BIGG BOSS ULTIMATE
VOTING TERMS AND CONDITIONS
These Terms and Conditions (defined below) shall be
binding on each Viewer (defined below), in the territory of India (“Territory”) who voluntarily desires to participate in the Voting
Mechanism (as defined hereunder) of the Program (defined below), for the Shortlisted Participants (as
defined below) competing in the program titled “Bigg Boss
Ultimate’’ (“Program”) which is being exploited on “Disney+ Hotstar” (hereinafter referred to as
“Platform”), being a platformowned and
operated by Novi Digital Entertainment Private Limited (“Novi”).
The following voting terms and conditions (“Terms and Conditions / Voting Rules”) govern the entire
process of Voting Mechanism as detailed herein for participation in the Voting Mechanism and shall be
binding on each Viewer. “Viewer” shall mean a participant in the Voting Mechanism,
who resides in India, is a citizen of India, is physically present and located in India, and who is of 18
years or above as on January 30, 2022.
The Terms and Conditions of and in relation to the Voting Mechanism as stated
herein, are an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules
thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as
amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
These Terms and Conditions are irrevocably binding on each Viewer
who voluntarily participate in the Voting Mechanism.
The Viewer also agrees that the Platform’s Terms of Use available at https://www.hotstar.com/in/terms-of-use (“Terms of Use”) shall apply
in relation to his/her registration, participation and/or use of the Platform. The privacy policy available
at https://www.hotstar.com/in/privacy-policy (“Privacy Policy”), which is deemed accepted and agreed to by every Viewer, by
agreeing to participate in the Voting Mechanism, shall govern all usage of any Personal Information (as
defined in the Privacy Policy available at the aforementioned link) 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
gathered by Novi under or pursuant to the Voting Mechanism. Novi will have access to and collect information and data shared by the Viewer including the
Viewer’s personal information such as email address, mobile number and/or any information in relation
to the participation of the Viewer(s) in the Voting Mechanism gathered under or pursuant to this voting
process by Novi (if any) (“Data”). By voting,
the Viewer(s) consents to the collection, receipt, storage, processing, disclosure, transfer, use, retention
and sharing of the Data by Novi, its affiliates, and designated third parties in accordance with the terms
of its Privacy Policy.
The Voting Mechanism shall be governed by the Principal Rules and General
Rules as stated herein below and by agreeing to participate in the Voting Mechanism, Viewers shall be deemed
to have unconditionally accepted and agreed to comply with and abide by the same prior to participating in
the Voting Mechanism. If the Viewer does not agree to be bound or cannot comply with any of these Terms and
Conditions and/or the Policies (defined below), then the Viewer should refrain from continuing with and/or
participating in the Voting Mechanism. The act of voting and/or participating in the Voting Mechanism
as detailed below shall be deemed to be the Viewer’s absolute agreement to the Terms and Conditions
contained herein, Terms of Use, and Privacy Policy (collectively, “Policies”) of Novi as prescribed from time to time.. These Policies may be amended by Novi at any time without prior
notice to the Viewer.
These Terms and Conditions, contained herein shall subsist until the first
telecast of the last episode of the Program and /or any such extended duration as may be deemed fit by Novi
and hence, save and except terms that are indented to survive these Terms and Conditions, all other terms of
these Terms and Conditions shall continue to apply to all Viewers in relation to any participation in the
Voting Mechanism, till such time.
PRINCIPAL RULES:
The following are the Principal Rules for Voting Mechanism for the Program on
the Platform:
- The Program is a reality show where individuals/housemates
(“Participants”) staying in the Bigg Boss
House will nominate housemates for eviction from the Program at intervals decided by Novi
(“Shortlisted Participant”). During the Program, the Viewers will be asked
to cast their vote for the Shortlisted Participant whom they want to save from being evicted from the
Program. The Viewer shall cast multiple votes (subject to maximum votes allowed per Voting Mechanism as
detailed below) for different Shortlisted Participants. The Shortlisted Participant who gains the
minimum votes from the Viewers, will be eliminated from the Program.
- Further, Novi and/or the Platform shall be entitled to,
at its discretion at any time, re-introduce the eliminated Participant(s) or introduce fresh
individuals/participants to participate in the Program (“Wild Card
Entries”).
- In the event any of the Participants are unable to participate
and/or unable to appear and/or withdraw their participation, for any reasons whatsoever, Novi and/or the
Platform reserve the right to replace such Participant(s) with previously eliminated participants or
replace such housemate with any other new participants and such decision shall be final and binding on
all the Viewer(s). Novi and/or the Platform shall not entertain any complaints or queries related to it.
- The Voting Mechanism (as detailed in clause 8 of Principal
Rules) will open and end for the period tabulated in clause 11 below of Principal Rules
(“Period”) in the Territory as mentioned
herein. During the Period, the Viewers in the Territory can vote for their favorite Shortlisted
Participant, as per the Voting Mechanism detailed below. Novi and/or the Platform shall in its
discretion be entitled to close the Voting Mechanism for specified Voting Cycles (defined below) during
the Period. Novi may at any time, in its discretion, increase or decrease the Period for voting without
any prior notice and liability whatsoever.
- The Program will be published on the Platform from
30th January 2022 onwards or such other dates
as required by Novi from time to time. It shall be each Viewer’s sole responsibility to
periodically check for any update(s) or modification(s) to the timings and dates for publishing of the
Program, and/or, for other changes to the Voting Mechanism and/or other details pertaining to the
voting.
- The votes, for each episode/day (“Episode/Day”), should be sent only during the
timelines specified hereunder and any votes sent after the Voting Cycle (as set out below) for the
applicable Episode, shall not be considered and shall be deemed null and void.
- To participate in the voting, the Viewers must watch/are deemed to
have watched the Episodes of the Program on the Platform every day. The Viewers by participating in the
Voting Mechanism will get an opportunity to cast their votes for any Shortlisted Participant of that
Episode(s) of the Program.
- The Viewers interested in voting can participate only by logging in
to the Disney+ Hotstar application in Android/IOS devices, visiting the ‘Bigg Boss Ultimate’
page and click on the Vote now button as more fully described in clause 10 of Principal Rules
(“Voting Mechanism”). It is clarified
that Novi can amend, add or modify or dismiss the Voting Mechanism at its sole discretion.
- A Viewer interested to cast his/her vote, by using the Voting
Mechanism, will be subject to the following mechanism:
- The Voting Mechanism shall only be available on the Platform
through the ‘Disney+ Hotstar’ on Android and iOS devices (“App”) and not on or through the website www.hotstar.com or any other living room device.
- The Viewer will have to download the App (if not already available
on the device), login to their account on the updated App visit the ‘Bigg Boss Ultimate’
page and click on the Vote now button for casting his/her vote through this Voting Mechanism. Viewers
are advised to check for updates of the App from time-to-time. Viewers shall be using their login IDs
for registering on the Platform at their own risk. Any failure or usage of domain page by any
unauthorized party, will not be considered by Novi to allow a Viewer to vote again or withdraw any vote
and Novi shall not entertain any queries in that regard.
- The Bigg Boss Ultimate page will list the names of the Shortlisted
Participant in a particular Voting Cycle.
- The Viewer has to cast his/her vote for their desired Shortlisted
Participant’s against his / her name/emoji to save him/her from eviction.
- Upon completion of the voting, the Viewer may click on done to close
the voting page/sheet on the App.
- In case of any technical issue because of which Novi feels that
there is an unfair advantage / disadvantage to any one or more Shortlisted Participants, or in cases or
any technical issues due to which the votes that have been captured are incomplete or unavailable, Novi
shall decide on the course of action in interest of the Program (including capping of votes based on
other parameters) and proceed. No questions shall be entertained in this regard by Novi.
- Only a maximum of 10 (ten) votes per day per device, per
corresponding Voting Cycle will be allowed through the Viewer’s Android and /or IOS Device and/or
any operational devices for a particular Shortlisted Participant.
- The Viewer will not be charged in the Voting Mechanism to cast the
vote, however, there may be cost levied to the Viewer, at the applicable rate, by the network provider
for using internet connection which should be verified by the Viewer at his/her sole responsibility. In
case of casting vote while roaming in different circle/zone, additional roaming rates for browsing of
the internet may be applicable. Novi or the Platform shall not be responsible for any such charges
incurred by the Viewer and all charges for browsing/using internet to cast such vote shall be borne
solely by the Viewer.
- All votes will be validated by an independent third party. The
following approach will be followed in the event of any discrepancy in vote count:
- in so far as there is no difference in the ranks of
participants, the ranks computed shall be considered;
- where a difference in ranks is noted, vote count sheets for
impacted participants will be analyzed, and unique and valid votes which were not considered by
Novi/independent third party will be adjusted, as required to determine the final rank.
- In the Voting Mechanism, the Viewer should cast his/her votes for a
particular Shortlisted Participant, for the respective Episodes of the Program, during a particular
Voting Cycle (as defined below) and any vote cast after the Voting Cycle shall neither be considered as
vote(s) for that Episode nor for the next Voting Cycle. The voting cycle for each Episode shall commence
from the Start time and end on the voting End Time (“Voting Cycle”)
as detailed below, on the start date as mentioned on the Channel:
|
|
|
Voting Start Time
|
Voting End Time
|
No. of votes per Voting Cycle per login
|
Monday
|
10.00 PM
|
Monday
|
11:59 PM
|
10
|
Tuesday
|
12:00 AM
|
Tuesday
|
11:59 PM
|
10
|
Wednesday
|
12:00 AM
|
Wednesday
|
11:59 PM
|
10
|
Thursday
|
12:00 AM
|
Thursday
|
11:59 PM
|
10
|
Friday
|
12:00 AM
|
Friday
|
11:59 PM
|
10
|
NOTE:
Only a Maximum of 10 votes will be allowed per day per login, per Voting Cycle.
Any number of votes cast including during the Voting Cycle, exceeding the limit mentioned hereinabove, will
not be valid and shall be rendered null and void.
- Votes sent after the Period and/or after the applicable Voting Cycle
as tabulated in clause 11 of Principal Rules, will not be considered valid and shall be deemed null and
void without requirement of any further intimation by Novi or the Platform. Novi/Platform reserves the
right to alter/modify/ reduce or increase the duration of the Voting Cycle as and when it desires
without any further liability or notice to any person.
- Every week, the Shortlisted Participant with the lowest number of
votes will get eliminated from the Program and other remaining Participants will be eligible to continue
in the house, in accordance with the format of the Program. It is further clarified that the elimination
is purely based on the cumulative of votes received through the Voting Mechanism, as set out herein. In
no event, shall the Participants, the Shortlisted Participants, or the Viewer(s) dispute the decision
made by Novi and/or the Platform or make any claims in this respect in regard to any aspect of the
Program and/or the Voting Mechanism including the Terms and Conditions, the format of the Program,
selection of the Shortlisted Participants, the Shortlisted Participant being evicted on the basis of the
votes received, or any remaining Participants surviving the elimination.
- Novi and/or the Platform reserve the right to modify the format of
the Program, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at
its discretion, during the Period. It shall be the sole responsibility of the Viewer(s) to read the
Voting Rules from time to time available on the Terms of Use. It is further clarified that in case of
final scores (i.e., votes received as per the
Voting Mechanism) being tied for two (2) or more Participant(s), the decision of Novi and/or the
Platform shall be final and binding on the Viewer(s) and the same shall not be disputed and/or
challenged in a court of law, to the extent permissible under law. Without limiting the foregoing, under no circumstances will
Novi, Platform, its assigns and/or affiliates be liable for any consequential, indirect, special,
punitive, or incidental damages or lost profits, arising in any way whether in contract, tort (including
negligence) or otherwise. The Viewer specifically waives his/her right to seek injunctive relief against
Novi, the Platform, its assigns and/or any of their affiliates or any entity in relation to the Program,
and/or the Voting Mechanism, to the maximum extent permitted by law.
- The details of the Voting Mechanism will be announced during the
Program on the Platform.
- The Viewer(s) can cast their votes for only those Shortlisted
Participant(s) of the Program who have participated in that particular Day/Episode. Any votes sent by
the Viewers for the Shortlisted Participants who were not a part of that particular Day/Episode due to
elimination or not shortlisted for any other reason whatsoever, shall not be considered valid and shall
be null and void. Further, any votes cast before or after the Voting Cycle mentioned in the
‘Voting Mechanism’ shall not be considered valid and will not be counted.
- The voting is merely to enable the Viewers to choose
their favorite Participant or to vote for the performance of a particular Shortlisted Participant that
they have liked. No winners will be declared and/or prizes distributed for the Viewers participating in
the Voting Mechanism. Each Viewer participating in the Voting Mechanism agrees and acknowledges that
he/she shall not be entitled to any gratification of any nature whatsoever. Viewers shall not be
entitled to make any claims in respect of any compensation or gratification whether monetary or
otherwise against the Novi, the Platform and/or the Program or entity in relation thereto.
- The elimination of the Shortlisted Participant by the Voting
Mechanism and/or the decisions made by Novi and/or the Platform in any aspect of the Program/Voting
Mechanism shall be final and binding on all the Viewers and in no event, shall the Viewers dispute the
decision made by Novi, Platform and/or its employees/representatives in connection to the same.
GENERAL RULES
- The Viewer by way of voluntarily participation in the Voting,
represents and warrants that he/she has read these Terms and Conditions and that he/she is 18 years old
or above. The Viewer further represents and warrants that (i) he/she is not restricted from or under any
disability, whether legal, contractual or otherwise which may restrain/prevent him/her from
participating in the Voting Mechanism; and (ii) he/she shall comply with the applicable laws and these
Terms and Conditions and the Policies. Failure of any Viewer to comply with the Terms and Conditions
and/or the Policies will disqualify such Viewer from participating in the Voting Mechanism and/or render
the vote cast by such Viewer null and void.
- Proof of age, if requested, of the Viewer(s) must be submitted to
Novi as may be required by Novi to confirm the eligibility of the Viewer(s).
- Novi and/or the Platform reserves all rights to make amendments to
the existing Terms and Conditions, and/or withdraw, change, alter, amend the Voting Mechanism, process
of elimination including any Shortlisted Participants for a Voting Cycle, the schedule of the Episodes
of the Program and/or, Participants of the Program and/or any other details of the Program, Terms and
Conditions, Period and/or Program etc., at any time, without any prior notice to the Viewer. It is
deemed by agreeing to participate in the voting, the Viewer has verified and agreed to the Terms of
Use.
- Novi reserves the right to cancel, reschedule, and/or postpone the
Program and/or the Voting Mechanism for any or all Episodes without assigning any reasons and/or without
giving any prior intimation or liability to the Viewers or any other person.
- All viewer(s) are advised to remain in areas with strong and
stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting
of vote.
- Viewer(s) agree and acknowledge that there is no prize/gratification
in voting for the Shortlisted Participant as detailed herein. Viewers shall not be entitled to make any
claims in respect of any compensation or gratification whether monetary or otherwise, against the
Platform, Novi and/or the Program.
- The Voting Rules shall be advertised sufficiently across the
App and the Platform’s website to ensure that no Viewer is misled and each Viewer fully
understands the entire process and costs (if applicable) for voting. It is clarified that all costs
towards voting shall be borne by the Viewer solely without any recourse whatsoever to Novi and/or the Platform.
- In case a Viewer(s) is found to be in non-conformance of the
Voting Rules, then Novi will be entitled to at its sole discretion disqualify the Vote(s) received from
that Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible
by law, the same shall not be disputed or challenged.
- Neither Novi nor the Platform or any of its affiliates, licensors,
licensees, assignors and assignees shall be responsible in any manner whatsoever for any acts or
omission of any third party service providers including anynetwork problems, technical failures,
interruptions, disruptions, malfunction, system failure whatsoever and/or the data charges/costs charged
by the network operator(s) and/or any other problems which may occur due to the failure of the Voting
Mechanism or misuse of the Voting Mechanism or any kind of problems in connection thereto. Any dispute
in connection to the same should be settled between the Viewers/subscribers and the operator(s) directly
without involving Novi and/or the Platform in any manner. Notwithstanding anything to the contrary, Novi
and/or the Platform shall in no manner be responsible for the inability, failure of the Viewer to cast
any vote or delay in casting of any vote, for any reasons whatsoever, including without limitation
network failure, technological reasons or any events beyond Novi’s/Platform’s control.
Viewers shall not in any circumstances make any claims and, to the maximum extent permissible under law,
hereby irrevocably and perpetually waive their right to make any claim against Novi, Platform,
their employees, directors and its affiliates 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 in the network
and /or connections or directly or indirectly due to, to their participation or non-participation in the
Voting Mechanism/Program.
- Neither Novi nor the Platform or any of its affiliates shall be
responsible for any unauthorized access to any data of any person including any Viewer and/or for any
compromise on private / confidential user related, or any other data, including but not limiting to user
ids, email address, names, and any other personally identifiable details of the Viewers.
- Without limiting the provisions of clause 2 of these General Terms,
in case of any network failure, technical problem and/or for any reasons whatsoever, Novi reserves the
right to change the Voting Mechanism or any aspect thereof, and/or cease from accepting votes of the
Viewers for any and/or all the Episode(s)/Voting Cycle(s) of the Program, or take such necessary steps
as it may deem fit.
- While all attempts will be made to protect the voting data from loss
and/or corruption, Viewers agree and acknowledge that all systems are prone to failure and/or hacking
attempts. In the event of any data loss, Novi may disqualify all the votes received or conduct a
re-voting or continue with whatever data available in the manner it deems fit, at its sole discretion
without any intimation or liability to any person whatsoever. Novi will not be responsible for any
damage resulting from the loss of votes/data or action taken by Novi on account of the same. Novi will
not be responsible to make good any loss or dissatisfaction suffered by the Viewer on account of such
loss. The Viewer shall not and, to the maximum extent permissible under law, hereby irrevocably and
perpetually waives its right to make any claim, raise any dispute, and/or hold Novi, Platform, its
affiliates liable for any costs, injuries, losses or damages arising out of any unauthorised loss of any
data/votes for any reason whatsoever.
- Novi will not permit or entertain any requests or claims to check /
audit / challenge the counting, mechanism or part thereof, including any rationale or logic behind the
current Voting Mechanism.
- Novi and/or the Platform reserve the right to suspend any of the
Participants in case it has reasonable grounds to conclude that the Participants have been accused of
any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other
reasons which Novi and/or Platform may deem to be tantamount to general misconduct. Such Participants
may be disqualified at any time from the Program irrespective of them being Shortlisted Participants for
the Voting Mechanism or not.
- Warranty Disclaimer: The Viewer(s) agree
that their participation in the Voting Mechanism is at their own risk. To the fullest extent permitted
by law, Novi, Platform, its affiliates, and each of their respective officers, directors, employees,
third party service providers, and agents disclaim all warranties, express or implied, in connection
with the Voting Mechanism, including warranties in respect of fitness for purpose.
- The Viewer(s) agrees that he/she shall hold harmless and hereby
irrevocably and unconditionally releases the Platform, Novi, its employees, officers or any other person
or entity connected with the Program, the Voting Mechanism, in relation to any injury/damage/harm/loss
suffered by him/her, in any manner, whatsoever in connection with the Voting Mechanism or any aspect of
these Terms and Conditions, and, without prejudice to the foregoing, to the maximum extent permissible
under law, expressly agrees to not file in person/ through any family member and/or any third party any
applications, criminal and/or civil proceedings in any courts or forum anywhere in the world against any
sponsor of the Program, and/or the Platform and/or Novi, or any of their employees, representatives, any
person or entity connected with the Voting Mechanism or the Program, to claim any damages or
reliefs’ or otherwise. If the Viewer(s) is found to be ineligible, or if they have not complied
with these Terms and Conditions, the corresponding votes will be disqualified.
- The Platform and/or Novi is in no manner whatsoever responsible
and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to
any person, including the Viewer/voter in any manner whatsoever, in connection to the Program, Voting
Mechanism and/or any aspect related thereto.
- Novi and/or the Platform reserves the right to disregard the vote(s)
in the event Novi /Platform observes any irregularity in the voting pattern of the vote(s) sent by the
Viewer(s) and/or if Novi /Platform in its knowledge has reason to believe that any Viewer(s) has acted
in a fraudulent manner and/or engaged in any deceitful activity in sending the said vote(s). Novi and/or
the Platform has the right to substitute an alternative voting method at its sole and absolute
discretion.
- The elimination of the Participant(s) and/or any other
decision(s) made by the Platform and/or Novi regarding the Program and the Voting Mechanism shall
be final and binding on all the Viewers and in no event, shall the Viewer(s) dispute the decision made
by Novi, Platform and/or its employees/representatives in connection to the Program, the Shortlisted
Participants, the Participants, the Voting Mechanism, or any part thereof.
- Other third party websites may provide information in relation to
the voting process, timelines or any other information which may appear relevant to the Program,
however, the content on such websites is not subject to the control of Novi, and the owners of such
third party websites, may be independent from Novi. Novi does not endorse or accept any responsibility
for their content and casting of votes (if any) by the Viewers basis such information.
- Viewer(s) shall not attempt to transmit any unauthorised content
including but not limited to services, products, surveys, contests, pyramid schemes, spam, unsolicited
advertising or promotional materials, and/or chain letters. Viewers shall not in any manner transmit or
attempt to transmit any content that is blasphemous, indecent, immoral, abusive, offensive, against the
applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, harassing,
defamatory, obscene, pornographic, paedophilic, libellous, 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; harms minors in any way; infringes any patent,
trademark, copyright or other proprietary rights; or violates any law for the time being in force;
deceives or misleads the addressee about the origin of such material or messages or communicates any
information which is grossly offensive or menacing in nature; impersonates 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, defence, 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.
- By voting and/or proceeding to participate in the Voting Mechanism
it is deemed that the Viewers have read, understood, accepted and unconditionally and irrevocably agreed
to abide with all the Terms and Conditions of the Voting Mechanism and other Policies.
- The Viewer(s) agrees and acknowledges that nothing contained herein
or otherwise, imposes an obligation on Novi and/or the Platform to exploit/publish the Program or run
the Voting Mechanism.
- By participating in the Voting Mechanism, each Viewer acknowledges
and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection
with these Terms and Conditions, 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 participating in the Voting Mechanism (if any).
- Each Viewer hereby acknowledges and agrees that the relationship
between the Viewer and Novi, Platform, and its/their affiliated companies is not a confidential,
fiduciary, or other special relationship.
- Each Viewer acknowledges that in case the performance of the Voting
Mechanism and/or any provisions of these Terms and Conditions cannot be fulfilled due to war, industrial
action, flood or any Act of God or any reasons beyond the control of Novi or the Platform, 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 seven (7) days or more, then Novi shall
be at liberty upon its sole discretion to terminate the Voting Mechanism forthwith without any
intimation or liability to any person, and such decision shall be final and binding.
- In case any portion/clause of these Terms and Conditions are deemed
invalid or becomes unenforceable or prohibited by the law of the country or any order of a court or
judicial/regulatory authority, such portions shall be considered divisible, and the remainder of these
Terms and Conditions shall be valid and binding and of like effect as though such provision were not
included herein.
- Notwithstanding anything to the contrary, Novi and/or the Platform
makes no representation and/or warranty regarding the Program, the Voting Mechanism, and hereby
expressly disclaims all representations and warranties, expressed or implied including warranties of
fitness for a purpose.
- The Viewer(s) agree that the Viewer shall have no right and to the
maximum extent permitted by law hereby expressly, perpetually, and irrevocably waives any right to
restrain or injunct or enjoin, or attempt to restrain or injunct or enjoin, the development, production
or exploitation of the Program and/or the continuance of the Voting Mechanism.
- These Terms and Conditions, and the Policies, shall constitute the
entire agreement between Novi, and each Viewer with respect to the subject matter contained herein,
superseding any prior agreements between Novi and the Viewers regarding the same. The Viewer
acknowledges that the representations, warranties, indemnities, governing law, dispute resolution,
warranty disclaimer, exclusion of damages, and all waivers by the Viewer, shall survive the efflux of
time.
- The Viewer(s) shall comply with the laws of India.
- All and any costs direct and/or indirect, in relation to the
participation in the Voting Mechanism, shall be borne by the Viewer and in no manner whatsoever shall
Novi and/or the Platform, be responsible or liable for the same. The Viewer hereby agrees to indemnify
Novi, the Platform, its officers, directors, representatives, and employees, from and against any claims
that may arise from their acts or omissions while participating in the Voting Mechanism.
- These Terms and Conditions shall be construed in accordance with the
laws of India, notwithstanding the conflict of laws principle, and any dispute or any other matter
arising in reference to any aspect of these Terms and Conditions including the Voting Mechanism, shall
be subject to the exclusive jurisdiction of the Courts in Chennai and Mumbai.
- Viewer(s) hereby acknowledge that he/she/they have fully read and
understood these Voting Rules voluntarily, without coercion or any undue influence of any kind
whatsoever on the part of Novi and with complete understanding of all of the terms and conditions
contained herein and agree to the contents of these Voting Rules. Any queries in relation to these
Voting Rules may be sent to hello@hotstar.com. Novi shall endeavour
to reply to the same within a reasonable time.