TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE CONTEST

1. INTRODUCTION

By means of these terms and condition set forth herein (“Terms and Conditions”), Zee Entertainment Enterprises Limited (“Company”) is conducting a promotional Contest named “Zee Marathi Whatsapp Ganpati Contest”(“Contest”) and the video byte regarding it will be uploaded on soial media platforms of television Channel titled “Zee Marathi” (“Channel/s”), by providing an opportunity to the interested viewers (“Participant(s)”) to participate in the Contest by submitting their Entry (as mentioned below) through the medium of WhatsApp to be submitted at Company’s owned, operated and controlled accounts, i.e. having number +7669470883 (hereinafter referred to as “Company’s Address”) and/or any other platform as may be instructed by the Company (“shall hereinafter be referred to as “Entry Platform(s)” during the Contest Period (as defined herein) and get a chance to win the Gratification(s) (as defined hereunder) on terms more particularly described herein below which Participants agree to be unconditionally bound by.

2. OWNERSHIP AND ACCEPTANCE

Please read these terms and conditions (“T&Cs”) before entering the Contest. Participant hereby agrees that, by submitting an entry, Participant will be bound by these T&Cs and acknowledges that he/she will satisfy all contest eligibility requirements.

3. ELIGIBILITY

Participation is open to all Indian citizens who (i) are residing in Maharashtra at the time of participation in the Contest as per the applicable laws, having registered address within the territory of India (ii) are 18 (eighteen) years of age or above (iii) are medically fit as duly certified by a registered medical practitioner (iii) have no records of criminal conviction and/or moral turpitude and (iv) are not bound by any arrangement or contract with any third party that prevents the Participant from participating in the Contest. (v) Save and except distribution partners of ZEE including their immediate family members, as may be determined by the Company at its sole discretion, all other employees, the immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren) of the employees, representatives, agents etc. of the Company and/or its affiliates, associates and/or group companies, advisors, advertising agencies etc. are strictly prohibited from participating in the Contest.

4. PROCEDURE FOR PARTICIPATION AND SELECTION

1. In order to participate in the Contest, each Participant is required to (i) Use his/her valid existing registered account on WhatsApp having number +7669470883 so as to submit his/her Entry (as defined hereinafter) through the Entry Platform as mentioned hereinabove during the Contest Period (ii) The Participant needs to send a picture of their Ganpati on the Entry Platform from their registered account on WhatsApp during the Contest Period (as defined hereinafter) hereinafter referred as “Entry”.

2. The Contest Period shall be valid for a duration of 15 (Fifteen) days commencing from 09:00 A.M. IST on 14^th September, 2023 and continue till 02:00 P.M. IST on 28^th September, 2023 (“Contest Period”). The Company at its sole discretion can increase or decrease Contest Period without giving any prior intimation to the Participant(s). For the sake of clarity, the Participant(s) shall not hold the Company liable for non-intimation for the increase or decrease the Contest Period.

3. The Company may promote this Contest through the medium of the social media, Channel, Website, print media (newspapers), television (promos, astons, bugs etc.), on ground promotions, push SMS, out bound calls, 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.

4. It is further clarified that the details of the Entry may be publicized on the Channel and any other channel owned and/or operated by the Company and /or any other platform/medium other than the Entry Platform.

5. For purposes of the Contest, “receipt” of the Entry shall be considered by the Company only when the Entry submitted by Participant(s) from his/her registered account on WhatsApp is received by the Company.

6. For the purposes of the Contest, a complete and valid Entry will constitute of (i) Participants sending a picture of their Ganpati and submit it through a valid Entry on the Entry Platform; (ii) Entry to be made by Participants for self and not on behalf of anyone (iii) Entry once sent by the Participant on Entry Platform, cannot be modified further by the Participant (iv) Entry to be made on the Entry Platform during the Start Date and End Date throughout the Contest Period (iv) Participants to submit their personal details along with the Entry i.e. name, village/town/city and age. The Company shall only consider one registered account on WhatsApp for each Entry. If the Participant(s) fails to make the Entry in the manner as stated hereinabove and/or has violated any guidelines published/messaged on the Entry Platform pertaining to the Contest, then his/her Entry shall be considered incomplete and the Participant(s) shall not be eligible for the Gratification. For the avoidance of doubt, it is hereby clarified that by submitting the Entry, the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.

7. Entry received from the Participant(s) which is contrary to the terms mentioned above on the Entry Platform(s) during or after the Contest Period shall be considered null and void.

8. The Participant(s) shall ensure that the Entry submitted on the Entry Platform(s) and any post made by the Participant(s) related to the Contest, on any of the social media platforms including but not limited to Facebook, Twitter, Instagram, You tube etc., will be in compliance with applicable laws, and is not in any way be immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person (living or dead), religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person and to which the user does not have any right;

(b) 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) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person in a defamatory manner;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant(s) agrees that the Company has the right to remove any such material/post which may not be in consonance with applicable law.

9.  Further, Participants agree that the Company shall not be liable or responsible for the Entry made by the Participants and/or for any claim/liability (including claim from third party) with respect to Entry, if made in violation of any term/provision (as part or full) of this entire clause no.9.

10.  The Company shall not be responsible in the event Entry is not received due to any technical error and/or connection failure and/or electricity failure and/or for any reason whatsoever.

11.  Winners & Gratification

1. Determination of Winner(s)

1. At the end of the Contest Period, on the basis of the Participant(s) having submitted a valid Entry in accordance with Clause IV (1) and (7), the Company shall select Participants from amongst the Entries made to the Contest, who may stand a chance to be declared as Winners as per these terms and conditions (“Winner(s)”). Winners shall be selected by the Company on the basis of the best Entries submitted by Participant(s) as received by the Company, which selection shall be made at the sole discretion of the Company. The Company may select a total of 5 (Five) Winners from amongst those Participant(s) sending the best Entries which shall be determined by the Company at its sole discretion (“Winner(s)”). It is hereby clarified that a Participant shall be eligible to declared as a Winner only once during the Contest Period. Further the Participant(s) shall be required to provide verification proof of their identity and place of residence by way of submitting scanned copies of their official identity and address proof and such other information and documents as mentioned herein, so as to be eligible for being selected as one of the Winners for the purposes of the Contest.

2. Gratification for Winners

1. The Company shall be entitled but not obligated to feature

1. the pictures submitted by the Winners (as defined in clause IV 12(A) hereinabove as their Entry subject to full compliance of all terms and conditions pertaining to the Contest in any programme, during commercial slots and/or during any time as in addition to which every Winner shall stand a chance to receive a gratification in the form of a 1 (One) gram gold coin as a gratification for winning in the Contest (“hereinafter known as “Gratification for Winner(s)”.)

2. For the purposes of clarity, the company shall only award the Winner(s) with a 1 (One) gram gold coin in its sole discretion and the Company shall not be obligated to provide the exact gratification as mentioned and may provide any such alternate gratification as it may deem fit to the Winners. It is hereby clarified that, in the event, the Company makes an attempt for reaching out to any Winner by way of making calls and/or sending emails/ messages etc. and/or any other medium as the Company may deem fit, but is unable is get through the Winner, due to which the Company is unable to trace such Winner’s address for delivery of the Gratification, then the Winner shall not be entitled to receive any Gratification towards the Contest, and the same shall stand forfeited.

3. It is clarified that one Participant shall be eligible to be selected by the Company as Winner only once during the Contest period, for the avoidance of doubt if a Participant has been declared as Winner once then he shall not be eligible to win the same for the second time or further, irrespective of multiple Entries submitted by such Participant.

Gratification for Winner(s) shall be referred to as “Gratification” for the purposes of these Terms & Conditions. The Company shall not be held liable towards any decision made by the Company or any other entity acting on its behalf with respect to granting and/or refusing to grant the said gratification to any of the Winners with respect to the Contest. The Company shall not be under an obligation to provide any Gratification to any of the Winners of the Contest, and the Winners including any person(s) acting on their behalf shall not be entitled to raise any objections with respect to any such decision(s) of the Company. The Gratification shall at all times be subject to completion of the verification process as mentioned in Clause IV (16) to Clause IV (17) to the complete satisfaction of the Company. The Winner(s) wining the Gratification once shall not be eligible to win the Gratification again during the Contest Period. The Company shall at the sole discretion decide the Gratification. The Winners shall not be entitled to raise any objection in respect to the Contest and/or with respect to any of the terms and conditions governing the Contest including selection of Winners and Gratification. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the form and/or value of 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.

12. For avoidance of doubt, it is clarified that apart from the Gratification, the Winner shall be not entitled for any other gratification/ opportunity. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the form of the Gratification and the Participant shall have no claim in any manner whatsoever in this relation (if applicable). 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.

13. For avoidance of doubt, it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the Winner shall be final and binding. The Company at any time during or after the expiry of the Contest Period shall at its 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 on the Entry Platforms does not entitle the Participant(s) to receive the Gratification. Only the Participant(s) who have made a valid Entry on the Entry Platform in accordance with Clause IV (1) during the Contest Period subject to completion of verification process as mentioned in Clause IV (15) shall get a chance to proceed further for the selection process in the Contest at the sole discretion of the Company.

14. On selection of the Winner(s) by the Company, the Participant(s) so selected as Winner(s), shall be eligible to be declared as Winner(s) of the Contest, subject to submission of correct, valid and complete details of the requisite personal information (“PI”) of the Winner(s) such as name and contact number/mobile no. by the Participant(s) along with the Entry (ii) Further, the Company may at any time during the Contest Period, request the Participant(s) to furnish self-attested documents to the Company such as (i) identification documentation, age proof, residence proof, nationality proof, such as Aadhar card /election card/ valid and subsisting passport / permanent driver’s license) and/or any other details required by the Company (“Documents”), and the Participant(s) shall be required to submit the same. For the sake of clarity, the Company requiring any such information/ Documents from the Participant(s) shall not be treated / implied as the Participant(s) being declared as the Winner of the Contest in any manner whatsoever. The Winner(s) 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 the Winner(s) the Company shall verify the necessary PI and Documents at its end. The Participant agrees and acknowledges that he/she is aware that PI collected by Company will be used for purpose of the Contest and/or to reach out to Participant if the Participant is declared as a Winner and/or to inform Participant of any upcoming contest(s), campaign(s), survey(s), poll(s), etc., conducted on behalf of the Company. The Participant confirms that he/she is consenting for the Company to retain and use the Participants’ PI for above purposes and if at any time the Participant does not want the Company to retain and/or use the Participants’ PI, the Participant shall send a written communication to the Company to delete and destroy the PI from date of such communication

15. In the event any Participant who receives the Intimation Call fails to provide the above-mentioned PI and/or Documents within 24 (twenty-four) hours commencing from the end of Intimation Call and/or fails to adhere to the instructions as mentioned in the Intimation Call, the Participant’s selection as a Winner shall be invalidated, and the Company shall not be liable to provide any Gratification, certification, and/or explanation to that particular Participant 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.

16. During the process of verification of PI and/or the Documents by the Company of the selected Participants, if it is discovered that one Participant has submitted multiple Entry from different WhatsApp accounts then the Company shall consider only one Entry amongst multiple Entries (at Company’s sole discretion), of such Participant. For the avoidance of doubt one Winner shall be only entitled to Gratification as per his/her one Entry (irrespective of multiple entries submitted by the Participant) during the Contest Period that will be selected as per sole discretion of the Company. Once PI and/or Documents are verified by the Company, the Company and /or any other agency on behalf of the Company shall inform the Winner(s) about the selection as one of the Winner(s) of the Contest and may stand a chance to receive Gratification.

17. It is clarified that Gratification given to the Winner by the Company and/or by any other entity to the Participant(s) is non-transferrable, non-exchangeable and personal in nature, hence the Winner cannot transfer the opportunity to any other person. Winner agrees and undertakes that no cash equivalent or alternative gratification/ opportunity will be given to the Winner and the Winner cannot exchange the opportunity given for any kind of gift with value.

18. The Winner shall not in any circumstances make any claims against the Company and/or its affiliates and/or its group companies 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 or any related Contest, to the extent permitted under law. If any of the Winners is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.

19. No dispute shall be entertained with regards to the selection criteria. Decisions of the Company shall be final and binding on the Participant(s).

20. The Winner may have to sign one or more release forms or other relevant documents as required by the Company in order to receive the Gratification from the Company and/or from any other entity.

21. The Winner hereby agrees to release and discharge the Company and/or its affiliates and/or its group companies from all Gratification and Contest related obligation on the Company delivering/ handing over the Gratification to the Winner.

22. 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 such Participant from availing the opportunity to participate in the Contest.

23. By participating in the Contest, it is construed that the Participant has read and understood these Terms and Conditions, Privacy Policy including the General Terms and Conditions stated below and Participant(s) act of participation in the Contest will be deemed acceptance to abide by the same.

5. GENERAL TERMS AND CONDITIONS

1. Participant(s) must submit their Entry on their own behalf and Entry submitted by proxy will not be accepted, even if the proxy is any of their family members. By submitting the Entry on the Entry Platform, the Participant(s) acknowledge that they have reviewed the entire Terms and Conditions and agree to the same.

2. 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.

3. The Participant(s) 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.

4. By participating in the Contest, the Participant(s) represents that he/she is medically fit and does not have present or past psychological problems. If in the past he/she has had any psychological problems or have been under medication for any psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to the Company in writing along with a copy of the certificate from a qualified medical practitioner declaring him to be fit for participation in the Contest.

5. Participant shall not be eligible as a Participant for the Contest if he/she is suffering from any critical health-related issues.

6. Participant(s) 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 or that 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/shortlisted).

7. The Participant(s) 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 (including but not limited to food, travel, incidental costs etc.) and consequences arising from such participation in the Contest.

8. 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 receiving the opportunity to participate in the Contest.

9. The Company and/or its affiliates and/or its group companies 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 the Company is not able to permit the Participant to take part in the Contest in accordance with any of the foregoing provisions.

10. Notwithstanding any other provisions mentioned herein, the Company and/or its affiliates and/or its group companies may, at its sole and absolute discretion, decide to cancel the Contest or reschedule the Contest dates.

11. At no point of time will the Company be obliged to notify unsuccessful Participant(s) of its decision.

12. The Winner(s) agrees that they shall make themselves available from time to time and co-operate with the Company including to its affiliates, associates, and/or group companies and participate in any Contest and/or campaign relating to the Contest (“Contest”) of any nature whatsoever without any money payable to the Winner. Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such promotional Contest for any reason whatsoever. Notwithstanding anything in the foregoing, the Winner hereby provides to the Company including to its affiliates, associates, and/or group companies as also its representatives or agents, the unconditional and irrevocable permission to use pictures (“Material”) submitted by Winner with respect to the Contest including but not limited to the Winner’s name, voice, likeness, image, etc., in any manner including but not limited by editing, combining. The Winner hereby acknowledges and understands that the Material may be reproduced, exhibited, published, distributed and/or used, unlimited number of times, for both commercial and/or non-commercial purpose, perpetually, through-out the world, by the Company. The Winner further, agrees and confirms that all the results, products and proceeds in the Material and/or any form of its derivative work is “work-made-for-hire”/ “commissioned works” developed at the instance of the Company in accordance with the Copyright Act, 1957 and the Company is the first and sole and exclusive owner of all rights including but not limited to intellectual property rights in the Material for all purposes, throughout the world, for perpetuity, for all modes, media and formats of exploitation and assign all such rights in favor of the Company if not deemed as work for hire, in lieu consideration in form of opportunity to participate in the aforesaid Program, promotion and platform provided by the Company. The Company, as first and exclusive owner, shall have the sole and exclusive right to exercise all Rights comprised in copyright in and to the Material in accordance with Section 14 (1) (a) of the Copyright Act, 1957 (as amended from time to time) or any other equivalent provision thereof. The Winner further, expressly acknowledges pursuant to these terms and conditions that the provisions of Section 19(4), 19A and 30(A) of Copyright Act, 1957 (as amended from time to time) shall have no application or effect on the terms of this Contest and with respect to the exploitation rights of the Company towards the Materials etc. of the Winner created and developed whether by the Winner and/or the Company as the case may be with respect to the said works as vested in the Company pursuant to these terms and conditions governing the Contest. The Winner confirms that this assignment of Works is not, in any way, in contravention of Section 19 (8) of the Copyright Act, 1957 (as amended from time to time). Further the Winner hereby confirms and declares that his/her participation in the Contest is voluntary, and that he/she shall not hinder the exploitation of the Material in any form. The Winner hereby agrees, and confirms that he/she shall not under any circumstances whatsoever, use the Material for any personal gain in any manner, unless otherwise permitted by the Company in writing (email permitted). The Winner hereby declares and warrants to the Company that the Material submitted by him/her does not infringe or violate any rights and/or applicable law and if there are any claims, demands, losses, damages, suits, and liabilities of any kind whatsoever in connection with the foregoing, the Winner shall indemnify the Company towards it. The Winner further acknowledges that he/she has completely read and fully understood the above consent and release obligations and agree to be bound thereby.

13. The Participant(s) shall hold harmless and indemnify the Company 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 Winner in connection with the Contest and/or the Gratification 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.

14. The Participant(s) and/or the Winner 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(s)/ Winner and/or the Contest and/or Entry and/or any third-party rights claims with respect to the material submitted by the Participant(s)/ Winner.

6. MISCELLANEOUS

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 provision 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 not covered by the present Terms and Conditions.

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.

7. NO LIABILITY

1. 1. The Company and/or its affiliates and/or its group companies is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant(s)/Winner in any manner whatsoever, in relation to participation in the Contest.

1. 2. The Company and/or its affiliates and/or its group companies, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to 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, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (3) any printing, typographical or technological errors in any materials associated with the Contest; (4) failure to comply with any gratification commitments by the Company and/or by any other entity. 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 and/or its affiliates and/or its group companies 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.

1. 3. The Participant/Winner agrees that he/she shall hold harmless the Company and/or its affiliates and/or its group companies, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Contest including but not limited to persons connected to the selection procedure for the Contest.

1. 4. The Company and/or its affiliates and/or its group companies or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant/Winner arising as a result of his/her participation in the Contest.

1. 5. Company and/or its affiliates and/or its group companies shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Contest on account of any force majeure factors or otherwise.

1. 6. Company and/or its affiliates and/or its group companies shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise for the Winner, who is entitled to receive the Gratification.

1. 7. The Participant/Winner hereby agrees to indemnify the Company or its affiliates or its group companies 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/Winner.