TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE ACTIVITY
ZEE Entertainment Enterprises Limited (“Company”) is organising “Zee Marathi Awards 2018” (“Event”), which is Maharashtra’s favourite viewer’s choice award show, to be telecasted on the channel(s) of the Company viz. “Zee Marathi” or any other channel owned by the Company (“Channel”).
- PROCEDURE FOR PARTICIPATION AND SELECTION
- In order to participate in the Activity, each Participant shall be required to cast a vote for all categories of the award by giving a Missed Call from his/her registered mobile number on the Company’s mobile number as may be displayed on the Company’s Channel and/or Website for each different nominee in various categories. Participant shall receive a call back containing an Interactive Voice Responsive call wherein the Participant(s) shall be required to cast/submit his/her vote for his/her favorite actor/actress from the different categories of nominees (“Voting Entry”)
- Voting Entry shall be accepted from IST 18:30 hours on October 01, 2018 and continue till IST 23:59 hours on October 10, 2018 (“Activity Period”).
- The Company may promote this Activity 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 Activity.
- It is further clarified that all valid Voting Entry (ies) shall be considered by the Company for the purpose identifying the winner(s) for various categories of awards at the Event.
- For purposes of the Activity, “receipt” of the Voting Entry shall be considered by the Company only when the valid Voting Entry submitted by Participant(s) is received and recorded successfully on the Voting Platform(s).
- For the purposes of the Activity, a complete and valid Voting Entry will constitute of successfully registering and voting for all the categories of the Event and submitting the Voting Entry as per Clause I (1), as may be applicable. If the Participant(s) fails to make the Voting Entry in the manner as stated hereinabove and/or is not a resident of India and/or has violated any guidelines published by the Voting Entry Platform, then his/her Voting 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 Voting Entry, the Participant(s) is representing that the Voting Entry or contents thereof are not confidential or comprise any sensitive personal information.
- Participant may submit more than one Voting Entry on the Voting Platform in accordance with Clause I (1) during the Activity Period for participation. Voting Entry received from the Participant(s) which is contrary to the terms mentioned above on the Voting Platform during or after the Activity Period shall be considered null and void. It is expressly clarified that submitting multiple Voting via different mobile numbers shall not make the Participant(s) eligible to win any one of the Gratifications and/or increase the chance of winning all or multiple Gratification and that the Company shall have the sole and absolute rights to decide on to which Voting Entry (out of multiple entries) of the Participant to be considered for Gratification.
- The Participants shall ensure that the Entry submitted is to the point and vote for as per their choice and does not contain any other information which is indecent, not in compliance with applicable laws, and is immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, 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, pedophilic, libelous, 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;
(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.
- The Company shall not be responsible for the Voting Entries submitted by the Participant on the Voting Platform but not received or recorded due to any technical error and/or network connection failure and/or electricity failure and/or for any reason whatsoever.
- During the Activity Period, on the basis of the Participant(s) having made a valid Voting Entry on the Voting Platform, the Company shall by way of a randomizer round, to be held at its sole discretion, shall shortlist and select 2 (two) Participants, each day during the Activity Period, who shall stand a chance to attend the Event with one more person accompanying him/her to the Event, which is tentatively schedule on IST 18.00 IST on October 12, 2018 in Mumbai (time and date may change without any prior intimation). It is clarified that the Winner and the one person of Winner’s choice shall be fully responsible for any and all other cost including but not limited to food, incidental cost and travel cost to reach the venue/location etc
- For avoidance of doubt, it is clarified that apart from the Gratification, the Winner(s) shall be not entitled for any other gratification/ opportunity/favours whether monetary or otherwise. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the form and/or value and/or brand 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.
- For avoidance of doubt, it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the Winner(s) shall be final and binding. The Company at any time during or after the expiry of the Activity 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 Voting Entry on the Voting Platform does not entitle the Participant(s) to receive the Gratification. Only the Participant(s) who have made a valid Voting Entry and voted as per Clause I (1) during the Activity Period shall get a chance to proceed further for the selection process in the Activity at sole discretion of the Company.
- On selection of the Winners by the Company, the Winners shall be intimated by the Company and /or by any other agency on behalf of the Company by calling on the Winner’s registered mobile number through which he/she has submitted his/her Voting Entry(“Intimation Call”).
- The Company and/ or any other agency of behalf of the Company shall make only one (1) attempt to contact the Winner(s) by calling on the mobile number of the Winner(s) registered with the Company. In case the Winner(s) fails to pick up the Intimation Call or if the mobile 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.
- The Intimation Call shall have instructions on the process required to be adhered by the Winner(s) which inter alia shall include the personal information (“PI”) of the Winner(s) such as name, contact number, email address, age, gender, name of parents, residential address etc. The Winner(s) shall be requested to furnish documents to the Company such as age proof, residence proof, latest mobile phone bill, valid passbook copy of active bank account in the name of the Participant and their nationality proof (i.e., driving license, pan card, Aadhar card, passport, election card, ) (“Documents”).For the sake of clarity, Intimation Call received by each Winner shall not be treated / implied as Winner of the Activity 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) and the person of Winner’s choice, the Company shall verify the necessary PI and Documents at its end.
- In the event any Winner fails to provide the above mentioned PI and/or Documents with in 2(two) days or fails to adhere to the instructions as mentioned in the Intimation Call, the Winner’s selection 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.
- Once the PI and/or the Documents have been 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 Activity and shall be entitled to Gratification provided that the Winner shall be present for collection of Gratification on day, date, time and place, as may be intimated by the Company, which may get revised at sole discretion of the Company and in case if Winner is not present on such scheduled day, date, time and place as intimated by the Company, the Gratification shall stands cancelled and revoked for such Winners. It is clarified that the Winner shall be fully responsible for any and all other cost including but not limited to travel, food, accommodation and incidental cost to reach the venue/location for himself / herself and for accompanying person, if any, as may be permissible by the Company.
- The Gratification given to the Winners by the Company is non-transferrable and non-exchangeable. Each Winner agree 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. Further, the opportunity given to each Winner is personal in nature, hence the Winner cannot transfer the opportunity to any other person.
- The Winners shall not in any circumstances make any claims against the Company entities 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 activity, to the extent permitted under law. If the Winner is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions, the corresponding Voting Entry will stand disqualified and such decision shall be final and binding.
- 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 Activity.
- No dispute shall be entertained with regards to the selection criteria. All selections and decisions of the Company shall be final and binding on the Participant(s).
- Each Winner may have to sign any release form or other relevant document as required by the Company in order to receive the Gratification from the Company.
- The Winner(s) hereby agrees to release and discharge the Company from all Gratification and Activity related obligations of the Company on delivering/ handing over the Gratification to the Winner.
- All PI and Documents (if asked by the Company) 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 from availing the opportunity to participate in the Activity.
- GENERAL TERMS AND CONDITIONS
- Participation is open to adult citizens (as on October 01, 2018) residing in the state of Maharashtra; who must be medically fit and have no criminal conviction or an arrangement or a contract with any third party that prevents the Participant(s) from participating in the Activity. Documents pertaining to medical fitness must be furnished by the Participant on demand.
- Persons must enter the details on their own behalf and Voting Entry(ies) by proxy will not be accepted, even for their family members.
- The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Activity without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Activity on the website of the Channel being http://www.zeemarathi.com/ or http://www.zee5.com/ and https://www.facebook.com/zeemarathiofficial/ (hereinafter referred as “Website”).
- The Participant hereby undertakes, warrants and guarantees to the Company that he has the full legal capacity to participate in the Activity in accordance with law and also these Terms and Conditions.
- The Company shall not entertain any complaints from the Participants or any person related to the Participant in relation to the voting for the Activity.
- Participant(s) who do not comply with these Terms and Conditions, or who attempt to interfere with the process of Voting Entry or the operation of the Voting Platform in any way shall be disqualified and the Voting Entry submitted shall not be counted
- The Company reserve the right, in its sole discretion, to cancel, terminate, modify, or suspend Entries 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 voting process. The decision of usability of the Entries received by the Company shall be decided by the Company at its sole discretion
- By participating in the Activity, the Participant 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 Activity.
- Participant shall not be eligible as a Participant for the Activity if he/she is suffering from any critical health related issues.
- 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. 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 Activity (if selected/shortlisted).
- The Participant acknowledges that he/she has voluntarily chosen to participate in the Activity at his/her free-will and is willing to bear all risk, costs (including but not limited to food, travel, incidental costs) and consequences arising from such participation in the Activity.
- 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 Activity.
- 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 Activity in accordance with any of the foregoing provisions.
- Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel the Activity or reschedule the Activity dates.
- At no point of time will the Company be obliged to notify unsuccessful Participant(s) of its decision.
- The Winner(s) of the Activity 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 Activity (“Promotional Activity”) of any nature whatsoever without any money payable to the Winners. Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) 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 Winner(s) in consideration of being afforded an opportunity to take part in the Activity, agrees that the footage of any nature with regard to the Winner(s) 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.
- 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 Winners in connection with the Activity 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.
- The Winners/Participant(s) 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)/ Winners and/or the Activity and/or post and/or Voting Entry and/or any third-party rights claims with respect to the material submitted by the Participant(s)/ Winners.
- All Entries and/or any kind of data received by the Company through the Voting Entry Platform 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.
- OTHER TERMS
- 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.
- 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.
- The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.
- 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.
- NO LIABILITY
- 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 Program.
- The Company, 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 Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Activity whether or not caused by (1) the Participant’s participation in the Activity, 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 Activity. 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 Activity. 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.
- The Participant/Winners agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Activity including but not limited to persons connected to the selection procedure for the Activity.
- The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant and arising as a result of his/her participation in the Activity.
- Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.
- Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise, for the Winner(s) to receive the Gratification.
- 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 Activity or due to any representations, misrepresentations or concealment of material facts by the Participant.