Terms and Conditions for ‘Happu Dekho Inaam Jeeto’ Contest
ZEE Entertainment Enterprises Limited (“ZEEL”) is organizing “Happu Dekho Inaam Jeeto” (“Contest”) to be telecasted on the channel(s) of ZEEL viz. “&TV” or any other channel or platform (whether digital or otherwise) owned or controlled by ZEEL or any of its associate or sister concern or group companies (“Channel”).
By means of these terms and conditions set forth herein (“Terms and Conditions”), ZEEL is providing an opportunity to the interested Participant/Participants (“Participant(s)”) to submit his/her answer to the question (“Entry” or “Entries”) in the Contest on terms more particularly described herein below, which Participant agrees to be unconditionally bound by:
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This Contest is organized by ZEEL to be aired on its Channel and shall be conducted during the episode telecast of Happu Ki Ultan Paltan or such other program as determined by ZEEL (“Program”) from 10:00 PM to 10:30 PM Indian Standard Time (IST) starting from 1st August 2022 to 31st August 2022 (“Term”). However, ZEEL has the right to determine any changes in the Program or Term in a manner as it deems fit.
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The Contest will be promoted on &TV Channel, &TV Instagram (https://www.instagram.com/andtvofficial/?hl=en),
Facebook (https://www.facebook.com/AndTVOfficial/),Twitter (@AndTVOfficial) accounts/ handles and any other medium as decided by ZEEL.
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ELIGIBILITY
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This Contest is open only to Indian Citizens who are resident in India, however excluding residents of Andhra Pradesh, Karnataka, Telangana, Tamil Nadu, Kerela, Puducherry, Andaman & Nicobar Islands, Lakshadweep, at the time of conducting this Contest and above the age of 18 years.
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The Participant agrees to provide complete and correct information with respect to his/her name, phone number, e-mail address, permanent account number (“PAN”), age, and such other information as may be required by ZEEL from time to time. ZEEL has the right at any time to ask the Participant to provide proof of identity and/or eligibility including proof of residency. If the Participant fails to provide such proof by Participant immediately upon request by ZEEL, ZEEL shall have the right to disqualify the Participant from the Contest and/or the withdrawal of the Contest Prize (defined below) at the sole discretion of ZEEL. In the event that any inaccurate information is provided and/or information is withheld by the Participant from ZEEL, ZEEL shall be entitled to disqualify the Participant from the Contest and the Participant shall be solely liable and responsible for any claims or expenses arising from the provision of such inaccurate information or withholding of information. Further, in the event ZEEL in its sole discretion, determines that the Participant has forged/misrepresented any facts in relation to the Participant’s residency, ZEEL shall be entitled to disqualify the Participant. For sake of clarity, ZEEL can disqualify the said Participant even after the Participant is declared Winner initially.
II. PROCEDURE TO PARTICIPATE IN THE CONTEST AND SELECTION OF WINNER
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The Participant can participate in this Contest in the following manner:
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STEP 1: The Contest question will be aired on &TV during the episode telecast of the Program Happu Ki Ultan Paltan from 10.00 PM to 10.30 PM IST from Monday to Friday with two (2) options (A & B) as an answer.
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STEP 2: Participants who desire to participate in the Contest will have to submit their Entry via giving a missed call on the number 8563-8563-02 (or such other number as determined by ZEEL), which shall be flashed below the question given during the telecast of the episode. In furtherance of the missed call, the Participant will receive a call back to register his/her answer.
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STEP 3: ZEEL will select 7 Winner(s) per day (defined below) amongst the correct responses received on a random basis by an automated system and there will no human intervention/choices.
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STEP 4: Each Winner will be getting a voucher of INR. 3200 /-(Indian Rupees Three Thousand and Two Hundred Only) any e-commerce brand as determined by ZEEL (“Prize”). However, the total prize value (of all 161 winners) for the entire Contest will be INR. 5,15,200/-( Indian Rupees Five Lakhs Twelve Thousand and Two Hundred Only) The Prize shall be emailed to the Winners and shall be redeemed at the respective e-commerce brand of the coupon with a validity for a year starting from 1st September 2022. In case the Participant doesn’t redeem the Prize within the said validity period, ZEEL shall not be responsible for any renewals or for any other reason whatsoever.
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From all the Participants who have sent the answer, only the Participant who has sent the correct answer will be selected as the winner (“Winner(s)”). The decision of ZEEL’s in connection with the selection process of the Winner will be final and binding and shall not be disputed or challenged by the Participant. In case of any dispute, the decision of ZEEL’s shall be final and binding on all concerned. A total number of 7 (seven) Winners will be announced per day, aggregating to a total of 161(one hundred sixty one) Winners shall be announced during the Term of the Contest.
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The Winners of the Contest will be announced on-air during the telecast of the Program and on such social media handles as determined by ZEEL, in its sole discretion. The Winners of the Contest will be announced one day after the day of valid participation on weekdays (Monday-Friday). For sake of clarity, the Winners of Friday will be announced on Monday. Furthermore, the Winners of public holidays, i.e., 15th and 31st August 2022 will be provided on 16th August and 1st September 2022 respectively. ZEEL may change any day of declaration of Winners upon its sole discretion.
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Each Participant shall be declared as a Winner only once during the Term of the Contest however he/she can participate again in the Contest but shall not be entitled to win again.
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ZEEL shall contact the Winners on the telephone numbers or via any other form of communication through details provided by the Participant only once. In the event that any of the Winners is not available/ reachable on the number provided by the Participant, such Winner forfeits his/her right to the Prize and ZEEL may in its sole discretion hand over the Prize to another winner and the same shall be final and binding.
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If the telephone number of any Participant has been transferred to another individual after Entry into the Contest, the Participant who owned the telephone number at the time of Entry into the Contest shall not claim the Prize or make any claims in respect of the Contest in this regard. Further, the person who owns the number at such time of winning the Contest shall not be entitled to claim the Prize or have any other claims in respect of the Contest.
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If any of the Prize Winners do not convey their acceptance within 24 hrs. of intimation of the same, the Prize shall unconditionally and irrevocably lapse and such Winner will cease to have any right, interest, or claim in the same.
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ZEEL accepts no responsibility under any circumstance whatsoever for including but not limited to incomplete or incomprehensible questions, for technical and/or telephone networks, which become lost, misdirected, or delayed.
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The question will be displayed on the screen during the episode. The Entries shall be sent from 10:25 PM to the latest before 11:59 PM on the days of the Contest and only such Entries will be considered valid. Entries received after the timeframe mentioned above will be considered invalid, null and void. ZEEL shall have the absolute discretion to modify the time when the Contest would be run for. The Participant shall be solely responsible for reviewing these Terms and Conditions periodically for any updates.
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In the event that any of the Winner(s) selected by ZEEL is unwilling or unable to give his/her acceptance to the Terms and Conditions of the Contest, ZEEL may select another Winner who gives his/her acceptance to the Terms and Conditions of the Contest. The Participant’s agree and acknowledge that by participating and giving a missed call through the number given by ZEEL for the Contest they are expressly accepting the Terms and Conditions of the Contest that have been published on ZEEL’s Website as mentioned in Clause 2 (“Website”). Also, in case of Winners of the Contest, its implied that they have also accepted the Terms and Conditions and will not raise any objection. ZEEL also has the right to disqualify and replace the Winner in the event any clause of the Terms and Conditions is not complied with even after being declared as Winner. By participating and by submitting the Entries consisting of Participant contact or other details, you hereby grant ZEEL and the sponsor(s) of Show to use, process, retain and monetize the Entries for any purposes including commercial and marketing purposes. Parent/Legal Guardian of the Participant acknowledge that by submitting their Entries, Parent/Legal guardian of the Participant are expressly granting ZEEL all required and necessary rights to use any and all information provided as a part of the Entries, in any manner as required by ZEEL, including sharing all the information provided with third parties. Parent/Legal Guardian of the Participant hereby waive any and all rights and undertake that they shall not object to ZEEL’s use of the Entries in any manner. The Contestant grants an irrevocable right to use the attributes of the Contestant as deemed fit by ZEEL in relation to the Contest.
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ZEEL shall hand over or deliver (as the case may be) the Prize in the manner as per sole discretion of ZEEL and also after the implied acceptance of the said Terms and Conditions by the Winners. ZEEL shall communicate to the Winners the mode and manner of delivery of the Prize. The Prize would be handed over to the Winners only at the agreed place as communicated by ZEEL and after proper identification, verification and also after the Winner providing proof of payment of all applicable taxes and levies. The final decision of the mode and manner of delivery of the Prize shall be that of ZEEL and shall not be disputed by the Contestant failing which ZEEL shall have the right to choose any other Winner as it deems fit.
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Upon being declared a Winner, the Winners will be required to comply with the following prerequisites prior to being given the Prize by ZEEL:
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Furnishing his/her name, address, age, sex, contact number.
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A copy of his/her Photo identity card, PAN card;
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Any valid Proof of address.
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In addition to the above, in case ZEEL requires any additional documents/ information, for confirmation, ZEEL shall convey the same to the Winner and the Winner will be required to comply with requirements of ZEEL. In case of non-compliance in submission of such documents/ additional documents/ information, ZEEL may decide against giving the Prize to the Winner and the Winner shall have no objection to the same.
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The Winners will be solely liable to pay any and all taxes, levies, charges, etc. that may be applicable in respect of winning the said Prize. Winners must have a valid Aadhar Card/ Driving License / Passport /Voter Card to claim the Prize and have to submit a self-attested copy of the same before receiving the Prize. ZEEL shall not be liable in any manner whatsoever in the event of non-payment by the Winner of any such applicable taxes, levies, charges, etc. Any expenses incurred by ZEEL in respect of such unpaid tax will be solely to the cost and expense of the Winner. ZEEL will not bear any additional expenses in relation to the Prize.
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The Prize shall not be transferable. The Prize shall not be redeemable for kind. No request shall be entertained by ZEEL in this regard. ZEEL disclaims any liability arising from the Prize.
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The Participant expressly agrees that ZEEL will have the unfettered right to reproduce all the Entries on any and all formats, media and/or mediums including but not limited to television, internet, mobile, print, etc.
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All rights (including intellectual property rights), title, claim and interest in the promotional material(s) and any/all Entries received shall vest solely and exclusively with ZEEL at all times.
III. REPRESENTATIONS, WARRANTIES AND LIABILITY
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ZEEL shall not be liable for any loss or damage whatsoever that may be suffered by the Participant as a result of participating in this Contest or using any Prize.
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ZEEL disclaims all warranty and makes no representation about the quality, usefulness, worthiness, delivery or otherwise of the Prize offered. All images/visuals of the Prize in the communications or advertising material or content are indicative only and may be subject to change.
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ZEEL accepts no responsibility for any non-delivery of the Contest Prize. Further ZEEL shall not be responsible for any claims/refunds/damages in relation to any product ordered vide the Prize. The Contestant further agrees to abide by the terms and conditions of such third-party prize partner without any recourse to ZEEL.
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ZEEL accepts no responsibility if the Prize is not availed by the Participant within the applicable time mentioned under this Agreement.
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ZEEL 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.
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ZEEL shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize.
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ZEEL, 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; (2) as a result of the any decisions of ZEEL for any matter relating to the Contest; (3) as a result of any comment, remark, judgment, view, criticism, critique, opinion and/or observation in relation to any nominee made and/or passed by the mentor appointed by ZEEL for the Contest. Notwithstanding the generality of the foregoing, ZEEL 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 ZEEL 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 ZEEL’s reasonable control.
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The Participant agrees and acknowledges that for the purpose of the Contest, ZEEL and its representatives may gain access to personal information of the Participant. ZEEL takes appropriate technical and organizational measures to protect the personal information provided by the Participant against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. However, ZEEL cannot guarantee the security of any personal information or data which the Participant discloses. In any event, Participant agrees not to hold ZEEL responsible for any breach of security, except in case of negligence or willful default on the part of ZEEL under the relevant legislation.
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The Winner will use the Prize entirely at its own risk and will indemnify and hold the ZEEL harmless for any accident, harm, death, damages, costs and/or loss sustained by the Winner as a result of the possession or use of Prize won in the Contest.
IV. OTHER TERMS
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In case of any dispute or difference in respect of this Contest, Terms and Conditions, etc., the decision of ZEEL’s management shall be final and binding on all concerned. No correspondence disputing this Contest, Terms and Conditions, decision relating to the Winners, any decision of ZEEL’s management, etc. will be entertained by ZEEL.
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All rights, title, claim and interest, including but not limited to the intellectual property rights, in the promotional material(s)/activity and in any and all Entries of the Participants’ received shall vest solely and exclusively with ZEEL throughout the world in perpetuity. The Participant/Winners agree and acknowledge that ZEEL or any person or entity permitted by ZEEL in this regard shall be entitled to the unrestricted use of the Entries received or any information in connection with the Entry in any media for future promotional, marketing, publicity, and any other purpose, without any permission and/or payment to the Participant/Winners. The Participant/Winners shall not dispute the same at any stage. The Participant/Winners hereby further undertake to do any and all acts and execute any and all documents in such manner and at such locations as may be required by ZEEL in its sole discretion in order to secure, protect, perfect or enforce any of the rights of ZEEL pursuant to this Contest and/or Terms and Conditions. In the event the Participant/Winners fail to do so within two (2) days of receipt of a request from ZEEL to do or perform an act or execute a document, ZEEL shall be entitled to exercise the same in place of the Participant as the lawful appointed attorney and the Participant undertakes to affirm, ratify and be bound by such exercise of the right by ZEEL as mentioned hereunder.
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Participation in this Contest implies acceptance of all the Terms and Conditions of this Contest.
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Any clarifications that the Participant may require or any complaints that the Participant may have with respect to this Contest shall be emailed to andtv@zee.com.
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ZEEL reserves the absolute right to modify, amend or alter the rules governing the Contest in its sole discretion without giving any prior notice. The updated Terms governing the Contest will be published by the ZEEL at the same website where the original Terms and Conditions are published. It shall be the sole responsibility of the Participants to check the rules and regulations of the Contest on the website.
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The interpretation and implementation of the Terms and Conditions shall be at the sole discretion of ZEEL. The decisions of ZEEL shall be final and binding, and not subject to challenge or appeal.
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The Participant hereby acknowledges that he/she has completely read and fully understood the above Terms and Conditions and agree to abide and be bound by it and all information given by the Participant is true and correct and the Participant shall be responsible and liable to indemnify the ZEEL against any loss/damage/claims etc. arising due to any misrepresentation or incomplete information provided by the Participant.
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Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and ZEEL.
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The Terms and Conditions shall be governed, interpreted by and construed in accordance with the laws of India and the Courts of Mumbai, India shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon these Terms and Conditions.
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The Participant acknowledges that any and all Entries submitted for the Contest shall not be publicly viewable. The Participant shall not (and shall not cause or permit others to) at any time, either during the continuance of the Term under this Agreement or thereafter, disclose any story, title, Entries submitted by the Participant to public or to any third parties. Notwithstanding the foregoing, the Participant agrees and acknowledges that ZEEL and/or any party authorized by ZEEL shall be entitled to have access to the Entries at all times during the Contest. Participant acknowledges that the Entries are not being submitted/ disclosed to ZEEL in confidence.
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The Terms and Conditions of and in relation to the Contest as stated herein, is an electronic record in Terms and Conditions of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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Participants shall be solely responsible for any costs and expenses incurred towards internet connection charges, e-mail transmission charges, data transfer (send/receive) charges, mobile connection charges or other incidental costs or expenses as may be applicable, inclusive or exclusive of any other service charges, applicable taxes, levies, duties, cess, etc. depending upon the service provider.
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ZEEL shall not be responsible for any errors or omissions in the Terms and Conditions contained herein. All information provided by ZEEL is provided “As is” without warranty of any kind. To the fullest extent permitted by applicable law, ZEEL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, ZEEL specifically disclaim any warranty (a) that the Platforms will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components that exist on the Platform (d) regarding the security of information submitted, and (e) regarding correctness, accuracy, or reliability
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If the Participant is found indulging in any malpractices such as cheating, misrepresentation, providing false information then the Entry of such Participant shall not be taken into consideration and strict legal action may be taken by ZEEL against such Participant. ZEEL further has the right to withdraw the Participant’s participation in the Contest in the event ZEEL believes or has reasons to believe that the Participant is (i) legally disabled (ii) had or has a criminal record (iii) has been involved in any moral turpitude including but not limited to sexual harassment, fraud etc.
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The Participant represents and warrants that there are no alleged, threatening, or pending litigation related to him/her which will impact ZEEL in any manner.
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Nothing stated in this Agreement shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision of this Agreement and any material statute, law, ordinance or regulation contrary to which the parties have no legal right to contract then the latter shall prevail but in such event the provisions of this terms and Conditions so affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
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If any provision of these Terms and Conditions is deemed invalid by any law or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and ZEEL’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. ZEEL reserves the right to amend these Terms and Conditions at any time and without notice, and it is the Participant’s responsibility to review these Terms and Conditions for any changes. The Participant’s use of the website following any amendment of these Terms and Conditions will signify its assent to and acceptance of its revised Terms and Conditions.
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ZEEL does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the Participant at any stage.
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The Participant understands the nature of the Contestant the Participant shall not under any circumstances use abusive language, obscene gestures, language containing sexual overtones, or make remarks with sexual inuendo or any defamatory statements against any person living or dead or ask any questions or make statements concerning the religion, caste, creed or sex during the Term of this Terms and Conditions & Conditions or anytime thereafter.
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The Participant represents, warrants and agrees that he/she shall at all times be in full and complete compliance with all applicable laws, statutes, acts, rules, customary norms.
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Any entry submitted by the Participant in connection with the Contest shall be irrevocable and not subject to challenge or appeal.
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ZEEL reserves the right to terminate and/or postpone the Contest without giving any prior notice to the Participant(s). Such decision shall be final and binding on the Participant(s) and the same shall not be disputed and/ or challenged in a court of law or otherwise.
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The Participant acknowledges that he/she has voluntarily chosen to participate in the Contest at his/her free-will without being under any coercion or duress, individually and jointly, and is willing to bear all risk, costs and consequences arising from such participation in the Contest.
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The Entry made by the Participant is non-transferable and non-exchangeable.
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The Participant or any person related to them shall not attempt to gain unauthorized access to the Participant accounts, servers or networks connected to ZEEL’s services by any means including but not limited to disrupt ZEELs services by uploading content which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource. The Participant or any person related to them agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support ZEEL or ZEEL services.
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In case the Participant is found to be in non-conformance of the Terms and Conditions and/or any of the terms of use, privacy policy etc. as mentioned on the website, then ZEE will be entitled to at its sole discretion disqualify the Entry received from that Participant. Such decision shall be final and binding on the Participant and the same shall not be disputed or challenged. The Participant shall solely remain liable for any action (criminal/civil) arising therefrom.
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ZEEL, all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies shall not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Entries (b) electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any disruptions, injuries, losses or damages caused by events beyond the control of ZEEL.
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Neither ZEEL nor the Channel shall be responsible in case of any kind of network problem, technical failure whatsoever and/or the data charges/costs charged by the network operator(s) and/or any other problems in connection with submission of the Entry or any kind of problems in relation thereto and the same shall not be disputed or challenged.
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ZEEL is empowered to take a decision on any case not covered by the present Terms and Conditions and the said decisions shall be considered as final and binding on the Participants.
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These Terms and Conditions, together with the any other terms of use, privacy policy on any platform of ZEEL, constitute the entire agreement between the Participant(s) and ZEEL in relation to the Contest and supersede all previous agreements in respect of the Participant’s participation. In the event of any inconsistency between any terms and conditions or Terms and Conditions contained herein and any other terms of use, privacy policy on any platform of ZEEL, the terms and conditions of this Term and Conditions shall control and govern to the extent of such inconsistency or ambiguity.
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ZEEL shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the production of the Program and/or conducting the Contest on account of any force majeure factors or otherwise.
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The employees, the immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren) of the employees, representatives, agents etc. ZEEL and/or its affiliates, associates, and/or group companies, advisors, advertising agencies etc. are strictly prohibited from participating in the Contest.