TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE CONTEST "DEVACHA THEVA"
The contest titled "Devacha Tha" contest ("Contest") is [PP1] [Zee 42] in relation to the movies telecast on the channel– ‘Zee Talkies’ (" Channel"), details of which are further given hereinafter. The Contest is conducted by the company – Zee Entertainment Enterprises Limited ("Company") and is hosted on the Channel for the Contest Period (as defined below). By means of these terms and condition set forth herein ("Terms and Conditions"), each person participating in the Contest (hereinafter referred to as " Participant") agrees to be unconditionally bound by the Terms and Conditions as provided herein below in the manner provided herein below.
I. PROCEDURE FOR PARTICIPATION IN THE CONTEST:
1. During the Daily Contest Period (as defined below), during the movie telecast on the Channel between 12.00 pm till 10.00 pm from Monday to Sunday, Monday- cprorated herein by reference.1 (One) multiple choice question will be asked every hour (" Daily Contest Question(s)"). Thus, a total of 10 (ten) Daily Contest Questions will be asked on each day of the Contest Period from Monday-Sunday.
2. Each of the options to the Daily Contest Question will be corresponded by a phone number (landline/toll free/mobile numbers) displayed on the Channel. To participate in the Contest, Participant will have to give a missed call on the number (landline/toll free/mobile numbers) corresponding to the correct answer to the Daily Contest Question(s) displayed on the Channel, from their registered mobile number/landline number (" Missed Call"). For sake of clarity, the Company shall at its sole discretion allow and consider any Entry registered and recorded with the Company made from any public number viz. PCOs and/or STDs.
3. The Contest shall be effective from 12.00 pm on April 24, 2017 until 10.00 pm on May 31, 2017 and Entries shall be strictly accepted during this period only ("Contest Period").
4. Each day of the Contest Period shall commence from 12.00 pm on that day and end at 10.00 pm on the same day from Monday-Sunday(s) (referred to as " Daily Contest Period").
5. Any Entry received after the end of the Daily Contest Period will be considered as invalid. For the sake of clarity, a valid entry for the purpose of this Contest is where the Participant has given a Missed Call with their registered mobile number on the correct number (" Entry".)
6. It is clarified that each Participant shall be free to give Missed Call on the number (landline/toll free/mobile numbers) corresponding to the correct answer to the Daily Contest Question(s) displayed on the Channel innumerable times from one mobile number/ landline number. Entry received after the Daily Contest Period shall be considered null and void.
7. The Company shall not be responsible for any Missed Call submitted by the Participant(s) but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or network provider’s connection failure and/or any reason whatsoever.
8. The Company may also promote this Contest through the medium of the Channel, Website, print media (newspapers), television (promos, astons, bugs etc.), on ground promotions, push sms, radio, digital media/ online and any other manner as shall deem fit by the Company, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Contest.
9. The Company shall at its sole discretion through randomizer mechanism select 2 (two) Participants who shall be selected as the winners for submitting their Entry with correct answer to 1 (one) multiple choice question asked on the Channel every hour during the Daily Contest Period (" Winners").
10. Each Winner selected during the Daily Contest Period shall receive 1 (one) holy element (either shawl/saree/uparna/angarkha/mahavastra[PP3] etc. [Zee 44] ) blessed by famous temples from the city of either Pune/Mumbai/Kolhapur/Trambakeshwar/Akkalkot/Pandurpur (" Gratification"). For avoidance of doubt it is clarified that the Winners shall be not entitled for any other gratification/ opportunity whether monetary or otherwise. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the Gratification and the Participant shall have no claim in any manner whatsoever in this relation. The Participant understands and agrees that the Company shall have full discretion, without informing the Participant, to change the form of Gratification and the Participant shall abide by the Company’s decision to this effect.
11. For avoidance of doubt it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the Winners shall be final and binding. The Company at any time during or after the expiry of the Contest Period shall at it sole discretion increase or decrease the number of Winners to be selected by the Company for being entitled to receive the Gratification. For the sake of clarity, mere submitting an Entry does not entitle the Participant(s) to get an opportunity to participate in the Contest and/or be entitled to receive the Gratification. Only the Participant(s) who have made a valid Entry by giving answer for a question asked during Daily Contest Period and who are declared as the Winners based on the criterion mentioned hereinabove and who have provided correct information over Call Intimation (as defined below), by the Company at its discretion shall be entitled to get the opportunity to receive the Gratification.
12. On selection of the Winner(s) by the Company, the Winner(s) shall be intimated by the Company and /or any other agency on behalf of the Company on the mobile number through which the Participant submitted its Entry during the Daily Contest Period ("Call Intimation"). The Company and/ or any other agency of behalf of the Company shall make only one (1) attempt to contact the Winners by calling on the mobile number/landline number of the Winner registered with the Company. In case the Winner fails to pick up the Intimation Call or if the number shows busy network/ out of coverage network, the selection of that particular Winner shall be invalidated and the Company at its sole discretion may select another Winner from amongst the eligible Participant(s) who qualify as per the criteria stated above to receive the Gratification. The Company 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 un-reachable, due to which the Company is unable to intimate the Winner.
13. The Intimation Call shall have instructions on the process required to be adhered by each Winner which inter alia shall include the personal information ("PI") of each Winner such as name, contact number, email address, age, gender, name of parents, residential address etc. The Participant, if required by the Company, shall be requested to submit (i) identification cum address proof documentation such as aadhar card/ election card/ telephone bill/ passport/ permanent driving license etc. (ii) age proof documentation such as pan card/ birth certificate etc. and (iii) such other documents as may be required by the Company ("Documents") [PP5] [Zee 46] in order to verify the authenticity the name of the mobile number owner, Participant’s name , Participant’s age and place of residence.
14. Each Winner shall furnish all requisite PI and Documents in a form and manner desired by the Company over Intimation Call. Post receiving the PI and Documents of each Winner, the Company shall verify the necessary PI and Documents at its end. In the event any particular Winner fails to provide the above mentioned PI and Documents or fails to adhere to the instructions as mentioned in the Intimation Call, selection of that particular Winner shall be invalidated and the Company shall not be liable to that Winner in any manner whatsoever. Additionally, the Company may at its sole discretion select another Winner from amongst the eligible Participant(s), who qualify as per the criteria stated above.
15. Once the information has been verified by the Company at its end, the Company and /or any other agency on behalf of the Company shall inform on mobile number/landline number the Winners of the Daily Contest who shall be entitled to Gratification from the Company. The Company and /or any other agency on behalf of the Company shall courier the Gratification to the Winners at the address provided to the Company by the Winners. For sake of clarity, the Company shall not be responsible in any manner whatsoever to resend the Gratification to the Winner in case the Gratification is lost in transit. All such claims shall be directly raised by the Winner with the courier company through which the Company has couriered the Gratification without any recourse to the Company. The Company shall further also not be responsible for any kind of damage that may have occurred to the Gratification items during transit.
16. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication.
17. The Gratification given to each Winner by the Company is non-transferrable and non-exchangeable. The Winners agrees and undertakes that no cash equivalent or alternative gratification/ opportunity will be given to the Winners and the Winners cannot exchange the opportunity given for any kind of gift with value. Further, the opportunity given to the Participant is personal in nature hence neither the Participant can transfer the opportunity to any other person (including but not limited to friend/ relative/ family member).
18. The Participant shall not in any circumstances make any claims against the Company or its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the Participant’s participation in the Content or any related activity, to the extent permitted under law. If the Participant is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
19. Family members and relatives of the employees of the Company and their group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the Contest.
20. No dispute shall be entertained with regards to the Contest including Missed Call submission mechanism/ selection criteria and/or counting mechanism of the Missed Call received by the Company. Decisions of the Company shall be final and binding on the Participant.
21. All PI and Documents requested by and supplied to the Company by each Participant must be truthful, accurate and in no way misleading, failing which the Company reserves at its sole discretion the right to disqualify any Participant’s Entry.
II. GENERAL TERMS AND CONDITIONS
1. Participation in the Contest is open to all Indian citizens who are (i) above 18 (eighteen) years of age as on the date of commencement of Contest (ii) residing in the State of Maharashtra (iii) medically fit and (iv) have no criminal conviction or an arrangement or a contract with any third party that prevents the Participant from participating in the Contest. Documents pertaining to medical fitness must be furnished by the Participant on demand if required by the Company.
2. Each Participant must submit the Entry on their own behalf and Entry by proxy will not be accepted, even from their family members/ relatives/friends.
3. The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Contest on the website of the Channel i.e.http://www.zeetalkies.com (" Website").
4. The Participant hereby undertakes, warrants and guarantees to the Company that he/she has the full legal capacity to participate in the Contest in accordance with law and also these Terms and Conditions.
5. By participating in the Contest, the Participant represents that he/she is medically fit and does not have present or past psychological problems. Participant shall not be eligible as a Participant for the Contest if he/she is suffering from any kind of ill health, medical problems (viz. heart problem, blood pressure problem etc.).
6. Participant represents that he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Company in writing. The Participant(s) is /are not required to be present before any authority including police or any court of law for a term of twelve (12) months from the date of registration and has no other disability which would prevent or impede his/her participation in the Contest (if selected).
7. The Company shall not entertain any complaints from the Participant(s) or any person related to the Participant in relation to the Entry for the Contest.
8. The Participant acknowledges that he/she has voluntarily chosen to participate in the Contest at his/her free-will and is willing to bear all risk, costs and consequences arising from such participation in the Contest.
9. Participant(s) who do not comply with these Terms and Conditions, or who attempt to interfere with the process of Contest in any manner shall be disqualified and the Entry received shall not be counted.
10. The Company reserve the right, in its sole discretion, to cancel, terminate, modify, or suspend Missed Call submitted by the Participant, should any virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the counting process. The decision of usability of the Missed Calls received by the Company shall be decided by the Company at its sole discretion.
11. The Company makes no representations, warranties nor provides any undertaking to any of the Participant(s) that any or all of the Participants will be able to qualify for being eligible to get the opportunity of participating in the Contest.
12. The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses or otherwise suffered / incurred by any of the Participant(s) in the event that the Company is not able to permit the Participant to take part in the Contest in accordance with any of the foregoing provisions.
13. Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the date, time for such Contest and at such date and time as it may determine at its sole discretion.
14. At no point of time will the Company be obliged to notify the such Participant who have been disqualified by the Company or are not winners of the daily contest conducted during Daily Contest Period.
15. The Participant of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with the Company and participate in any activity and/or campaign relating to the Contest and/or Channel ("Promotional Activity") of any nature whatsoever without any money payable to the Participant. Further, the Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Participant gives his/her consent to the Company and/or any other agency on behalf of the Company to make the footage of the participation in the Promotional Activity. The Participant in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Participant shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and the Company may exploit the same in any manner and in any media whatsoever at any time throughout the world.
16. The Winner(s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video) the participation performance given by the Company for the Contest, including but not limited to the performance and any interaction of the Winner with other Winner and/or Company’s representatives or fellow Participant, if any, of the Participant(s) rendered during Contest Period or any related series of sound recordings and video recordings which have been shot during the Contest 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 ("Footage") and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Contest. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.
17. The Participant(s) shall hold harmless and indemnify, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s) and/or the Participant in connection with the Contest and also to the extent possible 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.
18. The Participant shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by the Company in connection with any act of the Participant and/or the Contest and/or post and/or Entry and/or any third party rights claims with respect to the material submitted by the Participants(s).
19. The Participant(s) shall not hold the Company, its affiliates, contractors, partners, vendors and promotion and advertising agencies responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of voting information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit Participant's ability to vote, including any injury or damage to Participants or any other person's mobile device or land line relating to or resulting from participating in the Contest or downloading any materials. The Company and/or its representatives shall not be responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected votes, which shall be disqualified. The Company shall attempt to use commercially reasonable efforts to ensure the security and accuracy of all Entries and the methodologies/ processes/ mechanisms of said Entries however the Participants hereby acknowledge and agree that such methodologies/ processes/ mechanisms are not infallible, and that the Company makes no guarantee as to its effectiveness.
20. All Entries and/or any kind of data received by the Company through the Missed Call and/or Call Intimation become the sole property of the Company and the Company shall at no time be under any kind of obligation to discard or maintain the said information received.
1. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
2. These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Mumbai.
3. The Company is empowered to take a decision on any case related to the Contest not covered by the present Terms and Conditions and the said decisions shall be considered as final and binding on the Participant(s).
4. Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
5. The Company shall have the right to share the Participant's PI and/or Documents to any governmental or regulatory bodies if required by law, rule or statue and in response to a valid order of a court or authorized agency of the government or other legal process.
6. Using of false names/ identities, illegal/false mobile numbers, fake addresses and/or any other illegal means either online or in hard copies shall be considered as suppression of facts and if Company has to suffer of any adverse consequence in this respect, the Participant(s) shall be penalized for the same in a manner as Company may deem fit.
7. Participant(s) found indulging in any malpractices such as cheating or misrepresentation shall be disqualified from the on-going Contest and strict legal action shall be taken by Company against such participant(s).
8. Unless otherwise expressly stated, copyright, database right or similar rights in all material in relation to the Contest (including graphical images, text, video clips, demographics, sounds, demos, patches and other files) is owned, controlled or licensed by the Company or its affiliates and is protected or covered by copyright, trade mark, intellectual property law and other proprietary rights. Unless with prior permission, no part of the Contest may be reproduced or transmitted to or stored in any other website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
9. The decision of the Company on all matters, queries or disputes, concerning the Contest including the selection and declaration of the Winners, Contest Periods etc. shall be final and binding and no correspondence shall be entertained in this regard.
1. The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Contest.
2. The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participants arising from or pursuant to the participation in the Contest or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Contest whether or not caused by (1) the Participant’s participation in the Contest; and (2) as a result of the any decisions of the Company for any matter relating to the Contest. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Contest. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.
3. The Participant agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors, vendors or any other person in connection with the Contest including but not limited to persons connected to the Entry(ies) counting procedure and recorded with the Company and/or any increase/decrease in the charges charged to the Participant by his/her network provider for giving Missed Calls.
4. The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participants and arising as a result of his/her participation in the Contest.
5. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Contest and/or conducting the Contest on account of any force majeure factors or otherwise.
6. Company shall not be held responsible or accountable for any expenses (including but not limited to charges charged by the network providers for each Missed Call submitted by the Participant), loss, or any other liability which may arise due to the Participant submitting Missed Call on the numbers provided by the Company on the Channel.
7. The Participant hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Contest or due to any representations, misrepresentations or concealment of material facts by the Participant.
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