only upon receipt of such official communication through the Company or its authorised representatives. The Company may also display the names of the Participants who stand a chance to win the Season Prize on their Social Media page or any other web page, at its own discretion. The Participant who has won a Season Prize shall submit additional information, details and documentation as required by the Company and as per the timelines required by the Company to be able to claim the Season Prize.
3. With respect to the Season Leaderboard and Season Prize, if there are 2 (two) or more Participants with the same Score then the tie-breaker between such tied Participants shall be the watch time of the Participants, on the Disney+ Hotstar Application, for Bigg Boss Tamil (any/all episodes of BiggBoss Tamil season 5,6,7 and 24x7feed available on the Disney+ Hotstar Application) during the period from 1st October, 2023 to 31st December 2023. The higher the watch time of the Participants, the higher the Participant will be placed in the tie-break.
4. 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/ poll questions/queries with respect to the authenticity and/or correctness of any poll questions and/or watch time reports.
5. On being eligible to win the Season Prize, the Participant shall be contacted by a Company representative for verification and completion of the Season Prize fulfilment process. The Company will make five call attempts per day for three days on the submitted mobile number. The Participant will be contacted within reasonable time between 9 am to 9 pm. The Company will not contact on any number other than an Indian mobile number. The Company is not responsible to validate correctness of the mobile number provided by the Participant.
6. The Company reserves the right at its discretion to forfeit a Season Prize Winner’s eligibility to win a Season Prize in the following scenarios and proceed to contact the next eligible Participant for Season Prize Winner determination, as the case may be based on the Terms & Conditions governing other contests and Poll run by the Company:
a. Failure to provide any documentation, proof or requested information, within the defined timelines;
b. Any false/incorrect/misleading information provided by the Participant;
c. Any discrepancy is identified on KYC review including but not limited to PAN not belonging to said Participant;
d. Failure to successfully contact the said Participant on the furnished contact details as per defined process;
e. Non-compliance with tax (direct and indirect) compliances required to claim the Prizes;
f. Failure to collect / claim the Prizes as per defined process and any other event not listed above;
g. Any Participant who breaches or is suspected to be in breach of the Terms & Conditions or any applicable law or if he/she is found to be misusing the Disney+ Hotstar Application or are engaged in illegal or fraudulent use of Disney+ Hotstar Application in any manner;
7. The Company will not permit or entertain any requests or claims to check / audit / challenge the logic of the factors relevant for determining Season Prize Winner.
8. In addition to the abovementioned terms, the Prize Fulfilment-General Terms and Conditions will also be applicable to Season Prize.
F. Prize Fulfilment – General Terms and Conditions
1. The Company may, at its discretion, contact the Participant(s), if required, for any clarifications needed regarding the information provided by such Participant(s). 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.
2. By agreeing to the Terms & Conditions, the Participant agrees to be contacted at the number provided by him/her for purposes, including but not limited to, collection of KYC documents, validation for winner determination, and such other details as may be deemed necessary by the Company.
3. Failure to provide any proof or requested information which is not available on the Disney+ Hotstar Application, within the timelines as may be communicated by the Company to the Participant(s), could result in the Prize(s) being forfeited.
4. All personal details and information requested by and submitted to the Company by the Participant must be truthful, accurate and not misleading. The Company reserves the right to disqualify any Participant(s) from the Poll, at its sole discretion, should the Participant(s) at any stage submit false, inaccurate or misleading personal details and/or information. The Company also reserves the right to forfeit the Prize in cases where a discrepancy is found to exist in the information furnished/provided by the winning Participant.
5. The Prize fulfilment process and/or eligibility of any Participant to win any Prize may be subject to an independent third-party validation and hence, the announcement of Winner(s) may not be displayed immediately post completion of the said Poll Play. 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.
6. 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, the Company may have to continue with whatever data is available, or in any other manner as it may deem reasonable.
7. We would recommend the Participants to maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform or any other website.
8. The Participant understands and undertakes that for him/her to be able to claim the Prizes, it is his/her responsibility to pay all the direct taxes and other ancillary charges (gift tax, income tax, insurance, registration) if any, to the relevant authorities and furnish the relevant challans to the Company to enable fulfillment of the relevant Prizes.
9. Employees of the below mentioned entities, their associates and affiliates are ineligible to claim the Season Prizes during the Poll Play including other contests and Polls run by the Company and/or Sponsors:
a. Novi Digital Entertainment Private Limited
b. Star India Private Limited
c. Mashal Sports
d. Endemol India Private Limited
The employees of the above-mentioned organizations, hereon referred to as “White-Listed Participants” would be ineligible to claim any Prizes.
1. The Poll is meant for entertainment and recreational purposes only, and is not a bet, award or challenge or other form of formal event.
2. The Company will not entertain any claims/questions/queries with respect to the authenticity and/or correctness of any poll questions and/or watch time reports.
3. 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 which results in any break during the Poll. Network issues can disrupt various aspects of the Poll such as receipt of poll questions and response options, receipt of any sound, text, video feed related to the poll question, receipt by the Company of response 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 Poll.
4. Any loss or outrage or dissatisfaction suffered during participation in the Poll Play by a Participant 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 the Participant 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.
5. In the event the response of the Participant is not received by the Company within the Stipulated Time period for the poll question for any reason, the Participant would not get points in the event that question(s) was responded correctly by him/her. The Participant can continue to respond to questions once re-connected to the central Poll Play server(s). The Company is not responsible for any such instances.
6. 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 Disney+ Hotstar Application is available.
7. The Company will endeavor 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 or Poll Play has been compromised in any manner, including by using unfair or unlawful means, the Company reserves the right to take all actions, including suspending the Participant from the Poll, to protect itself, the Disney+ Hotstar Application and the Poll and Poll Play.
8. By agreeing to these Terms & Conditions, you permit the Company to contact you on the Indian mobile number disclosed by you, even if that number is registered on the Do Not Call/Disturb Registry.
9. The Participant(s) of the Poll may be required to make himself/herself available for the Company and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to him/her.
10. By accepting the Terms & Conditions, the Participant agrees and authorizes the Company to use any information available and linked to his Unique Identifier provided at the time of registration/subscription on the Disney+ Hotstar Application in terms of the Privacy Policy of the Disney+ Hotstar Application available at http://www.hotstar.com/privacy-policy.
11. The Participant consents to the use of this Poll Data by the Company for research and development for a better user experience, including but not limited to understanding the functioning of the Poll Play, mapping general Participant behavior in response to the features of the Poll Play, the improvement of the Disney+ Hotstar Application and the Poll in general, etc. By participating in the Poll, the Participants consent to the collection, storage, processing and the transfer of and sharing of the Poll Data by the Company, in accordance with its Privacy Policy which is accessible at http://www.hotstar.com/privacy-policy. The Participation in the Poll Play will be governed solely by the requirements under the applicable privacy and data protection laws in India.
12. None of the Participants shall, 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. The Participant shall not disclose any information whatsoever relating to the Company to any other party including screen shots of the Poll on social media websites. Violation of this clause shall immediately disqualify the Participant’s prospects of further participation.
13. By agreeing to the Terms & Conditions defined herein the Participant agrees to be contacted at the number/any other contact details provided by him/her for any purposes as may be required by the Company.
1. Prior to the start of the Poll, the Participant must check that the Disney+ Hotstar Application is updated, operational and functioning correctly. The Participant is 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 in case of some smartphones.
2. Participants may need to adjust the Device display, font, brightness and resolution to default size or lower to ensure that they are able to participate in the Poll on their Device(s) properly.
3. The Company has ensured adequate redundancies with respect to the servers that are used to communicate with the Disney+ Hotstar Application for the Poll. However, in the rare instance(s) that the servers are affected and are rendered non-functional, 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 Poll at the discretion of the Company.
4. An on-going Participant(s) could lose out on the opportunity to participate in one or more questions (and hence lose Points) in any of the following, but not exhaustive, situations:
i.Where the Device under use for Poll Play hangs;
ii.Where the Device auto-locks, screen times out during the course of the Poll;
iii.Where the Unique Identifier is used by multiple devices.
5. The situations present hereinabove are only by way of example and there could be additional situations, beyond the Company’s control, wherein the Participant’s Poll Play may be interrupted, and/or the Participant may lose an opportunity to respond to any question. Under all such scenarios, the Company will not be liable in any manner for such interruption in the Poll Play and/or any lost opportunity to respond to any of the questions during Poll Play, which results from technical and non-technical reasons attributable solely to the Participant, its Device, the internet and/or mobile networks and/or login issues and/or any other force majeure conditions.
6. The Company will not be responsible for any loss, outrage from or dissatisfaction suffered by the Participant, during the Poll or otherwise arising out of or result from the Poll.
7. By participating in the Poll, the Participants consent to the collection, storage, processing and transfer of and sharing of the Poll Data by the Company in accordance with its Privacy Policy which is accessible at http://www.hotstar.com/privacy-policy. The participation in the Poll Play will be governed solely by the requirement under the applicable privacy and data protection laws in India.
8. While all attempts will be made to protect the Poll Data, including the data pertaining to the correct response given by each of the Participants, from loss and/or corruption, Participants 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 Poll, 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.
9. While the Company shall endeavor to make all reasonably practicable arrangements for the continuity of the Poll, it cannot guarantee or assure seamless connectivity or continuous availability of the Disney+ Hotstar Application, server, system or software to the Participants 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.
10. The Participant acknowledges and agrees 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 the Participant or the Participant’s property, or device shall not be the responsibility of the Company.
11. In case any unauthorized activity is observed on the Poll, Company reserves the right to disqualify the Participant causing and/or resorting to such unauthorized activity till such time as the Company deems fit. The Company would not be responsible to such Participant in any manner whatsoever on account of such disqualification.
12. Company shall not be liable for any failure of the Disney+ Hotstar Application server or system during the course of participation in the Poll.
13. Company and its sub-contractors are not responsible for delayed receipt or non-receipt or incomplete receipt or corrupted receipt of responses.
14. 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 Poll due to failure on the part of the telecom operator, internet service provider, facility provider, etc., or due to capacity constraints.
15. In the event the Poll 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 Poll for future and revise these Terms & Conditions to accommodate such discontinuation. The Company shall not be responsible or liable for any losses or damages caused due to such discontinuation. Company reserves the right to make the Poll available on the Disney+ Hotstar Application. Company will not be held responsible for any enquiries or complaints or claims for non-availability of the Poll.
16. It shall not be open for the Participant(s) or any of their 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 Poll, or any other criteria, process or system adopted by the Company as part of the process of conduct of the Poll or selection of winners resulting therefrom.
The Intellectual Property rights ("Intellectual Property Rights") in Disney+ Hotstar Application, Company and the Company Platform, and material published on Disney+ Hotstar Application, including (but not limited to) 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. Participants 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 Company.
1. Participant(s) 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 Services.
2. Participant(s) 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. Participant(s) shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
1. The Participant’s participation in the Poll shall be considered to be acceptance of all Terms & Conditions as set forth herein including the Disney+ Hotstar Privacy Policy.
2. The Participant hereby represents that he/she is not under any contract, 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 associates and affiliates, as the case may be.
3. The Participant shall undertake, warrant and guarantee to the Company that the Participant has the full legal capacity to participate in the Poll, in accordance with these Terms & Conditions.
4. The Participant acknowledges that he/she has voluntarily chosen to participate in the Poll at his / her free-will and is willing to bear all risk, costs & consequences arising from such participation in the Poll.
5. The Participant 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 the Participant(s) shall not be entitled to claim any compensation from the Company.
6. 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 response 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 Terms & Conditions.
7. The Company reserves the right to amend (add to, delete or modify) the Terms & Conditions prospectively or retrospectively, at its discretion and without prior approval, including to improve the Poll or remediate any issues that may occur. The Participant is requested to carefully read these Terms & Conditions from time to time before using the Disney+ Hotstar Application for participating in the Poll. It shall be the Participant’s responsibility to check these Terms & Conditions periodically for changes. The Company may require the Participant to provide his/her direct or indirect consent to any update in a specified manner before further use of Disney+ Hotstar Application for Poll Play. If no such separate consent is sought, his/her continued use of Disney+ Hotstar Application for Poll Play, following such changes, will constitute your acceptance of those changes.
8. The Company has the sole right at any time/to alter/ amend/ withdraw/ replace/discontinue and/or terminate the Poll without any prior intimation or notice to the public and the Company is not obligated in any manner whatsoever to compensate any person(s) who have participated in the Poll.
9. If the operation of the Poll, the transmission and/or the broadcast of any/all of the Content (for which the Poll is being made available for) is prevented by an event of force majeure or otherwise, the Company may cancel all or any part of the Poll or take such other decision as it deems fit.
10. If any provision of these Terms & 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 & Conditions and the remainder of the affected provisions shall continue to be valid. These Terms & Conditions and the Poll 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.
11. No person (i.e., either the Participant or any person on behalf of the Participant) shall initiate litigation against the Company, its associates and affiliates in any manner, in connection with the Poll and/or the eligibility and/or the participation in the Poll without first writing in to the Company at hello@hotstar.com setting out its concerns/issues and providing the Company a reasonable opportunity to address such concerns/issues.
12. Any dispute or claim arising out of or in relation to the Poll or these Terms & 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.
13. The Company is empowered to take a decision in relation to the Poll on any case not covered by the present Terms & Conditions.
14. The Company, its associates and 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 Poll.
15. The Participant(s) hereby agree to indemnify the Company, its associates and affiliates against any claims that might arise from his/her actions or omissions while participating in the Poll.
16. The Participant hereby agrees and undertakes that, the 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 Participant(s) in any manner whatsoever, in relation to the Poll.
17. The only way to enter the Poll is through participation as described in these Terms & Conditions. Any person(s) or entity claiming that he/she/it can help get favorable access to the Poll Play/ Weekly Gratification/Season Gratification/Prize for a consideration (monetary/non-monetary) is defrauding you. Please contact your local police and report this person(s) / entity immediately. The Company shall communicate with any Participant only through the Disney+ Hotstar Application, Application notifications and App-based authentication or through Company authorized communication medium (e-mail, calls, SMS etc.).
18. The Participant shall not have any ownership interest, license or other rights in the application for the Poll or any right in the Poll Intellectual Property therein, whether by license, implication, estoppel or otherwise.
19. Subject to these Terms & Conditions, 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 solely for purposes of using the Poll Play and services provided therein. The Participant acknowledges and agrees that he/she 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.
20. Subject to the Terms & Conditions, the Participant(s) may access, view and otherwise use the Poll (including, without limitation any services provided on or through the Disney+ Hotstar Application) for his/her personal (non-commercial), lawful use only. The Participant must not use the Poll and any services provided through it in a manner which is prohibited by the Terms & Conditions or applicable law.
21. Company in its sole discretion may suspend or terminate and/or block the Participant(s) from accessing all or any part the Disney+ Hotstar Application and/or any service provided therein if he/she breaches or is suspected to be in breach of the Terms & Conditions or any applicable law or if he/she is found to be misusing the Disney+ Hotstar Application or are engaged in illegal or fraudulent use of Disney+ Hotstar Application in any manner. Suspension or termination of the Participant’s account may result in loss or destruction of any information/data associated with such account.
22. All these Terms & Conditions are specific to 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.
23. In case of any queries, please write to hello@hotstar.com setting out your concerns/issues related to the Poll Play. All endeavors shall be made to reply to the queries within 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.