TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE ACTIVITY
“Bhabi Ji Ghar Par Hai” is comedy fiction show in Hindi language (“Program”) produced by ZEE Entertainment Enterprises Limited (“Company”) telecast on channel of the Company titled “&TV” (“Channel”). By means of these terms and condition set forth herein (“Terms and Conditions”), the Company is conducting a promotional activity named “-Khel Khel Mein Shaadi ” whereby the Company is providing an opportunity to the interested viewers of the Program (“Participant(s)”) to participate and answer a multiple choice question asked each day during the Activity Period (as defined hereunder) of the Program on the SMS Code (defined below) and get a chance to win the Gratification (as defined hereunder) (“Activity”) on terms more particularly described herein below. Each Participant is required to send/submit the answer via SMS on the code “57575” (referred as “SMS Code”). By submitting your Entry (as defined below) during the Activity Period through the SMS Code on terms more particularly described herein below, you agree to be unconditionally bound by the Terms and Conditions as provided herein below:
- PROCEDURE FOR PARTICIPATION AND SELECTION
- In order to participate in the Activity, each Participant is required to answer a multiple choice question (“Question”) which shall be based on the particular episode of the Program. Each Question shall be displayed on the television screen at the end of the telecast of that episode during each day of the Activity Period (as defined below). Each Question shall have four (4) options i.e. A, B, C and D whereby only one option shall be the correct answer. The Participant shall be required to choose and submit the correct answer to the Question via the Short Code at the end of each episode of the Program during the Activity Period. For sake of clarity, there shall be total of 4 (four) Questions that are asked during the Activity Period, all of which must be answered via the Short Code by the Participant in accordance with the Start Date and End Date as mentioned in Clause I (4) to further progress in the Activity and have a chance to win the Gratification (“Entry”).
- The Participant from their registered mobile number (from any network service provider providing telecom services in particular territory) shall be required to submit the answers of each Question during the timeline mentioned in Clause I (4) and Clause I (5) via the SMS Code only in the following manner:
|Episode||Question(s)||Format of Answer|
|Ep.888||Question 1||“BGPH<space>1A/1B/1C/1D<space>Participant Name<space>City Name”|
|Ep.889||Question 2||BGPH<space>2A/2B/2C/2D<space>Participant Name<space>City Name”|
|Ep.890||Question 3||BGPH<space>3A/3B/3C/3D<space>Participant Name<space>City Name”|
|Ep.891||Question 4||BGPH<space>4A/4B/4C/4D<space>Participant Name<space>City Name”|
- The Activity Period for the Activity shall start at 22:30 IST on July 24, 2018 and continue till 21:00 IST on July 28, 2018 (“Activity Period”). The Activity Period may be extended further at the sole discretion of the Company.
- Start Date and End Date for submitting the Entry for each episode of the Program is as under:
|Start Date||End Date|
|July 24, 2018||July 24, 2018 at 22:30 IST||July 25, 2018 at 21:00 IST|
|July 25, 2018||July 25, 2018 at 22:30 IST||July 26, 2018 at 21:00 IST|
|July 26, 2018||July 26, 2018 at 22:30 IST||July 27, 2018 at 21:00 IST|
|July 27, 2018||July 27, 2018 at 22:30 IST||July 28, 2018 at 21:00 IST|
- Participant(s) sending Entry in correct format as mentioned in Clause I (2) will receive an automated message from the same SMS Code stating “Thank you for participating. Keep watching BhabiJi Ghar Par Hain. T&Cs apply. For T&Cs, logon to http://www.zee5.com/bgphtncs”. If the Participant submits the Entry in an incorrect format then the Participants’ incorrect Entry submitted through SMS, shall be considered to be incomplete and shall be considered null and void. In such events where the Participant submit Entry in incorrect format, an automated message may be sent to the Participant stating “You have entered the wrong keyword. Please enter the correct keyword and send it to 57575.”.
- The SMS shall be charged at premium rates laid down by respective telecom operators whose services are availed by the Participant(s). It is hereby clarified that registration to participate in the Activity shall be free of charge to Jio subscribers. In event of any other charges levied by any network provider/ telecom operator for submitting the SMS, the said additional charges shall solely be borne by the Participant. The Participant understands and agrees that if the Participant is in roaming telecom network i.e. a different circle/zone then additional roaming charges may be levied basis respective network provider/ telecom operator
- 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 the details of the Entry may be publicized on the Channel owned or operated by the Company and /or any other platform/medium.
- For purposes of the Activity, “receipt” of the Entry shall be considered by the Company only when SMS system of respective network providers of the mobile number of the Participant successfully records SMS submitted by the Participant on the SMS Code provided by the Company. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt.
- For the purposes of the Activity, a complete and valid Entry will constitute of submitting answer to all the 4 (four) Questions that shall be asked during the Activity Period, all of which must be answered via the Short Code by the Participant in accordance with the Start Date and End Date as mentioned in Clause I (4). If the Participant(s) fails to make the Entry in the manner as stated hereinabove and/or is not a resident of India and/or has violated any guidelines published by the Company, 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.
- It is clarified that each Participant shall be free to send/submit Entry via the SMS Code innumerable times each day during the Start Date and End Date throughout the Activity Period for the Question asked during the first telecast of the episode of the Program during each day of the Activity Period. Entry received from the Participant(s) which is contrary to the terms contained in Clause I (1) Clause I (2) and Clause I (10) via the SMS Code during or after the Start Date and End Date throughout the Activity Period shall be considered null and void. It is clarified that submitting multiple Entries shall not make the Participant(s) eligible to win the Gratification and/or increase the chance of winning the Gratification and that the Company shall have the sole and absolute rights to decide on to which Entry (out of multiple entries) of the Participant to be considered.
- The Participants shall ensure that the Entry submitted is decent, in compliance with applicable laws, and is not 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 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.
- At the end of the Activity Period, on the basis of the Participant(s) having made a valid Entry (in accordance with Clause I (10)) and submitted correct answers via the SMS Code to all the 4 (four) Questions in accordance with the Start Date and End Date as mentioned in Clause I (4) during the Activity Period, the Company shall by way of a randomizer round, to be held at the sole discretion of the Company, shortlist and select 2 (two) Participants (“Winners”) who shall receive complementary stay tentatively in “Kumarakom, Kerala for 3 days and 2 nights between September 25, 2018 to September 27 , 2018 which is subject to change by the Company at its sole discretion and shall only include the following (i) economy class airfare (to and fro); (ii) local airport transfer in Kumarakom, Kochi; (iii) stay in a hotel (as decided by the Company); (iv) food and beverages (excluding alcohol); and (v) one day local sight-seeing; shall be from the Company as the gratification to participate in the Activity (“Gratification”). Each Winner shall be allowed to bring along 1 (one) person to the trip. It is clarified that the Winner and the one person of Winner’s choice shall be fully responsible for any cost involved in traveling to and from his/her resident to the airport and all other cost save and except the cost mentioned hereinabove. For avoidance of doubt, it is clarified that apart from the Gratification, the Winner(s) shall be not entitled for any other gratification/ opportunity whether monetary or otherwise. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the 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
- 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 Winner(s) to be selected by the Company for being entitled to receive the Gratification. For the sake of clarity, mere submitting an Entry on the SMS Code during the Activity Period does not entitle the Participant(s) to receive the Gratification. Only the Participant(s) who have made a valid Entry (in accordance with Clause I (10)) and correctly submitted right answers on the SMS Code to all the 4(four) questions in accordance with the Start Date and End Date as mentioned in Clause I (4) during the Activity Period shall get a chance to proceed further for the selection process in the Activity.
- 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 directly calling on mobile number from which the Participant submitted its Entry via the Short Code (“Intimation Call”) during the Activity Period.
- 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 and their nationality proof (i.e., permanent driving license, pan card, Aadhar card, passport, election card) (“Documents”). Furthermore, the Winner shall be required to (i) furnish personal details and documents such as age proof, residence proof, latest mobile phone bill and their nationality proof (i.e., permanent driving license, pan card, Aadhar card, passport, election card) about the person that shall be travelling with the Winner for the trip (ii) confirm their availability for the dates on which the trip shall be organized by the Company. 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 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 each Winner about the selection as one of the Winner of the Activity and that he/she shall be entitled to the Gratification as mentioned hereinabove.
- Notwithstanding anything contained herein above, the Company shall not be liable in any manner whatsoever to any of the Winner on occurrence of any of following event:
- Winner(s) confirms his/her availability along with the person of Winner’s choice but does not turn up on the trip dates informed by the Company during Intimation Call and confirmed by Winner thereto or
- Winner is not available to travel for any reason whatsoever on the dates informed by the Company during Intimation Call or
- Misrepresentation or concealment or falsification of PI/Documents submitted by the Winner(s) or
- Any other reason found by the Company during and after the Intimation Call with the Winner(s).
It is clarified that in the event Winner is unavailable for the trip for any of the aforesaid reason, the person of Winner’s choice shall not be eligible to travel as Gratification given to the Winner(s) by the Company is non-transferrable, non-exchangeable and personal in nature, hence the Winner cannot transfer the opportunity to any other person. 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.
- 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 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. 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 obligation on the Company.
- All PI and Documents requested by and supplied to the Company by each Participant/Winner must be truthful, accurate and in no way misleading, failing which the Company reserves at its sole discretion the right to disqualify any Participant/Winner from availing the opportunity to participate in the Activity.
- GENERAL TERMS AND CONDITIONS
- Participation is open to all Indian citizens (i) residing in the state of either Maharashtra or Madhya Pradesh or Himachal Pradesh or Uttar Pradesh or Gujarat or Rajasthan or Punjab or Chhattisgarh or Haryana or Delhi or Uttaranchal or Chandigarh or Bihar or Jharkhand (ii) who are above 18 (eighteen) years of age (as on July 24, 2018) (iii) who are medically fit; (iv) who 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(s) on demand by the Company.
- Persons must enter the details on their own behalf and 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 http://www.zee5.com/bgphtncs (referred as “Website”).
- Each Participant hereby undertakes, warrants and guarantees to the Company that he/she has the full legal capacity to participate in the Activity in accordance with law and also these Terms and Conditions.
- By participating in the Activity, each Participant represents that he/she is medically fit and does not have present or past psychological problems. If in the past Participant 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 the Participant to be fit for participation in the Activity.
- Each Participant shall not be eligible as a Participant for the Activity if he/she is suffering from any critical health related issues.
- The 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 and 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 (save and except the cost mentioned in Clause I (14)) 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, to cancel the Activity and/or reschedule the Activity and/or dates change the destination of the trip mentioned in Clause I (14).
- 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 Winner(s). 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, 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(s) 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 Winner(s)/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)/ Winner(s) and/or the Activity and/or Entry by Participant via SMS Code and/or any third-party rights claims with respect to the material/answer submitted by the Participant(s)/ Winner(s).
- 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 Activity or while availing the Gratification.
- 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 and/or (4) while availing the Gratification. 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(s)/Winner(s) 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(s) 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.