TERMS AND CONDITIONS

ZEE Entertainment Enterprises Limited (“ZEEL”a) is organizing “Happu Monsoon Bonanza Contest” (“Contest”) to be telecasted on the channel(s) of ZEEL viz. “&TV” or any other channel 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:

1. 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 (“Program”) from 10:00 pm to 10:30 pm Indian Standard Time (IST) on weekdays i.e. from Monday to Friday, for a period of 19 days starting from 07/08/2023 to 31/08/2023 (“Term”). However, ZEEL has the right to determine any changes in the Program or Term in a manner it deems fit.

2. The Contests will be promoted on &TV Channels, &TV’s social media platforms and any other medium as decided by ZEEL.

1. ELIGIBILITY

3. This Contest is open only to Indian Citizens who are above the age of 18 years and who are residing in India except those residing in Andhra Pradesh, Karnataka, Telangana, Tamil Nadu, Kerela, Puducherry, Andaman and Nicobar Islands, Lakshadweep at the time of conducting this Contest.

4. The Participant agrees to provide complete and correct information with respect to his/her name, phone number, e-mail address, passport, 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. 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 provision of such inaccurate information or withholding of information.

II. PROCEDURE TO PARTICIPATE IN THE CONTEST AND SELECTION OF WINNER

5. The Participant can participate in this Contest in the following manner:

• STEP 1: During the Term, one Contest question will be aired during every episode telecast of the Program from Monday to Friday between 10:00 pm – 10.30 pm during the Term. Each such Contest question will have 2 options “A & B” as answers. The Contest question will be based on the weekly track of the Program.

• STEP 2: Each answer option will carry a phone number along with it. Participants who desire to select option “A” as an answer to the Contest question will have to give a missed call on the number 8291829171 and Participant who desire to select option “B” as an answer to the Contest question will have to give a missed call 8291829172. Both the numbers will be flashed on the screen during the Contest question. Both the phone numbers will remain the same throughout the Contest.

• STEP 3: The Participant’s Entry will be considered submitted once a missed call on either of the aforementioned phone numbers for either of the options has been sent by the Participant.

• STEP 4: The Participants can submit their Entries for the Contest question only between 10:00 pm to 11:59 pm of the same day the Contest question is aired on the Channel (“Entry Time”).

• STEP 5: During the Term, ZEEL will select one winner on each day of the Contest from amongst the Participants who have sent the correct responses (“Daily Winner”). ZEEL will also select one winner every week during the Term from amongst the Participants who have answered minimum one Contest question correctly in the respective week (“Bumper Winner”).

• STEP 6: Each Daily Winner will receive an online e-gift voucher equivalent to such amount as may be determined by ZEEL at its sole discretion for the purposes of placing an online order towards purchase of a smartphone (“Daily Prize”); and each Bumper Winner will receive a two-wheeler (“Bumper Prize”) (together referred to as “Prize”). If a Participant has been declared as a Daily Winner, such Participant shall not be eligible for being selected as a Bumper Winner anytime during the Term.

6. From all the Participants who have sent the correct answers Daily Winners and Bumper Winner (together referred to as “Winners”) will be selected randomly by an automated system with no human intervention. By the end of the Term, there shall be nineteen (19) Participants selected as Daily Winners and four (4) Participants selected as Bumper Winners. Daily Winners shall be selected on a daily basis and Bumper Winner shall be selected on a weekly basis. The decision of ZEEL in connection with the selection process of the Winners 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.

7. The Winners of the Contest will be announced during the telecast of the Program and later on social media.

8. A Participant shall be declared as a Winner (irrespective of Daily Winner or Bumper Winner) only once. For abundant clarity, any Daily Winner is not eligible to be the Bumper Winner.

9. The Participants can submit their Entries for the Contest question only during Entry Time 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 will be run for. The Participant shall be solely responsible for reviewing these Terms and Conditions periodically for any updates.

10. ZEEL shall only award the Daily Winner with an online e-gift voucher of such value as may be determined by the ZEEL in its sole discretion and ZEEL shall not be obligated to provide any of the actual product(s), and/or any of the actual product(s) belonging to any specific price category to any of the Daily Winners.

11. It is further clarified that the value of the online e-gift voucher may or may not be in accordance with the actual product(s) chosen by any of the Daily Winners and the difference between the value of the online e-gift voucher awarded by ZEEL and the actual price of any of the product(s) shall be borne by the Daily Winners solely at his/her own cost and expenses.

12. ZEEL may award the Daily Winners with the online e-gift voucher of any online/ e-retail website as it may deem fit at its sole discretion, and the Daily Winners shall not be entitled to raise any objection in respect thereof and/or with respect to any of the terms and conditions governing the Contest including selection of Winners and gratification.

13. Upon receipt of the online e-gift voucher i.e. Daily Prize, the Daily Winners may place an online order of the smartphone within the e-gift voucher validity date, and shall not be entitled to use the said voucher for purchasing any other product/s. Delivery charges if any imposed with respect to delivery of the smartphone shall be solely borne by the Daily Winners if the same is not covered under the value of the online e-gift voucher so awarded by ZEEL.

14. Upon being declared a Winner, the Winner will be required to comply with the following prerequisites prior to being given the Prize by ZEEL:

• A copy of self-attested PAN Card (Mandatory for the Bumper Winners)

• A copy of self-attested Aadhar Card/Passport/Voter ID Card/ Driving License (Mandatory for the Daily Winners and Bumper Winners)

15. In addition to the above, in case ZEEL requires any additional documents/ information, for confirmation, ZEEL shall convey the same to the Winners and the Winners 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.

16. ZEEL shall only bear the ex-showroom price of the Bumper Prize i.e. the two-wheeler. The Bumper Winner shall be solely responsible for the expenses towards registration, any and/or all taxes, insurance and other related expenses with respect to the Bumper Prize without any recourse to ZEEL. Furthermore, the Bumper Winner shall personally collect the two-wheeler from the dealer as decided by ZEEL only after completing all processes required by ZEEL and after payment of required and applicable taxes and charges.

17. Any and/or all taxes applicable on the Bumper Prize under the Gift Tax Act, 1958 shall be borne by the Bumper Winner and paid to the concerned authority prior to the disbursement of the Bumper Prize.

18. ZEEL, any representative of ZEEL or any third-party appointed by ZEEL shall be responsible for the collection of documentation and all other applicable charges prior to the disbursement of the actual Prize.

19. The decision of ZEEL with respect to the brand, model, colour, value and dealer of the Daily Prize and the Bumper Prize shall be final and binding and shall not be disputed or challenged by the Winners.

20. Due to unforeseen business exigencies, if delivery of the Prize is delayed ZEEL shall not be responsible for the same and it shall be the respective Winner’s obligation to accept the gratification on the date specifically communicated by ZEEL/dealer authorised by ZEEL.

21. Bumper Winners must have a valid PAN card to claim the Bumper Prize and have to submit a copy of the same before receiving the Prize. Also, ZEEL will not bear any additional expenses in relation to the Prize except as mentioned herein above in relation to the Daily Prize and/or Bumper Prize.

22. ZEEL shall contact the Winners only once on the telephone numbers used by the Winner for participating in the Contest or via any other form of communication through details provided by the Winners. In the event that any of the Winners is not available/ reachable on the number provided, such Winner forfeits his/her right to the Daily Prize or Bumper Prize as applicable and ZEEL may in its sole discretion hand over such prize to another winner and the same shall be final and binding.

23. 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.

24. The Winners shall provide the details as required by ZEEL in the form and through the medium as instructed by ZEEL. ZEEL shall send the confirmation of the Prize to the verified Winners via email or any other form of communication as ZEEL may deem fit at its sole discretion.

25. If any of the 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. In the event Winner does not comply with the requirement to claim the two-wheeler within 7 days of intimation gratification will be forfeited and no claim shall be entertained.

26. 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.

27. 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 Winners of the Prize will be announced only after the Winners give their acceptance to compliance of the Terms and Conditions of this Contest. By participating and by submitting the Entries consisting of Participant contact or other details, you hereby grant ZEEL and the sponsor(s) of Program to use, process, retain and monetize the Entries for any purposes including commercial and marketing purposes.

28. The Winner shall only be eligible for the Prize after proper identification and verification. 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 Participant failing which ZEEL shall have the right to choose any other Winner as it deems fit.

29. Upon being selected as the Winner, the Participants will be required to share all self-attested identification and documents within 24 hours of intimation failing which ZEEL may select another Winner.

30. The Prize shall not be transferable and not be redeemable for kind. No request shall be entertained by ZEEL in this regard. ZEEL disclaims any liability arising from the Prize. Further ZEEL is not responsible for bearing any charges arising from the Prize including but not limited to delivery, insurance etc.

31. The Participants expressly agree 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.

32. 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

33. 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.

34. 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.

35. ZEEL accepts no responsibility for any non-delivery of the Prize.

36. ZEEL accepts no responsibility if the Prize is not availed by the Participant within the applicable time mentioned above.

37. 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.

38. ZEEL shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize.

39. 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.

40. The Participant agrees and acknowledges that for the purpose of the Contest, ZEEL and its representatives may gain access to personal information of the Participants. 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.

41. 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

42. 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.

43. 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.

44. Participation in this Contest implies acceptance of all the Terms and Conditions of this Contest.

45. 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.

46. 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 and Conditions governing the Contest will be published by 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.

47. 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.

48. 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.

49. Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and ZEEL.

50. 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.

51. 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 Contest 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.

52. 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.

53. 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.

54. 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/website 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/website (d) regarding the security of information submitted, and (e) regarding correctness, accuracy, or reliability.

55. 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.

56. 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.

57. Nothing stated in this Terms and Conditions 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 Terms and Conditions 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.

58. 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.

59. ZEEL does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the Participant at any stage.

60. The Participant understands the nature of the Contest/ Audition and 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. 

61. 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.

62. Any entry submitted by the Participant in connection with the Contest shall be irrevocable and not subject to challenge or appeal.

63. 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.

64. 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 .

65. The Entry made by the Participant is non-transferable and non-exchangeable.

66. 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 agrees 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.

67. 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 Platform, then ZEEL 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.

68. 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.

69. 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.

70. 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.

71. 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 contained herein and any other terms of use, privacy policy on any platform of ZEEL, the terms and conditions of this Term & Conditions shall control and govern to the extent of such inconsistency or ambiguity.

72. ZEEL shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the production of the Event and/or conducting the Contest on account of any force majeure factors or otherwise.

73. 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.