DISNEY+HOTSTAR BUMPERPLAY

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 “DISNEY+HOTSTAR BUMPERPLAY” (‘Contest’) which will be hosted by Novi Digital Entertainment Private Limited (“Novi”) for the purpose of promotion of the Disney+ Hotstar Subscription(s).

Game Format

1. The Contest will be made available every day on the Disney+Hotstar App during Indian Premier League 2020 (“IPL 2020”) between October 26, 2020 till November 02, 2020 or such other day as may be decided by Novi at its sole discretion (“Contest Period”).

2. Each day (i.e. during the stipulated time from 18:00:00 hours to 23:59:59 hours on single match days and on double header days from 14:00 hours to 23:59:59) during the Contest Period shall be called a “Contest Day” and there will be 1 Winner for each Contest Day.

3. To be eligible to participate in the Content, Participant must subscribe to an annual subscription (by paying the entire subscription fee) of the Disney+Hotstar subscription (i.e. either Disney+ Hotstar VIP or Disney+ Hotstar Premium) through the Disney+ Hotstar android app, iOS app, Disney+Hotstar browser ("Subscription”) during the stipulated time in the Contest Day during the Contest Period and answer a skill based question. It is clarified that users/participants who acquire the Disney+Hotstar subscription(s) through any of our own and/or partner promotions, offers, bundling offers etc. will not be eligible to participate in this Contest.

4. Participants who take the Subscription during the stipulated time on a particular Contest Day, shall be entitled to make an Entry (defined below) into a draw for INR 10,00,000 (Rupees Ten lakhs only) (“Prize”) for that particular Contest Day.

5. In order to stand a chance to win the Prize, the Participants must meet the following eligibility criteria (hereinafter “Eligible Participants”):

1. The Participant should be an Indian resident and of age 18 years or above;

2. 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;

3. He/She should have made the payment for the entire subscription fee for the Subscription, as may be fixed by Novi from time to time;

4. He/She should have subscribed to the Subscription on a Contest Day between 18:00:00 hours to 23:59:59 hours on single match days and on double header days from 14:00:00 hours to 23:59:59 hours;

5. Participants who subscribe to the Subscriptions in the manner laid out above in this 5 (c) and 5(d), will be informed by Novi by means of text message including a link (“Form Link”) using the contact details provided by the Participant during subscription. Such Participants will be required to access the Form Link and provide the details required therein within the defined timelines (as may be set and communicated by Novi) to participate in the lucky draw for the Prize.

6. On Form Link, the Participants knowledge about the game of cricket will be tested and he/she will be required to provide the correct response to a trivia question with 3 answer options within a certain specified period of time, as may be decided by Novi (“Stipulated Time”). The Form Link will specify the Stipulated Time for submission of the same. The Participant may also be required to submit details such as their name, mobile number, birthdate, e-mail address (“Personal Information”) to be eligible for the draw for the Prize and the Participant should enter the same mobile number and e-mail ID as his/her Subscription ID.

6. The Participant must qualify as an Eligible Participant to be considered to have made a complete and valid entry for this Contest (“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 if the Participant(s) has not subscribed to the Subscriptions or provides an incorrect answer(s) through the Form Link, then his/her Entry shall be considered incomplete and the Participant(s) shall not be eligible for the Prize. Entry(s) received by Novi after the Stipulated Time will not be considered and shall be deemed null and void without requirement of any further intimation by Novi. For purposes of this Contest, “receipt” of answer(s) of the question occurs when the survey form operator records the answer information upon the Participant(s) sending providing the answer to the Question on the form and the Participant (s) receiving a thank you message stating “Thank you for participating in the contest. We will announce the winners soon! Till then enjoy Dream11 IPL, Hotstar Specials and first day first show of blockbuster Bollywood movies on Disney+ Hotstar VIP and Disney+ Hotstar Premium”. 

7. To participate in the Contest, the Participant will be required to disclose his/ her Personal Information to Novi from time to time and hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Novi, its affiliates, and designated third parties in accordance with the terms of Novi’s data privacy policy which is accessible at https://www.hotstar.com/in/privacy-policy (collectively, “Privacy Policy”) on the Novi website and/or app (‘Website’).

8. 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 Novi as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). The decisions of Novi for all matters relating to the Contest, including Contest rules, winner determination process etc., shall be final and binding in all respects. Novi is empowered to take a decision on any case not covered by the present Terms and Conditions. Novi reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant/ Winner. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on the Website, unless otherwise mentioned. The Participants are encouraged to re-visit 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.

Prize Fulfilment

1. Novi, at its sole discretion shall select one Eligible Participant by a process of random selection, to win the Prize. Novi shall elect one winner for every Contest Day during the Contest Period, subject to verification of the Winner Documents (“Winner”). A Participant who has won a Prize for a particular Contest Day during the IPL 2020 season (whether claimed or not) will not be eligible for winning and/or claiming the Prize for the rest of the Contest Day(s) during the IPL 2020 season. If the said person is not 18 years of age as on the date of filling in the form, then the parent’s or guardian’s details shall be entered in the link. Please note, Novi shall assume a deemed acceptance of the Rules and Regulations by the Parent and/or Guardian of the Participant in such cases.

2. Winner selection, announcement of Winners and Prize fulfilment is subject to an independent third-party validation. Participants who have won a Prize, will be informed by Novi by means of email, text message or call using the contact details provided by the Participant during subscription within 30 (thirty) business days of the completion of the Contest. The Participant shall be eligible to claim Prize (s) only upon receipt of such official communication through the Disney+Hotstar App. Novi may also display the names of the Participants who stand a chance to with the Prize on their social media page, social feed or any other web page, at its own discretion.

3. The Prize Winner shall be contacted by a Disney+Hotstar representative for verification and completion of the Prize fulfilment process. Novi will make five call attempts per day for five working days on the submitted mobile number. The Prize Winner will be contacted within reasonable time of submitting the form, between 9 am to 9 pm. Novi will not contact on any number other than an Indian mobile number. Novi is not responsible to validate correctness of the mobile number provided by the Eligible Participant. Novi will also display the name(s) of the Winner(s) on any or all of their social media page, social feed, web page etc.

4. Novi may require the Winner to submit necessary documentation to provide his/her eligibility and/or to verify Winner’s identify. These document inter alia may include documents : (a) confirming the legal name - e.g. a passport copy, voter's Identity Card etc. ; (b) address proof - e.g. a telephone bill, electricity bill, etc; (c) a valid PAN card, for applicable tax compliances (“Winner’s Documents). The Winner’s shall be required to submit the Winner’s Documents to Novi within 24 hours from the date of the communication received from Novi by the Winners. In the event, any Winner(s) fails to submit the Winner’s Documents his/her participation shall be invalidated and Novi shall forfeit his/her chance to win the Prize.

5. The mode of delivery of the Prize will be at the discretion of Novi

6. Novi reserves the right at its discretion to forfeit a Prize Winner’s eligibility to win a Prize in the following indicative scenarios and the Prize for the particular Contest day will be considered forfeited:

a. Not meeting the criteria set out above for Eligible Participants;

b. Failure to provide any documentation, proof or requested information, within the timelines set by Novi;

c. Any false/incorrect/misleading information provided by the Eligible Participant;

d. Any discrepancy is identified on review including but not limited to PAN not belonging to said Eligible Participant;

e. Failure to successfully contact the said Participant on the furnished contact details as per defined process;

f. Non-compliance with tax (direct and indirect) compliances required to claim the Prize;

g. Failure to collect / claim the Prizes as per defined process and any other event not listed above;

h. Any Participant who breaches or is suspected to be in breach of the Terms and Conditions or any applicable law or if he/she is found to be misusing the Disney+Hotstar App or are engaged in illegal or fraudulent use of Disney+Hotstar App in any manner

General Rules

1. This Contest is meant for marketing purposes only and is not a bet, award or challenge and is a pure game of skill.

2. Save and except the Prize stated hereinabove, the Participant(s)/ Winner shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Stipulated Time on the Contest Day during the Contest Period will not be considered for the Contest and shall be deemed null and void. All Prize(s) are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). It is clarified that all taxes in relation to Prize and all costs of courier incurred for the dispatch of the Prize shall be borne solely by Novi. 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.

3. By entering the Contest, each Participant(s)/ Winner acknowledges and agrees that 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, notwithstanding the foregoing, under no circumstances will Novi and/or Novi 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.

4. 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 Contest. 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.

5. For purposes of the Terms and Conditions, “receipt” of an Entry occurs as mentioned in this Terms and Conditions. Any automated receipt confirmation, other than that defined in these Terms and Conditions, does not constitute proof of actual receipt. The Participant(s) agree and confirm that Novi shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website / telecom operator server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Novi and/or its affiliates. Novi shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Novi shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Novi. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information

6. In case of any telecom and /or network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or providing the Entry and/or for any reasons whatsoever, Novi reserves the right at its sole discretion to change the Contest mechanism for submitting the Entry and /or cease from accepting Entry of the Participant(s)/ Winner(s) during the Contest Period in any manner it deems fit and necessary. In addition Novi 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 / close or default / failure/ any other difficulties of such nature due to which the Participant(s) is unable to participate or record his/her Entry due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of Novi. There could be additional situations/conditions, beyond Novi’s control, wherein the Participant may lose an opportunity to answer the question or not receive the SMS with the Form Link. Under all such scenarios, Novi will not be liable in any manner for such interruption and/or any lost opportunity to answer any of the questions, 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 through phone number and/or any other force majeure conditions.

7. 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, Novi, 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 Program and/or any material submitted forming part of the Entry 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. Further, You hereby agree to indemnify and hold harmless Novi and its affiliates, Novi’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee ,assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Entry by Novi or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of Novi (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Entry or submission of the Entry by You to Novi and/or possible acceptance of the Entry by Novi (v) if any representation, warranty or Personal Information made by You turns to be untrue, false and in accurate; and (vi) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner and/or the material submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Novi may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Novi for any such costs and penalties incurred thereof or such other indemnity in the amount thereof. Without prejudice to the foregoing, in any case Novi entire liability to You under this Contest Terms and Conditions shall not exceed the total monetary value of INR 100 (Rupees one hundred only).

8. 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 Novi 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 Novi 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 Novi or any related series of sound recordings and video recordings which have been shot during the designated match 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 Novi 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 Novi worldwide in perpetuity and Novi 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 further agrees and undertakes to execute on his / her behalf as well as on behalf necessary documentary as may be required by Novi in respect of the exploitation and use of such footages.

9. Neither Novi nor its employees have given a guarantee regarding the quality of the Prize and the Winner(s) agree not to hold Novi and its employees, responsible with regards thereof. It is clarified that Novi 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.

10. Novi will not be responsible nor shall be held liable for defect 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 Novi and/or their employees, responsible for delays or any problems in connection to the Prize.

11. The Participant(s) acknowledges that in case the performance of this Contest and/or availing the Prize cannot be fulfilled due to war, industrial action, pandemic, 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 Novi 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. The Participant(s)/Winner(s) shall at all times comply with the laws of India, including any anti-bribery laws, trade and sanctions laws.

12. 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 Novi and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, 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. Subject to the provision 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 at Mumbai, India