“KING OF KOTHA MOVIE CONTEST”- WATCH & WIN CONTEST
TERMS AND CONDITIONS
These terms and conditions (‘Terms & Conditions’) shall
be binding on all participants (each a ‘Participant’ or
‘You’) who voluntarily agrees to participate in the contest
titled “King of Kotha Movie Contest” (‘Contest’)
which will be hosted by Star India Private Limited. (“SIPL”)
for the purpose of promotion and viewer engagement during the telecast
of the movie titled King of Kotha (“Movie” /
“Film”) during the Contest Period (as defined below) on its
channel viz, Asianet (“Channel”). The Contest will be
conducted on the Channel.
The Contest shall be governed by the Terms & Conditions and all the
Participants in the Contest shall unconditionally accept and agree to
comply with and abide by the same. If You do not agree to be bound or
cannot comply with any of the Terms & Conditions, please do not
continue. Your failure to accept or comply with the provisions of these
Terms & Conditions will disqualify you from participating in the
Contest. The decisions of SIPL for all matters relating to the Contest
shall be final and binding in all respects.
SIPL reserves the right to revise these Terms & Conditions at any
time without prior notice to the Participant. The revised Terms &
Conditions, if applicable, will be effective immediately upon uploading
the same on Website (defined below), unless otherwise mentioned. The
Participants are encouraged to re-visit the Website to stay abreast of
any changes that may be introduced. Your continued participation in the
Contest shall be deemed acceptance of such Terms & Conditions. You
acknowledge that no knowledge of the revisions made shall not be a
defence in any proceeding with regard to the Contest.
To participate in the Contest, the Participant may be required to
disclose his/ her personal information to SIPL from time to time such as
name, contact number, email ID, residential address, and/or other
personal information. (“Personal Information”). SIPL is
committed to protecting the privacy and the confidentiality of the
Personal Information received. SIPL uses commercially reasonable efforts
and general industry standards to protect such information from any
unauthorized access or disclosure. Such information in dealt in the
manner laid down in the Privacy Policy of SIPL available at https://www.disneystar.com/legal-terms-policies/ (‘Website’).
Any information gathered through these Terms and Conditions shall be
subject to our Privacy Policy which is available at our Website
incorporated herein by reference. Your act of participating in the
Contest shall be deemed to be your absolute agreement to the Terms and
Conditions, Terms of Use, Privacy Policy and User Generated Content of
SIPL as prescribed from time to time (hereinafter collectively referred
to as (“Terms and Conditions”). If You do not agree to be
bound or cannot comply with any of the Terms and Conditions, please do
not continue. Your failure to agree to these General or Principal Rules
(as stated herein below) or the Privacy Policy or Terms of Use or User
Generated Content will disqualify Your participation in the Contest. The
Contest shall be governed by the Terms and Conditions and all the
Participants in the Contest shall unconditionally accept and agree to
comply with and abide by the same.
The Privacy Policy available at the Website shall govern all usage of
any Personal Information and/or any other information as detailed in the
Privacy Policy and including but not limited to the mobile phone number
and/or any information in relation to Your participation in the Contest
gathered under or pursuant to this Contest by SIPL (if any).
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PRINCIPAL RULES
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SIPL shall announce the Contest via promos on the Channel and other
channels of SIPL, and digital platforms of the Channel (Facebook,
YouTube, Twitter and Instagram) or through any other medium of
exploitation which shall be at the sole discretion of SIPL.
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The Contest shall commence from 07:00 PM Indian Standard Time
(“IST”) on December 24, 2023 and shall conclude at 11:00
PM IST on December 24, 2023 (“Contest Period”) during the
telecast of the Film on the Channel. For sake of clarity, it is
clarified that the Contest Period shall consist of 4 (four) hours
starting from 07:00 PM on December 24, 2023 and closing at 11:00 PM on
December 24, 2023. SIPL reserves all rights to make amendments to the
Contest Period or such other terms and conditions stated herein,
without giving prior notice. It shall be the sole responsibility of
the Participant (s) to check the Terms and Conditions for the Contest
on the Channel and /or the Website from time to time. SIPL also
reserves the right to cancel and/or postpone the Contest without any
prior intimation to the Participant(s).
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During the Contest Period, 5 (five) multi-choice questions will be
aired as 15 second promo communications during the telecast of the
Film in alternate breaks (“Movie Break(s)”). The total number of Questions
triggered during the Contest Period shall not exceed 5 (five). It is
further clarified that the Contest shall be triggered only during the
telecast of the Film on the Channel during the Contest Period and no
other timeslots. It is clarified that question(s) of the Contest
triggered during the Contest Period shall be strictly based on the
Film. For the purposes of this Terms and Conditions, each of the
Questions shall be displayed on the Channel during the telecast of the
Prime-Time Movie on a Plate or Aston of 15 seconds along with the
mechanism for every Participant to participate in the Contest. The
timeline for submission of answers to a particular Question during the
Contest Period will be during the period that Question is available on
the Contest Page, ie, starting from the time of trigerring of the
Question on the Channel and till the next Question is trigerred on the
Channel.
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To participate in the Contest and to be eligible for the Prize (as
defined below), the interested Participant(s) shall be required to
correctly answer all the five (5) Questions during the Contest Period,
by visiting the contest page on Disney+Hotstar by clicking the link, https://www.hotstar.com/in/movies/king-of-kotha/1260153659 (“Contest Page”) and answer the Questions
(“Answer/ Entry”). The Questions will be refreshed
on the Contest Page regularly during the Contest Period in accordance
with the Questions trigerred on the Channel during each alternate
Movie Break. That is a particular question trigerred on Channel
during a particular Movie Break will be available on the Contest Page
only till the next Question is trigerred on the Channel, and so on.
If the Participant(s) provides an incorrect Answer(s) to any
question(s), then his/her Entry (as defined below) shall be considered
incomplete, and the Participant(s) shall not be eligible for the Prize
(as defined below). Answer(s)/Entry(s) received after Contest Period
will not be considered and shall be deemed null and void without
requirement of any further intimation by SIPL.
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A Participant can answer a particular Question only once during the
Contest Period, through their Android and /or IOS Device and/or any
operational devices. Providing the correct Answer to all the five (5)
Questions of the Contest during the Contest Period by the
Participant(s) on the Contest Page shall be considered as a complete
and valid entry (“Entry”). For the avoidance of doubt, by
submitting the Entry and /or Answer(s) the Participant(s) is
representing that the Entry(s) and /or Answer(s) or contents thereof
are not confidential or comprise any sensitive Personal Information.
It is clarified that each Participant(s) can submit only one (1) Entry
for the Question(s) during the Contest Period and multiple submission
of Answer(s) / Entry for the same Question(s) shall make him /her
disqualify and ineligible from participating in the Contest and shall
render his /her Entry invalid. Further, Answer/s Entries
received after the Contest Period shall be considered null and void.
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This Contest is subject to the guidelines /directions issued by the
appropriate Government and any other statutory authority from time to
time.
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It is clarified that all costs incurred (if any) by the
Participant(s) to participate in the Contest shall be solely borne by
the Participant(s) without any recourse to SIPL.
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In case of network failure and/or any other reason, SIPL reserves the
right to change the mechanism or take such necessary steps as it may
deem fit.
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SIPL and/or the Channel reserves the right to disqualify any
Participant(s) from participating in the Contest without assigning any
reason whatsoever. The decision of SIPL and/or the Channel in this
regard shall be binding upon the Participant(s).
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At the end of the Contest Period, every Participant(s) on the basis
of the having made a valid Entry and correct Answer(s) to all the five
(5) Question(s) triggered during the Contest Period, ten (10)
Winners will be selected on a random basis (“Winners”)
from the pool of Entries received. For the entire Contest Period
the total number of Daily Winners shall not exceed a total number of
10 (ten). Each of the Winners shall be entitled for one (1) gram gold
coin as Prize (hereinafter referred to as (“Prize”) and;
at the end of the Contest Period, the Winners shall be declared by
SIPL at its sole discretion, via Promos on the Channel and on social
media platforms of the Channel.
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SIPL shall contact the Winners on their registered mobile number /
e-mail id (registered with Disney+Hotstar) for informing them of the
date/time at which the Prize may be personally collected by them from
a designated venue located in Kochi, pre-informed by SIPL The Winner
(s) shall be announced on the Channel and /or Website or any other
medium as SIPL may deem fit and necessary at its sole discretion. It
is further clarified that save and except the Prize, the Winner shall
not be entitled to any other form of gratification (monetary or
otherwise). Entries sent after the Contest Period will not be
considered for the Contest and shall be deemed null and void.
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These Winners shall be contacted by SIPL on their registered mobile
numbers / e-mail id (as the case may be) through which Entry had been
submitted on the Contest Page, for informing them that they have
been selected as the Winner of the Contest. The Winner shall be
required to submit to SIPL scanned copies of their age proof and
address proof which shall be a valid passport copy, aadhar card copy,
pan card copy, driver’s license, etc. For better clarity,
it is explained that for claiming any and all Prizes under this
Contest, the Winners should have a valid PAN issued by the income tax
authorities and; the Winners are required to produce a copy of their
PAN card to SIPL for claiming their Prizes (“Prize
Winner’s Documents”). The Winner’s shall be required
to submit the Winner’s Documents to SIPL within seven (07) days
from the date of the communication received from SIPL by the Winner.
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In case any Winner(s) is unavailable on the specified date and time
as communicated by SIPL for collection of Prize, the selection of that
Winner(s) shall be invalidated, and SIPL shall at its sole discretion
select another participant as the Winner from amongst the
Participant(s) who have made valid Entry during the Contest Period.
For the avoidance of doubt such choice of new Winner by SIPL shall be
final and binding. SIPL shall not be responsible if any of the Winner
is not available on the date, time and place as communicated by SIPL
and as a result of which, the Winner loses his/her chance to the Prize
and such decision shall be final and binding.
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In the event the said Winner fails to adhere to the instructions of
SIPL and/or fails to submit a copy of their PAN Card and; all the
requisite identification documents as more particularly mentioned
herein, then his/her selection shall be invalidated and SIPL shall not
be liable to that Winner in any manner whatsoever.
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SIPL and/or the Channel reserves the right to decide the Winner(s) of
the Contest at its sole discretion.
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It is clarified hereby that SIPL shall have a discretionary right to
postpone/ cancel/change the destination of the Prize of reasons of
unavoidable circumstances.
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The Prize is non-transferrable and non-exchangeable. For the purpose
of clarity, no cash equivalent or alternative prize shall be given to
the Winners and the Winners cannot exchange the Prize for a gift of
equivalent value. Further, the Prize won is personal to the
Winner and the Winner cannot transfer the Prize to any other
person.
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The decision of SIPL and/or the Channel shall be final and binding on
all the Participant(s) and by participating in the Contest, it shall
be construed that the Participant(s) has waived his/her right to raise
any dispute against any decision made by SIPL and/or the Channel.
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By participating in the Contest, it shall be construed that the
Participant(s) has waived his/her right to raise any dispute in
connection to the Contest and/or the selection procedure and/or the
details of the scores and/or the Winner and/or the Prize.
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The final selection of the Winners shall be made by SIPL and shall be
final and binding on the entire Participant(s)/ Winners and in no
event shall the Participant(s)/ Winners dispute the decision made by
SIPL or its employees in connection to the Entry/Answer and /or the
Contest. For the sake of clarity, in the event of any fault,
misunderstanding or dispute concerning any part of the Contest and/or
the selection process to qualify for the Contest, the decision of SIPL
shall be final and binding.
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The Participant/ Winner shall not in any circumstances make any
claims against SIPL entities arising out of or relating to any and all
costs, injuries, losses or damages of any kind, including, without
limitation due to any technical faults or directly or indirectly, to
the Participant(s)/ Winner’s participation or non-participation
in the Contest or any related activity. If the Participant/
Winner are found to be ineligible, or if he or she has not complied
with these Terms and Conditions, the corresponding Entries will be
disqualified.
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The Participants/ Winner(s) shall at all times comply with the
applicable laws, the Terms and Conditions on which this Contest is
hosted.
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By entering the Contest, each Participant(s)/ Winner acknowledges and
agrees that: (i) any and all disputes, claims and causes of action
arising out of or in connection with the Contest, or any Prize
awarded, shall be resolved individually, without resort to any form of
class action; and (ii) any and all claims, judgments and awards shall
be limited to actual out-of-pocket costs incurred and associated with
entering the Contest (if any), notwithstanding the foregoing, under no
circumstances will SIPL and/or SIPL entities be liable for any
consequential, indirect, special punitive, or incidental damages or
lost profits, whether direct or indirect, arising in any way whether
in contract, tort (including negligence) or otherwise.
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SIPL reserves the right to disqualify any Participant(s)/ Winner(s)
from participating in the Contest if his/her conduct is found to not
be in concurrence with the Terms and Conditions set out herein or as
may be revised by SIPL from time to time. SIPL reserves the absolute
right and discretion to reject any Entry/ Answer or any part thereof
at any stage of the Contest, including after declaring the Winners, if
SIPL:
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receives any notice or complaint relating to the Entry/ Answer not
being compliant of the Terms and Conditions including alleged to be
infringing any form of rights including rights in any form of
intellectual property of any third party;
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determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person and to which the Participant does not
have any right to; blasphemous, indecent, immoral, abusive, offensive,
against the applicable laws or libelous and/or is contrary to any law
in force; is grossly harmful, harassing, defamatory, obscene,
pornographic, pedophilic, libelous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating
or encouraging money laundering or gambling, or otherwise unlawful in
any manner whatever; harm minors in any way; infringes any patent,
trademark, copyright or other proprietary rights; violates any law for
the time being in force; deceives or misleads the addressee about the
origin of such messages or communicates any information which is
grossly offensive or menacing in nature; impersonate another person;
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer resource; threatens the unity, integrity, defense,
security or sovereignty of India, friendly relations with foreign
states, or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is
insulting any other nation.
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The decision of SIPL in this regard shall be final and binding upon
the Participant(s)/ Winner. The Winner and /or Participant(s) shall
not in any circumstances make any claims against SIPL entities arising
out of or relating to any and all costs, injuries, losses or damages
of any kind, including, without limitation due to any technical faults
or directly or indirectly, to the Participant(s)/ Winner’s
participation or non-participation in the Contest or any related
activity. If the Participant/ Winners are found to be ineligible, or
if he or she has not complied with any of these Terms and Conditions,
the corresponding Entries will be disqualified.
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In consideration of the participation in the Contest, Participant/
Winner hereby irrevocably, exclusively and perpetually assigns all
rights, titles and interest in and to the text or any parts thereof
submitted with the Entry and/or the Answer, during or pursuant to the
Contest, including rights in any forms of intellectual property
including but not limited to right to use, add, alter, translate,
adapt any Entry made including but not limited to for use of the same
on the world wide web (internet), publication, communication to the
public in any other form of media for the entire world to SIPL. To the
extent, the above assignment is not held valid by operation of law,
the Participant(s)/ Winner in consideration of participating in the
Contest, hereby also grants an exclusive, perpetual, sub licensable
license to SIPL for use in the entire world in any media and form as
SIPL may deem fit, of the texts, Entry or any parts thereof submitted
during the Contest to SIPL including right to use, add, alter,
translate, adapt any Entry made including but not limited to for use
of the same on the world wide web (Internet), publications,
communication to the public in any other form of media. The
Participant(s)/ Winner waive any so-called moral rights in the
Entry.
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Neither SIPL and/or Channel nor its employees have given a guarantee
regarding the quality of the Prize and the Winner agrees not to hold
SIPL and/or the Channel and its employees, responsible with regards
thereof.
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By participating in the Contest, it is construed that the
Participant(s)/ Winner(s) has read and understood these Principal
Rules including the General Rules stated below and has agreed to abide
by the same.
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All and any incidental costs direct and/or indirect, in relation to
the Contest, shall be borne by the Contestant(s) and in no manner
whatsoever shall the Channel/SIPL, be responsible for the same.
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GENERAL RULES
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In the event of any fault, misunderstanding or dispute concerning any
part of the Contest, the decision of SIPL shall be final.
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The Participant(s) interested in participating in the Contest must be
above the age of 18 (eighteen) years and a resident of Kerala (India)
only. The Participant(s) should not have been previously convicted of
any criminal offense or must not be a party to an arrangement or a
contract that prevents them from participating in the Contest.
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Proof of age, if requested, of the Participant(s) must be submitted
to SIPL (i.e., Birth Certificate, 10th Class leaving Certificate/
School certificate/ passport/ an affidavit signed by a magistrate and
attested in such manner) as may be required by SIPL to confirm the
eligibility of the Participant(s). SIPL also reserves the right to
disqualify a Participant(s)/ Winner(s) in case a discrepancy is found
to exist in the information furnished/ provided/ stated by the
Participant(s)/ Winner(s) at any point of time during the Contest
Period.
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The Participant(s)/ Winner(s) represents and undertakes to execute
and produce such further documents as may be required by SIPL in
relation to the Contest.
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Participant(s) agree, understand and acknowledge that there is no
prize/gratification for merely sending Entry in the Contest.
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Each Participant(s)/Winner(s) consents to the use of information
submitted by the Participant(s)/ Winner(s) including the Entry(s)/
Answer(s) for the purpose as set out in these Terms and
Conditions.
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SIPL reserves the right to cancel and/ or postpone the Contest
without assigning any reasons and/ or without giving any prior
intimation to the Participant(s).
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In case a Participant(s)/ Winner(s) is found to be in non-conformance
of the Terms and Conditions, Terms of Use, User Generated Content or
Privacy Policy, then SIPL will disqualify the Entry/ Answer received
from such Participant(s)/ Winner(s).
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The Terms & Conditions shall be advertised sufficiently across
the Website to ensure that no Participant is misled and understands
the entire participation process prior to participating in the
Contest.
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In case of any network failure, unclear network, disruption in the
network, and /or technical failure in submitting and/ or receiving the
Entry/ Answer and/or for any reasons whatsoever, SIPL reserves the
right at its sole discretion to change the Contest mechanism for
submitting the Entry/ Answer and /or cease from accepting Entry/
Answer of the Participant(s)/ Winner(s) during the Contest Period in
any manner it deems fit and necessary. In addition SIPL shall not be
liable and /or responsible in any manner whatsoever in the event of
any malfunction/fault /failure in the Contest mechanism for submitting
the Entry/ Answer including without limitation system failure in the
mechanism of submitting the Entry due to any reason whatsoever
including technical disruption/network failure/ any other difficulties
of such nature due to which the Participant(s) is unable to
participate or submit his/her Entry/ Answer as stated in these Terms
and Conditions and /or informed on the Channel due to technical
/technological restrictions and /or due to reasons /events/incidents
beyond the commercially reasonable control of SIPL.
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To the extent permissible in law, Participant(s) shall not in any
circumstances make any claims against SIPL, Channel, their employees,
directors or its affiliates arising out of or relating to any and all
costs, injuries, losses or damages of any kind that may be suffered,
including, without limitation due to any technical faults in the
network and/ or connections or directly or indirectly due to or
relating to their participation or non-participation in the Contest
mechanism. If the Participant(s) is found to be ineligible, or if they
have not complied with these Terms and Conditions, the corresponding
Entry(s) will be disqualified.
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The Winner(s) agrees to maintain complete confidentiality regarding
their selection for the Prize and any matter relating thereto and
shall not disclose any information pertaining to the Prize or the
Contest which is disclosed to the Winner(s) and which is not available
to public in general, to any person or media etc. without the consent
of SIPL. In case the Winner(s) breaches this condition, he/she shall
be liable to be disqualified/rejected and shall not be eligible for
the Prize.
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The Prize cannot be transferred, negotiated, refunded or exchanged
for money by the Participant(s)/ Winner(s). For the sake of clarity,
there shall be no other gratification. It is clarified that it is not
necessary that the act of collection of the Prize be recorded by SIPL
or will be incorporated in the Program or will find a mention in the
Program and/ or on the Channel.
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SIPL shall not be responsible for any Entry(s)/Answer(s) submitted
but not received due to any reason whatsoever including technical
disruption and/or failure and/or any other difficulties of such
nature.
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SIPL reserves the right to forfeit the Prize in the event it is found
by SIPL or it has a reason to believe that any information provided by
the Winner(s) including Personal Information is wrong, incorrect,
fraudulent or misleading. SIPL shall have the right to declare another
Participant(s) (on a random basis on the criterion mentioned herein)
as the Winner(s) of the Contest, at its sole discretion and transfer
the Prize to such person. Such decision of SIPL shall be final and
binding.
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The Winner(s) agrees that if due to any reason, whatsoever, beyond
the control of SIPL the Prize and/or the benefit in connection thereto
becomes ineffective, invalid or unavailable (e.g.
cancellation/postponement of the Contest), SIPL shall not be held
responsible and/or liable for the same.
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SIPL makes no representation and/or warranty regarding the Prize
other than those given in these Terms and Conditions and hereby
expressly disclaims all other warranties, expressed or implied.
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The Winner(s) shall be solely responsible to avail themselves of the
Prize at the time of delivery. The Winner(s) agrees that he/she shall
not hold SIPL and/or its employees, responsible for delays in delivery
due to shortage of stocks from the suppliers of the Prize and/or any
damage during transit or any problem in connection to the Prize.
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The Winner(s) specifically agree and undertakes on behalf
of himself / herself and his / her respective family members that
he / she shall unconditionally make himself /
herself and his / her family members accompanying
him / her to watch the designated Prize distribution
at the venue available from time to time and co-operate with SIPL and
participate in any activity and/or campaign of any nature
whatsoever ("Promotional Activity") without any
consideration whatsoever payable to the Winner(s) for the same. The
Winner on behalf of himself / herself and his / her respective family
members allows, grants and permits SIPL or any party authorized by it
to record (audio-video/audio or video), his /her and /or
his / her family member’s appearances,
participation, performance, acts, any interaction of the
Winner(s) and /or his / her family members within
themselves and /or with any celebrities, media or
any third party or any representative of SIPL or any related
series of sound recordings and video recordings which have been shot
during the prize distribution ceremony at the venue and/or as part of
the Promotional Activity on film, tape or digital or other electronic
media and includes recording of any personal questions or
conversations relating to the personal lives of the Winner and /or his
/ her family members (“Footage”) and agree that the
Footage may be used by SIPL as it deems fit anywhere in the
world at any time now or in the future. The Winner agrees and
acknowledges on behalf of himself and his / her family members that
all rights in the Footage vests exclusively with SIPL worldwide in
perpetuity and SIPL is entitled to exploit the same in any
manner it may deem fit across any media or platform whether
existing now or which may come into existence into the future . The
Winner(s) further agrees and undertakes to execute on his / her
behalf as well as on behalf of his / her family members,
necessary documentations as may be required by SIPL in
respect of the exploitation and use of such footages.
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The Participant(s)/Winner(s) shall not do any act either directly or
indirectly during such Promotional Activity which may bring SIPL into
public disrepute or denigrate any of the preceding, or offend any
community or public morals and in all public appearances the
Participant(s)/Winner(s) shall use her/his judgment in general
demeanour and choice of language to create an atmosphere which would
be conducive to promotion of the Channel.
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SIPL shall not be responsible if the Winner(s) is not available on
the venue for collection of Prize(s) and as a result of which, the
Winner(s) loses his/her chance to the Prize and such decision of SIPL
shall be final and binding.
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By participating in the Contest, it shall be construed that the
Participant(s) and/or the Winner(s) have waived his/her right to raise
any dispute with regard to the Contest, and /or the Prize in any
manner whatsoever to the extent permissible under law.
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For the sake of clarity, if the Winner(s) refuses to accept the Prize
awarded upon physical delivery of the same, SIPL shall be released
from all obligations towards the Winner(s) in connection with the
Prize won by the Winner(s). Further, after forfeiting the Prize, SIPL
shall be entitled to select and declare another Winner(s) (on a random
basis on the criterion mentioned herein), as it deems fit, and award
the Prize to that Winner(s) and such decision of SIPL shall be final
and binding.
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Further, SIPL shall not be responsible or liable for any technical
disruption and/or failure and/ or any other difficulties of such
nature, due to which the Winner(s) is not traceable or any technical
disruption and/or failure and/or any other difficulties of such
nature, due to which SIPL is unable to intimate the Winner(s).
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Neither SIPL nor its employees have given a guarantee regarding the
quality of the Prize and the Winner(s) agree not to hold SIPL and/or
the Channel and its employees, responsible with regards thereof. It is
clarified that SIPL and/ or Channel shall not be responsible for the
brand, quality, value etc. in connection to the Prize and the
supplier/ manufacturer shall be solely responsible for the same.
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SIPL will not be responsible nor shall be held liable for any defects
in the Prize, if any, and/or to supply any purchase receipt of the
Prize or any other document in relation to the Prize. The Winner
agrees that he/she shall not hold SIPL and/or the Channel and/or their
employees responsible for delays or any problems in connection to the
Prize.
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Each Participant, in consideration of being given opportunity to
participate in the Contest, agrees that the Participant/Winner shall
hold harmless and indemnify the main sponsor, if any, SIPL, or any of
its channels, its affiliates, its group companies, their employees,
officers, directors or any other person from and against any
injury/damage/harm/losses/ death/ mental or emotional trauma suffered
by the Participant(s)/Winner(s), in any manner whatsoever in
connection with the Contest, the Contest mechanism and/or the Prize
won and/or the Channel and/or any material submitted forming part of
the Entry/Answer and/or any Personal Information submitted by the
Participant(s)/Winner(s) and to the extent permissible under law
waives all rights to file in person through any family member and/or
third party any applications, criminal and/or civil proceedings in any
courts or forum in India to claim any damages or reliefs.
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SIPL is in no manner whatsoever responsible and/or shall not be held
liable in any manner whatsoever, for any physical injury, death,
mental and/or emotional trauma caused to the Participant(s)/Winner(s)
in any manner whatsoever, in relation to the Contest.
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Each Participant in consideration of being given opportunity to
participate in the Contest, agrees to hold harmless and indemnify
SIPL, its affiliates, its group companies, their employees, officers,
directors and/or any other person from and against any suit/
litigation/ injury/ damage/ harm/ loss suffered by SIPL in connection
with any act of the Participant(s)/Participant(s) Entry and/or the
Contest including any third party rights claims with respect to the
material submitted by the Participant(s).
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Each Participant(s)/Winner(s) hereby acknowledges and agrees that the
relationship between the Participant/Winner(s) and SIPL and its/their
affiliated companies is not a confidential, fiduciary, or other
special relationship.
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The Participant(s)/Winner(s) acknowledges that in case the
performance of this Contest and/or availing the Prize cannot be
fulfilled due to war, industrial action, flood or any Act of God then
such non-performance or failure shall not be deemed as a breach of
these Terms and Conditions and if such inability to perform such
obligation continues for a period of 15 (fifteen) days, then SIPL
shall be at liberty and upon their sole discretion to terminate any
such Prize and/or participation of a Participant(s)/Winner(s)
forthwith and such decision shall be final and binding.
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Participant(s)/Winner(s) acknowledges that in case any portion/clause
of these Terms and Conditions is deemed invalid or becomes
unenforceable or prohibited by the law of the country, such portions
shall be considered divisible and shall not be part of these Terms and
Conditions, and the remainder of these Terms and Conditions shall be
valid and binding and of like effect as though such provision was not
included herein.
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Participant/Winner acknowledges that
Participant’s/Winner’s representations, warranties,
indemnities, grant of rights in the Entry, dispute mechanism and
obligations shall survive the efflux of time and the termination of
these Terms and Conditions.
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The Participant(s)/Winner(s) shall at all times comply with the laws
of India.
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The Terms and Conditions shall be construed in accordance with the
laws of India and in case of any dispute or other matter arising in
reference to the Contest and/or Prize and/or the Contest shall be
referred to a sole arbitrator appointed by SIPL and shall be governed
by the Arbitration and Conciliation Act, 1996, amended from time to
time. The venue for arbitration shall be Kochi (India), and shall be
conducted in English language. All the costs, charges and expenses in
connection to the Arbitration shall be solely borne by the
Participant(s)/Winner(s) who has raised the dispute.
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Subject to the provision of 35 above, the Courts having jurisdiction
under the provisions of the Arbitration and Conciliation Act, 1996, to
determine all matters which the Court is entitled to determine under
the Act, including, without limitation, provision of interim reliefs
under the provisions of Section 9 of the Arbitration and Conciliation
Act, 1996, shall exclusively be the courts of Kochi, India.