Document

Disney+ Hotstar Premium – Route to WandaVision Finale

Terms & Conditions

Please read the following Terms and Conditions very carefully before entering this contest ‘Disney+ Hotstar Premium Route to WandaVision Finale’(“Contest”) conducted by Novi Digital Entertainment Private Limited (‘Novi/Us/ We’). By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your participation in this Contest to be held on the official Instagram handle at the following https://www.instagram.com/disneyplushotstarpremium/ (collectively referred to as “Handle”) from, March 1^st 2021 at 3:00 PM to March 4th 2021 at 11:59 PM (“Contest Period/Period”), organized and conducted by Novi wherein Novi shall be posting a question of skill on its Handle in relation to the webseries ‘WandaVision’(“Post”) . You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Novi for all matters relating to your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Contest. You hereby agree and understand that Novi will have access to and collect information and data shared by the Participant. (including Personal Information (as defined below)) 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”). Where we refer to “Personal Information” we mean any information related to a particular individual who we identify (whether directly or indirectly) a particular individual or natural person. This includes direct identifiers such as Your name, postal address, email address, and mobile number, and also includes all other information which is linked to that information such as your location.

By participating in this Contest and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content (as defined below). Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Novi for all matters relating to Your participation shall be final and binding in all respects. The Contest shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Contest in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Novi as prescribed from time to time.

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content:

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Contest and not barred by law;

iii. The Contest entries should be submitted during the Contest Period as comments below the Post posted by the Handle on Instagram.

iv. The Participants must follow the Handle to be eligible to win.

v. While submitting the Content, Participants must tag valid Instagram handles of 2 (two) friends and add #WandaVision (“Hashtag”) in the comment

vi. The Participants must have an open profile for Novi to review the entries

viii. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Novi to develop on the Content;

v. The Participant should have proof of age and educational qualification when requested by Novi and must be mandatorily submitted by the Participant, to Novi such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Novi to confirm the eligibility of the Participant;

vi. The Participant should abide by all the applicable laws at all times.

vii. Employees, affiliates, directors and representatives of Novi and their immediate family member(s) are not eligible to participate in this Contest.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. Novi reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Novi reserves the sole right to disqualify and reject the Content and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.2. Qualification and parameters of Content: Novi invites all the interested Participants to answer the question given in the Post correctly in the comments section of the Handle, follow the handle, tag valid Instagram handles of 2 (two) friends and add the Hashtag in line with the process (below), hereinafter referred to as “Content”.

Process to enter the Contest:

a) Instagram

Step 1: Follow Novi’s official Handle on Instagram - @disneyplushotstarpremium available at https://www.instagram.com/disneyplushotstarpremium/

Step 2: Add a comment below the Post with the correct answer of the question from the options, tag valid Instagram handles of 2 (two) friends who should also be following Novi’s official Handle on Instagram - @disneyplushotstarpremium

1.3 Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Contest; Participant has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Novi and /or any of its employees /directors /representatives; Content will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights; Participant must not be in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below;

You hereby understand and agree that Novi, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement.

2. Contest Mechanism:

Stage 1. Submission: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1 above, the Participant may submit the Content on the Handle. Participant(s) must enter the Contest on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one Handle and/or from more than one account of Instagram, Novi reserves the right to disqualify such Participant(s) from the Contest.

Stage 2. Internal Review: After receiving Your submission of the Contest, Novi will internally review the Content during the Contest Period, or such other time period that Novi may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all entry/ies received on the Handle within the Contest Period, Participants whose Content are valid and compliant with the aforesaid parameters shall be shortlisted (“Shortlisted Participant(s)”) and using a randomizer 1 winner for each question (“Winners”) shall be selected. Such Participant(s) from the Shortlisted Participant(s) who fulfil all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Novi shall be entitled to win the Prize.

The Winners will be announced/declared by Novi on the Handle at the end of the Contest Period. The Winners shall contact Novi through ‘direct messaging’ on Instagram and provide their name, age, email id, phone number and address (“Contact Details”) to the Novi handles within 12 hours of such winner announcement. In the event any Winner(s) fails to contact Novi and submit their details their entry shall be invalidated. Upon receipt of the Contact Details, Novi shall contact the Winners via email to svodmarketing@hotstar.com and may require them to submit (including but not limited to) scanned copies of any one of the below (“Documents”), if required:-

For Legal Name

1) Passport copy

2) Voter's Identity Card

3) Identity card (Govt. Bodies) – Aadhar card.

Supporting for Address proof (Any One)

1) Telephone bill

2) Electricity bill

3) Aadhar Card copy

within 24 (twenty four) hours of such email. In the event, any Winner(s) fails to submit the Documents his/her participation shall be invalidated and Novi shall forfeit his/her chance to win the Prize. It is clarified that Novi shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Upon receipt of the Contact Details of the Winners, Novi shall make only one (1) attempt to reach the Winners after the Contest Period, not later than forty five (45) days from the end of the Contest Period. In the event such Winner(s), fail to respond within three (3) days, his/her selection shall be invalidated and stand disqualified and Novi shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, Novi may be free to select any other Shortlisted Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

The Winners hereby acknowledge and undertake to keep all the communications with respect to the Contest entirely confidential.

Stage 4: Winners and Prize

Each of the Winner of the contest shall win:

Wanda Vision Merchandise (“Prize”).

The Prize to be awarded to the Winner shall be decided at the sole discretion of Novi. 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.

Novi shall courier the Prize to Winner to the address (in India only) as provided and confirmed by the Winner through the Contact Details and Documents as submitted by them under the terms of the Contest.

Upon dispatch of the Prize, in case during transit, if any loss/damage etc. is caused / incurred, Novi will not be liable for any such loss/damage etc. Novi shall not be responsible if the delivery is not possible due to reasons including but not limited to incorrect address provided by the Participant, package being unclaimed, etc. Further, Novi 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 is unreachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Novi is unable to intimate the Winner.

The Winner agrees and confirms that the Prize so awarded by Novi shall be the sole gratification/ prize pursuant to the Winner participating and winning the Contest, and that the Winner shall not be entitled to any further gratification at any time. It is clarified that the Prize is non-transferable and may not be exchanged for cash. If the Prize is not claimed or otherwise within the stipulated timelines as mentioned under these Terms, the Prize will be forfeited and awarded to an alternate winner(s) unless otherwise stated, at Novi’s sole discretion. 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). In the event the Winners do not accept or agree to the terms as stated herein, the Prize shall remain with Novi, who on its own discretion may offer the same to the next eligible winner. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winner and the Winner cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

Novi shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, Novi reserves the right to add or modify the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner agrees that he/she shall not hold Novi and/or its employees, responsible for delays or any problem in connection to the Prize. Neither Novi nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold Novi, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Novi shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of Novi the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Novi cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Novi, be responsible or liable for the same in any manner whatsoever.

Novi is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, loss, outrage, dissatisfaction, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

Novi reserves the right to forfeit the Prize in the event it is found by Novi that any information including but not limited to the Contact Details and/or Documents provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Novi shall have the right to declare another Participant(s) as the Winner of the Contest and transfer the Prize to that person.

For avoidance of doubt it is clarified that for the purpose of participating in the Contest, the Participant(s) may post as many comments as they desire but only the Content received before the close of the Contest Period shall be considered valid for the Contest. The Participant(s) agrees not to spam and/or post the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

The Participants’ adherence to the eligibility criteria provided hereinabove, posting in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag and/or without tagging valid Instagram handles of 2 (two) friends, or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

The Participant(s) hereby acknowledges and agrees that Novi has the right to shortlist, use, exploit and/or utilize the Content during the Contest Period, as it may deem fit at its sole discretion. Novi has the sole right to withdraw/edit any aspect of the Contest at its discretion and/or alter the terms and conditions without prior notice. In consideration of being giving an opportunity to participate in the Contest, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Novi for Novi’s Exploitation (as defined below The Participant shall be solely responsible to obtain consent(s) from the respective third party(ies) for the individual(s), location(s), event(s), etc. which form part of the Content and Novi shall not be responsible in any manner whatsoever. The Participant(s) agrees and has no objection to Novi’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Novi. Novi reserves the right to deny any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Novi reserves the absolute right and discretion to deny the Participant(s) entry in the Contest, if Novi determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Novi in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Novi. Also for the sake of abundant clarity, at no point in time will Novi be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

3.1. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content submitted by You. Nothing in law, contract or otherwise restricts You from submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;

3.3. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);

3.5. The details and any other information given by You in connection with the Entry and/or submission of the Content is true and accurate and that Novi is not/ shall not be responsible for verifying any information submitted by You;

3.6. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data or information.

3.7. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Novi to criminal or civil claims;

3.8. The Content shall not include any advertisements or solicitation of any business/es;

a. You undertake to ensure that the submission of Content is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Content):that belongs to another person and which You do not have right to;

b. that is grossly harmful, harassing, blasphemous 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;

c. that harm minors in any way;

d. that infringes any patent, trademark, copyright or other proprietary rights;

e. that violates any privacy laws for the time being in force;

f. that violates any law for the time being in force;

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

i. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

j. that 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby 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 Content 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 Content or submission of the Content by You to Novi and/or possible acceptance of the Content 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.

3.10. The Participant(s) and Winners unconditionally and irrevocably release and discharge Novi, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Contest and the Prizes thereof.

4. General Rules:

4.1. You understand that Your submission of Content per se shall not be deemed to constitute acceptance by Novi and nothing herein shall be deemed to impose an obligation on Novi to accept and /or exploit and/or utilize the Content. You recognise that other persons may have submitted to Novi. or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Novi shall have the right to use, independent of You and /or your submission of Content.

4.2. An external third party digital agency may provide MIS/ report of user-wise posts to Novi and Novi will initiate the initial assessment based on the same reports. Novi and/or the said digital agency shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Post/Submit” button. Any automated receipt confirmation 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 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.

4.5. For the purposes of this Contest, by uploading and /or submitting/ his /her Content on the Instagram platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Instagram, as the case may be. It is further clarified that Instagram reserves the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Novi. The Participant hereby agrees that any dispute arising between the Participant and Instagram shall be resolved directly with Instagram, as the case maybe, without any recourse to Novi. For the purposes of this Contest, by uploading and /or submitting/ his /her Content on the Instagram platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Instagram, as the case may be. It is further clarified that Instagram reserves the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Novi. Any Content uploaded on the platform in any other format other than that prescribed by such platform will be deemed invalid and will be disqualified from the Contest without any prior intimation by Novi. Such decision of Novi shall be final and binding on the Participant(s).

4.6. The upload or submission of posts will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using Twitter while roaming in different circle/ zone, additional roaming rates may apply. Novi shall not be responsible for any such charges incurred by the Participant.

4.7. You acknowledge and agree that the posts submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Instagram, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.

4.8. By providing any Personal Information and/or Contact Details to Novi, as part of the Contest, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their likeness or personal information furnished to Novi;

4.9. You agree and understand that Novi reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Contest mechanism of this Contest above without giving prior notice to You. You further understand and undertake the sole responsibility to visit the website from time to time in order to be informed of the latest version of the T&C;

4.10. You agree and understand that the decision of Novi with respect to the Content submitted by You will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Novi;

4.11. 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 of the Content and/or qualification of an Participant (s), Novi not be held liable either directly and/or indirectly and in any event, and the decision of Novi shall be final and binding on You;

4.12. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Novi promptly, as and when called upon, in relation to your participation in this Contest. Novi reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

4.13. You hereby agree and undertake that, Novi in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Contest;

4.14. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

4.15. You acknowledge and agree that Novi shall have no obligation to post, display, or otherwise make publicly available any posts submitted by You.

4.16. Novi 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 Contest is delayed or postponed or cancelled;

4.17. Novi reserves the right to discontinue the Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

4.18. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding Novi shall, at all times, without any restriction/s and/or prior approval/s have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, perpetual, sub licensable license to Novi for use in the entire world in any media deemed fit;

4.19. Novi reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your personal information and/or Content (in part or whole) is not in compliance with the Terms and Conditions herein;

4.20. Novi shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, in the network and/or the cost of the call or internet session charged by the telecom/mobile operator etc. or any other circumstance beyond Novi’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

4.21. Novi shall not be responsible if any Winner is not available at their respective email id or the mobile numbers are unreachable due to any reasons as a result of which, the Winner misses his/her chance to claim the Prize. In this case, the Winner undertakes to not hold Novi responsible for the same;

4.22. Novi shall not be responsible to pay for any cost, expenses(save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Contest and . You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.23. You hereby undertake to hold harmless and indemnify Novi, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive 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 forums in India to claim any damages or reliefs;

4.24. You hereby understand that Novi makes no representation and/or warranties regarding the Contest or any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;

4.25. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Novi, and/or Novi entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Novi entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

4.26. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Novi’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this T & C by You, Novi shall be entitled to any and all remedies in law and/or equity;

4.27. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Novi. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Novi.

4.29. Warranty Disclaimer: You agree that Your use of posting of the Content, and participation in the Contest shall be at Your sole risk. To the fullest extent permitted by law, Novi, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. Novi makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platform including this section, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the social media accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the social media platforms/ Contest section including loss of Content posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

4.30. Novi are 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 in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.

4.31. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate and win Prizes of the Contest is through participation as described in these T&C. Any person claiming that he/she can help You win the Prizes of the Contest for a consideration is defrauding You.

4.32. You undertake that You shall adhere to the policies of Novi as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct, Your attendance may be withdrawn or subject to limitation upon Novi sole discretion.

4.33. You hereby acknowledge that in case any portion/clause of these Terms 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 the consideration, and the remainder of these T & C shall be valid and binding and of like effect as though such provision was not included herein;

4.34. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at Novi in connection with this Contest; and agree to make no public press announcements or information for publication without the explicit approval of Novi.

4.35. You further understand and acknowledge that nothing herein obligates Novi to maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publically; or (b) has been made available to Novi by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Novi or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Novi from any third party;

4.36. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

4.37. You shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional activity or otherwise which may bring Novi into public disrepute.

4.38. The contest shall be null and void in any jurisdiction where prohibited by law.

4.39. The T&C shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Contest, such dispute shall be referred to a sole arbitrator appointed by Novi and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.

4.40. Subject to the provision of Paragraph 4.39. 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.

4.41. You acknowledge that in case the Contest and/or any of Novi’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Novi 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, then Novi shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

4.42. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Novi promptly, as and when called upon, in relation to your participation in this Contest. Novi reserves the right to reject the Content and disqualify Your participation at the sole discretion of Novi.

4.43. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Novi services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Novi’s services.

4.44. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

4.45. You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Contest is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.

4.46. You acknowledge and agree that upload and submission of Your posts/tweets does not necessarily entitle you to win a Prize.

4.47. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

4.48. Novi recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

4.49. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Novi will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

4.50. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the You and Novi in this connection, and supersedes all prior understandings, if any, whether written or oral, between the You and Novi., in this connection.

4.51. You hereby acknowledge that You have fully read and understood these Terms and Conditions 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 shall agree to the contents of these Terms and Conditions.

4.52. In case of any queries in relation to this Contest, you can write to svodmarketing@hotstar.com. Novi shall endeavour to reply to the same within a reasonable time