Table of Contents
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KEY TERMS & CONDITIONS GOVERNING PARTICIPATION IN DANCE+ PRO FAN
ZONE – POLL (“Poll”)
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DETAILED TERMS & CONDITIONS GOVERNING PARTICIPATION IN DANCE+
PRO FAN ZONE – POLL
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PROCEDURE TO PARTICIPATE IN THE POLL
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DANCE+ PRO FAN ZONE –POLL
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OTHER TERMS AND CONDITIONS
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SYSTEMS AND AVAILABILITY
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INTELLECTUAL PROPERTY
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USER CONDUCT
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GENERAL TERMS & CONDITIONS
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KEY TERMS & CONDITIONS GOVERNING PARTICIPATION IN DANCE+ PRO
FAN ZONE – POLL (“Poll”)
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The Poll is available only in English language and on the Disney+
Hotstar Application. The Poll can be best experienced when the Disney+
Hotstar Application notifications have been turned on.
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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.
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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).
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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).
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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 1000 Participants per week and Season
Gratification will be 4004 (four thousand and four) 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.
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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.
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The Participant may be informed about the result of his/her winning
and/or eligibility to win the Prizes by means of in-Application
notifications, mails, calls and / or text messages sent to the
Participant’s contact details entered at time of registration.
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.
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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 Dance+ Pro
(including any/all episodes of Dance+ available on the Disney+ Hotstar
Application) during the relevant week (to which the Weekly Leaderboard
pertains) i.e., Monday to Thursday between January 08, 2024 and
February 29, 2024. The higher the watch time of the Participants, the
higher the Participant will be placed in the tie-break.
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With respect to the Season Leaderboard and Season 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 Dance+ Pro
(including any/all episodes of Dance+ available on the Disney+ Hotstar
Application) between Monday to Thursday of each week during the period
between January 08, 2024 and February 29, 2024. The higher the watch
time of the Participants, the higher the Participant will be placed in
the tie-break.
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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.
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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. If more than one Device is used to play with the same
login credentials, only the last Device’s answer selections
shall be captured for scoring. 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.
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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.
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There is no requirement of payments or wagering (monetary or
non-monetary) in order to participate in the Poll.
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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.
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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.
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By participating in this Poll, the Participants consent and
acknowledge that their personal details such as name and phone numbers
might be shared by the Company with the Gratification Partner in
relation to the gratification process under these Terms &
Conditions.
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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.
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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
Dance+ Pro Fan Zone - Poll.
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DETAILED TERMS & CONDITIONS GOVERNING PARTICIPATION IN DANCE+
PRO FAN ZONE – POLL
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CONTEST DESCRIPTION
“Dance+ Pro Fan Zone – Poll” 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.
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KEY DEFINITIONS
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For the purposes of the Terms & Conditions, the expressions used
herein shall have the meaning ascribed to them as below:
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“Company” or “NDEPL” means Novi Digital
Entertainment Private Limited; and includes its associates and
affiliates for the purposes of the Poll.
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“Content” shall mean “Dance+ Pro” and/or
content owned or licensed by the Company, made available on the
Disney+ Hotstar Application in respect of which the Poll is made
available.
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“Device(s)” shall mean smartphones running the Android
(with version 4.4 and above)/ iOS (with version 10 and above)
operating platforms, capable of receiving and transmitting data
including via Internet and/or mobile communications technology and/or
any other similar technology. The Poll may work on SIM (Subscriber
Identification Module)-based Devices other than smartphones operating
on the Android (version 4.4 and above) or iOS (version 10 and above)
operating platforms. However, we recommend the Participant to
participate in the Poll on smartphones for a better user
experience.
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“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.
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“Poll Play” refers to the act of participating in the
Poll by responding to the poll questions in relation to the
Content.
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“Poll Data” refers to the Participant information and
Participant specific Poll related data collected by the Company.
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“Poll Intellectual Property” shall include but not be
limited to the Dance+ Pro Fan Zone – Poll, 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.
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“Disney+ Hotstar Application” or “Disney+ Hotstar
App” means the audio-visual streaming platform currently branded
as “Disney+ Hotstar” and accessible from the
Device(s).
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“Disney+ Hotstar User(s)” or “User(s)” shall
mean any person who accesses the Content on the Disney+ Hotstar
Application.
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“Gratification Partner(s)” or “Partner(s)”
refers to the corporate third-party entities that are responsible for
gratification of the Offer Prizes and any other form of
gratification.
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“Intellectual Property” shall include but not be limited
to copyrights, trademarks, patents, trade secrets, domain names and /
or any other legal interests recognized or protected as intellectual
property.
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“Point(s)” refers to a numerical mark or unit of scoring
awarded for successfully responding to a poll question during
Poll.
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“Prize(s)” mean, Weekly Gratification, and/or Season
Gratification or any other form of gratification that a Participant
may be eligible to win during the Poll Play.
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“Offer(s)” or “Offer Prize(s)” means prizes,
discount, cashback or complimentary coupons of pre-decided value and
validity or any other form of gratification offered by the
Gratification Partner(s) and made available to Participants who are
eligible to be Winner(s) in accordance with terms of these Terms &
Conditions.
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“Registered User(s)” means a person who registers on the
Disney+ Hotstar Application through phone number to access and / or
participate in the Poll.
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“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.
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“Score(s)” means the cumulative Points won by a
Participant while participating in the Poll Play.
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“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
January 08, 2024to February 29, 2024. 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.
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“Season Offer Prize(s)” means prizes, discount, cashback
or complimentary coupons of pre-decided value of a higher amount than
that of an Offer Prize and validity or any other form of gratification
offered by the Gratification Partner(s) and made available to
Participants who are eligible to be Winner(s) in accordance with terms
of these Terms & Conditions
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“Season Gratification” means (i) the Season Offer
Prize(s) and/or any other form of gratification offered by the
Gratification Partner a phone call from the contestant of the Content
for the top 4 that may be awarded to the top 4 (four) high scoring
Participants at the end of the Poll; and (ii); the Offer Prize and
and/or any other form of gratification offered by the Gratification
Partner that may be awarded to the top 4000 (four thousand) high
scoring Participants at the end of the Poll.
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“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.
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“Unique Identifier” refers to the unique identification
number assigned to the phone number and profile of a Registered
User.10
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“the Poll” refers to the Dance+ Pro Fan Zone – Poll
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.
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“Poll Participant(s)” or “Participant(s)" means any
person(s) aged 18 (eighteen) years and above on January 08, 2024
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.
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“Poll Period” shall mean the period commencing from
January 08, 2024 and continues till February 29, 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 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) poll 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. Further, on a weekly basis, an additional
3rd
(third) poll question may be asked during the Poll round which will be
in relation to the Gratification Partner, the points for which will
also be added to the Leaderboard.
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“Weekly Gratification(s)” means the Weekly Offer Prize(s)
and/or any other form of gratification offered by the Gratification
Partner that may be awarded to the top 1000 (one thousand) high
scoring Participants per week during the Poll Period as per the
details below.
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“Weekly Leaderboard” is a dashboard which lists high
scoring Participants in descending order of their Scores/ cumulative
Points accumulated during a week runs from Monday to Thursday from
January 08, 2024 to February 29, 2024 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.
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“Weekly Winner(s)” refer to the Participants who are
eligible to win the Weekly Gratification by accumulating Points
associated with the weekly Poll rounds.
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“Winners” shall mean all Weekly Winners and/or Season
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.
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PROCEDURE TO PARTICIPATE IN THE POLL
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Eligibility & Participation
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The Poll is made available in English exclusively on the standalone
Disney+ Hotstar Application of the Company as accessible on the
Devices.
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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.
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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.
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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.
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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).
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The Poll Play may be accessible to Users who are below the age of 18
(eighteen) years as on January 08, 2024. 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
Gratification.
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Registration/Subscription
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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.
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Disney+ Hotstar Users will be allowed to log in/register on Disney+
Hotstar with their phone numbers only.
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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.
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Prior to proceeding, the Disney+ Hotstar Application User agrees with
the Terms & Conditions governing the Poll.
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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.
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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.
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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.
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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.
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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 first
participates in the Poll shall be taken as the Unique Identifier for
the respective Participant.
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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.
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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.
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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.
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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.
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Registering and/or subscribing on the Disney+ Hotstar Application
does not necessarily entitle the Participant to be eligible to win a
Prize.
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Charges for Poll
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The Disney+ Hotstar Application download is free of cost, however,
the viewing of the Content may be subject to Disney+ Hotstar
Application subscription packages. There is no requirement of payments
or wagering (monetary or non-monetary) in order to participate in the
Poll. However, the use of the Disney+ Hotstar Application and the Poll
Play will result in the use and consumption of data for which data
charges as charged by your internet/telecom operator may apply. For
further details, please contact your internet/telecom
operator.
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It will be the responsibility of the Disney+ Hotstar Application User
to understand and enquire about the charges as may be applicable with
his/her internet/telecom operator. In case any Participant uses
the Disney+ Hotstar Application or participates in the Poll while
roaming in a different circle/zone, additional roaming rates may
apply. Please contact your internet/telecom operator for applicable
rates.
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The Company will not and does not receive any monies and/or
consideration from the internet/telecom operators and/or any third
party, in connection with the data consumed by the Participant for
participating in the Poll.
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Content Schedule
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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.
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Poll Format
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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 and/or in relation to a Gratification Partner).
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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.
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Each day from the first day of the Poll Period, 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. Further, on a weekly basis, an additional 3rd
(third) poll question may be asked during the Poll round which will be
in relation to the Gratification Partner, the points for which will
also be added to the Leaderboard.
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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 Gratification/ 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.
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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.
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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.
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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.
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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.
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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.
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The Company will not entertain any claims/questions/queries with
respect to the authenticity and/or correctness of any questions and/or
responses.
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The Company’s decision on the correctness or incorrectness of
Participant Points computation is final and binding on
all.
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Scoring
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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. This will be applicable to
both daily poll questions and the weekly question.
|
20
|
Bonus Points each day of the Poll for playing the Poll.
Participant must respond to all the questions of that particular
day to be eligible for Bonus Points. These Bonus Points will be
added only to the Season Leaderboard and not be added to the
Weekly Leaderboard or counted towards the Weekly
Gratification(s) determination.
|
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/she 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 related questions in a day) for 10 days he/she 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 Poll page on
the Disney+ Hotstar Application
|
100
The Additional Points as above are awarded to the Participant
only once each day of the Scoring Round
|
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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.
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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.
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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.
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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.
-
At the beginning of each week, the Weekly Leaderboard will be reset
and calculations for that particular week will commence afresh. The
Season Leaderboard will continue to accumulate points throughout the
run of the Poll. For the purpose of the Weekly Leaderboard
‘week’ shall mean Monday to Thursday during the Poll
Period.
-
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 Gratifications,
Season Gratification 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.
-
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.
-
Prize Fulfilment – Weekly Gratification
-
The Company reserves the right to amend and update the Points
mechanism along with corresponding Weekly Gratification.
-
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 a Weekly Gratification. A
Participant can only win an Offer Prize whether as a part of the
Weekly Leaderboard or Season Leaderboard only once during the Poll.
However, a Participant who has won an Offer Prize at any time during
the Poll, will also be eligible to win a Season Offer Prize. The
Company shall not communicate or notify any Participant if they become
a Weekly Winner. The Participants should continue to check the Weekly
Leaderboard to see if they have won the Weekly Gratification.
-
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.
-
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.
-
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 Dance+ Pro
(including any/all episodes of Dance+ available on the Disney+ Hotstar
Application) during the relevant week (to which the Weekly Leaderboard
pertains) i.e., Monday to Thursday between January 08, 2024 and
February 29, 2024. The higher the watch time of the Participants, the
higher the Participant will be placed in the tie-break.
-
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.
-
The Weekly Gratification for each weekly quiz round shall be as
follows:
-
Weekly Leaderboard Ranks 1 to 1000: 1 (one) Offer Prize each.
-
On winning a Weekly Gratification distributed by the Gratification
Partner(s), the Participant will receive a Gratification Partner
authorized communication (e-mail, calls, SMS (short message service)
etc.) from the Gratification Partner(s) with instructions on how to
redeem the said Weekly Gratification. Redemption of Weekly
Gratification may be subject to geographical restrictions. Successful
redemption of the Weekly Gratification is subject to registration with
the Gratification Partner and subject to their Terms and Conditions.
The sole responsibility of the fulfilment of the Weekly
Gratification(s) lies with the Gratification Partner and the
Participants understand and agree that the Company shall not have any
responsibility of the same whatsoever.
-
It is the sole responsibility of the Participant to maintain the
secrecy of Weekly Gratification link and to ensure that the same is
not shared with any other person. A Weekly Gratification once claimed
whether erroneously on another device / through an ID other than the
intended ID / someone accessing a Participant’s Disney+ Hotstar
Application login ID (in event of multiple users) shall not be the
responsibility of the Company and its Gratification Partner.
-
Weekly Gratification fulfilment will be the responsibility of the
Gratification Partner. The Participant will be responsible for
providing the correct login details on the website/app of the
Gratification Partner and the Company will not responsible to validate
correctness of the details provided by the Participant.
-
The Company shall not be responsible in cases of Weekly Gratification
forfeiture resulting due to incorrect login details provided on the
Gratification Partner website(s), absence of a registered ID with the
Gratification Partner(s), in cases where the Prize has not been
credited/cannot be utilized due to absence of a KYC compliance with
the Gratification Partner’s terms and conditions, or any other
reason(s) attributable to the Gratification Partner.
-
While the Company may allow visibility of the Offer Prizes in the
“Prizes” tab on the Disney+ Hotstar Application even after
the Content is published on the Disney+ Hotstar Application,
Participants are expected to collect the Offers as per validity
mentioned against these Offer Prizes. Please note that all Offer
Prizes can have different validity/expiry dates and the Company shall
not entertain any request for change, replacement or extension in an
Offer Prize in the event of expiry.
-
For any queries/complaints or clarifications in relation to the
redemption of the Prizes on the Partner platform, the Participant is
required to contact the Gratification Partner(s)
-
By participating in this Poll, the Participants consent and
acknowledge that their personal details such as name and phone numbers
might be shared by the Company with the Gratification Partner in
relation to the gratification process under these Terms & Conditions.
-
By accepting the Terms & Conditions, the Participant hereby
agrees to comply with the Terms and Conditions of the Gratification
Partner and the Company.
-
By agreeing to the Terms & Conditions defined herein the
Participant agrees to be contacted at phone number/ any other contact
details provided by him/her for any purposes as may be required by the
Company and the Gratification Partner.
-
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.
-
In addition to the abovementioned terms, the Prize Fulfilment-General
Terms and Conditions will also be applicable to Weekly
Gratification.
-
Prize Fulfilment – Season Gratifications
-
The Company may award 4,004 (four thousand and four) Season
Gratification (the Company may revise the Season Gratification 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 Gratification
announcements.
-
Participant who has won a Season Gratification, will be informed (by
the Company or its authorised representatives and/or the Gratification
Partner) 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, 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
Gratification 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 Gratification on their Social Media page or any other web page,
at its own discretion. The Participant who has won a Season
Gratification shall submit additional information, details and
documentation as required by the Gratification Partner and as per the
timelines required by the Gratification Partner to be able to claim
the Season Gratification.
-
With respect to the Season Leaderboard and Season 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 Dance+ Pro
(including any/all episodes of Dance+ available on the Disney+ Hotstar
Application) between Monday to Thursday of each week during period
between January 08, 2024 and February 29, 2024. The higher the watch
time of the Participants, the higher the Participant will be placed in
the tie-break.
-
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.
-
The Season Gratification(s) shall be as follows:
-
Season Leaderboard Ranks 1 to 4: 1 (one) Season Offer Prize and a
call from a contestant on the Content.
-
Season Leaderboard Ranks 5 to 4,004: 1 (one) Offer Prize each.
-
The Season Gratification Winner(s) will be contacted by a Company
representative for verification and completion of the Season
Gratification fulfilment process. The Company will make 3 (three) call
attempts 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 used
for registration on the Disney+ Hotstar Application. The Company is
not responsible to validate correctness of the mobile number provided
by the Participant.
-
The Company reserves the right at its discretion to forfeit a Season
Gratification Winner’s eligibility to win a Season Gratification
in the following scenarios and proceed to contact the next eligible
Participant for Season Gratification Winner determination, as the case
may be based on the Terms & Conditions governing other contests
and Poll run by the Company:
-
Failure to provide any documentation, proof or requested
information, within the defined timelines;
-
Failure to successfully contact the said Participant on the
furnished contact details as per defined process;
-
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;
-
The Company will not permit or entertain any requests or claims to
check / audit / challenge the logic of the factors relevant for
determining Season Gratification Winner.
-
On winning an Offer Prize under the Season Gratification distributed
by the Gratification Partner(s), the Participant will receive a
Gratification Partner authorized communication (e-mail, calls, SMS
(short message service) etc.) from the Gratification Partner(s) with
instructions on how to redeem the Offer Prize. Redemption of Offer
Prize may be subject to geographical restrictions. Successful
redemption Offer Prize under the Season Gratification is subject to
registration with the Gratification Partner and subject to their Terms
and Conditions. The sole responsibility of the fulfilment of the Offer
Prize lies with the Gratification Partner and the Participants
understand and agree that the Company shall not have any
responsibility of the same whatsoever.
-
It is the sole responsibility of the Participant to maintain the
secrecy of the Offer Prize link and to ensure that the same is not
shared with any other person. An Offer Prize once claimed whether
erroneously on another device / through an ID other than the intended
ID / someone accessing a Participant’s Disney+ Hotstar
Application login ID (in event of multiple users) shall not be the
responsibility of the Company and its Gratification Partner.
-
Offer Prize fulfilment will be the responsibility of the
Gratification Partner. The Participant will be responsible for
providing the correct login details on the website/app of the
Gratification Partner and the Company will not be responsible to
validate correctness of the details provided by the
Participant.
-
The Company shall not be responsible in cases of Offer Prize
forfeiture resulting due to incorrect login details provided on the
Gratification Partner website(s), absence of a registered ID with the
Gratification Partner(s), in cases where the Prize has not been
credited/cannot be utilized due to absence of a KYC compliance with
the Gratification Partner’s terms and conditions, or any other
reason(s) attributable to the Gratification Partner.
-
While the Company may allow visibility of the Offer Prizes in the
“Prizes” tab on the Disney+ Hotstar Application even after
the Content is published on the Disney+ Hotstar Application,
Participants are expected to collect the Offers as per validity
mentioned against these Offer Prizes. Please note that all Offer
Prizes can have different validity/expiry dates and the Company shall
not entertain any request for change, replacement or extension in an
Offer Prize in the event of expiry.
-
By participating in this Poll, the Participants consent and
acknowledge that their personal details such as name and phone numbers
might be shared by the Company with the Gratification Partner in
relation to the gratification process under these Terms &
Conditions.
-
For any queries/complaints or clarifications in relation to the
redemption of the Prizes on the Partner platform, the Participant is
required to contact the Gratification Partner(s)
-
By accepting the Terms & Conditions, the Participant hereby
agrees to comply with the Terms and Conditions of the Gratification
Partner and the Company.
-
By agreeing to the Terms & Conditions defined herein the
Participant agrees to be contacted at phone number/ any other contract
details provided by him/her for any purposes as may be required by the
Company and the Gratification Partner.
-
In addition to the abovementioned terms, the Prize Fulfilment-General
Terms and Conditions will also be applicable to Season
Gratification.
-
Prize Fulfilment – General Terms and Conditions
-
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.
-
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 and/or the Gratification Partner.
-
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 and/or by the Gratification Partner
to the Participant(s), could result in the Prize(s) being
forfeited.
-
All personal details and information requested by and submitted to
the Company and/or the Gratification Partner 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.
-
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.
-
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.
-
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.
-
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.
-
Employees of the below mentioned entities, their associates and
affiliates are ineligible to claim the Season Gratifications during
the Poll Play including other contests and Polls run by the Company
and/or Sponsors:
-
Novi Digital Entertainment Private Limited
-
Star India Private Limited
-
Mashal Sports
-
Frames Production Company Private Limited
-
HDFC Bank Limited
The employees of the above-mentioned organizations, hereon referred to
as “White-Listed Participants” would be ineligible to claim
any Prizes.
-
OTHER TERMS AND CONDITIONS
-
The Poll is meant for entertainment and recreational purposes only,
and is not a bet, award or challenge or other form of formal
event.
-
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.
-
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.
-
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.
-
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 and/or its Gratification Partner(s) are
not responsible for any such instances.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
SYSTEMS AND AVAILABILITY
-
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.
-
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.
-
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.
-
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:
-
Where the Device under use for Poll Play hangs;
-
Where the Device auto-locks, screen times out during the course of
the Poll;
-
Where the Unique Identifier is used by multiple devices.
-
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.
-
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.
-
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.
-
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.
-
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.
-
The Participant acknowledges and agrees to hold harmless the Company
and/or any of its associates and affiliates and its Gratification
Partner(s) 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 or its Gratification
Partner(s).
-
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.
-
Company shall not be liable for any failure of the Disney+ Hotstar
Application server or system during the course of participation in the
Poll.
-
Company and its sub-contractors are not responsible for delayed
receipt or non-receipt or incomplete receipt or corrupted receipt of
responses.
-
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.
-
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.
-
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.
-
INTELLECTUAL PROPERTY
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.
-
USER CONDUCT
-
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.
-
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.
-
Participant(s) shall not attempt to transmit content regarding
services, products, surveys, contests, pyramid schemes, spam,
unsolicited advertising or promotional materials, or chain
letters.
-
GENERAL TERMS & CONDITIONS
-
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.
-
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.
-
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.
-
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.
-
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.
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In the event of any fault, misunderstanding or dispute concerning any
part of the Poll, and/or the operation of the telephone system,
internet system, or the validity of any question or 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.
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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.
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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.
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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.
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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.
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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 or its Gratification Partner(s) 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.
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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.
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The Company is empowered to take a decision in relation to the Poll
on any case not covered by the present Terms & Conditions.
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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.
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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.
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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.
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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.
All Offer Prize redemption is only routed through the Gratification
Partner(s). 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.).
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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.
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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.
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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.
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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.
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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.
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Participant correspondence, transactions or related activities
with third parties, including payment providers and verification
service providers of the Gratification Partner(s), are solely between
the Participant and that third party. Participant’s
correspondence, transactions and usage of the services of such
Gratification Partner(s) shall be subject to the Terms &
Conditions, rules & regulations, policies and other service terms
adopted/implemented by such Gratification Partner(s), and the
Participant(s) shall be solely responsible for reviewing the same
prior to transacting or availing of the services of such Gratification
Partner’s. Participant agrees that Company will not be
responsible or liable for any loss or damage of any sort incurred
because of any such transactions with Gratification Partner(s). Any
questions, complaints, or claims related to any third-party product or
service should be directed to the appropriate vendor.
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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.