TERMS AND CONDITIONS
ZEE Entertainment Enterprises Limited (“ZEEL”) is organizing “&TV Sona Jeeto Contest” (“Contest”) to be telecasted on the channel(s) of ZEEL viz. “&TV” or any other channel owned by ZEEL (“Channel”) for the show Ek Mahanayak – Dr. B.R. Ambedkar.
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 “Ek Mahanayak – Dr. B.R. Ambedkar” program (“Program”) from 8:30 PM to 9:00 PM Indian Standard Time (IST) for a period of 20 days starting from 3rd April 2023 to 28th April 2023 on weekdays, i.e Monday to Friday (“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 Social media platforms and any other medium as decided by ZEEL.
3. This Contest is open only to Indian Citizens who are resident 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 and above the age of 18 years.
4. The Participant agrees to provide complete and correct information with respect to his/her name, detailed address ,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. 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. 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
5. The Participant can participate in this Contest in the following manner:
● STEP 1: During the Term, one Contest question will be aired on &TV during each episode telecast of the Program. Each Contest question will be aired on &TV during the episodic telecast of each Program between 8.30 PM to 9:00 PM from Monday to Friday with two (2) options (A & B) as an answer.
● STEP 2: The question will be asked based on the content of that particular episode of the Program and two options will be given in the form of option A and option B. Participants who desire to participate in the Contest will have to submit their Entry via giving a missed call either on 9152915230 for option A and on 9152915231 for option B, which shall be flashed below the question given during the episodic telecast of the respective Program. To submit and register an answer the Participant must provide a missed call on either of the aforesaid numbers from 8:50 PM – 11:59 PM only. Both the numbers shall remain same throughout the Term of the Contest.
● STEP 3: ZEEL will select five (5) Winners (defined below) per day amongst the correct responses received on a random basis by an automated system and there will no human intervention/choices. For sake of clarity, there will be a total of hundred (100) Winners at the end of the Contest.
● STEP 4: The Winner will get Tanishq gold e-vouchers (“Prize”) worth INR 5000/- which Prize shall be emailed to the Winners after verification of the documents. The Prize can be redeemed only by the winner by visiting any nearby Tanishq store and purchasing a gold item. For the sake of clarity the Prize shall be valid for 6 months starting from the date of issue on the e-voucher.
6. From all the Participants who have sent the correct answer, five (5) Participants who have sent the correct answer will be selected as the Winners from Monday to Friday. The five (5) Winners for each day of the respective episode of the Program will be announced daily on the subsequent day of the Contest (“Winner(s)”) during the Term of this Contest. For sake of clarity, the Winners of Friday will be announced on Monday. Furthermore, the Winners of days of public holiday, i.e. 7th April will be provided on the next working day i.e.10th April 2023. ZEEL may change any day of declaration of Winners upon its sole discretion. The decision of ZEEL’s which is on a random basis by an automated system 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. ZEEL may change any day of declaration of Winners upon its sole discretion.
7. Each Participant shall be declared as a Winner only once during the Contest Period.
8. ZEEL shall contact the Winners on the telephone numbers 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.
9. 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.
10. 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.
11. 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.
12. The question will be displayed on the screen during the Episode and will be present for 10-20 seconds on the screen. The Entries shall be sent latest within 8:50 PM to 11:59 PM from completion of telecast of the episode and only such Entries will be considered valid. Entries received after the timeframe mentioned above will be considered invalid, null and void.
13. 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 give acceptance to the compliance of the Terms and Conditions of this Contest uploaded on ZEE social media platforms and grant ZEEL and the sponsor(s) of Program to use, process, retain and monetize the Entries for any purposes including commercial and marketing purposes. The Participant(s) acknowledge that by submitting their Entries, the Participant(s) 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. The Participants hereby waive any and all rights and undertake that they shall not object to ZEEL’s use of the Entries in any manner.
14. ZEEL shall email the Prize i.e. the e-voucher after the Winner sends required document(s) as listed under the email sent to the Winner and the same is/are verified. For the sake of clarity, the Winner shall have to email all the required document(s) listed. The Prize would be emailed by ZEEL only after proper identification and verification.
15. Upon being declared a Winner, the Winners will be required to comply with the following prerequisites prior to being given the Prize by ZEEL:
● Furnishing his/her name, address, email id ,age, sex, contact number;
● A copy of his/her self-attested Photo identity card such as Aadhar Card / Voter Card / Permanent driver’s license / Valid Passport;
● Any valid Proof of address.
16. 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.
17. 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.
18. 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.
19. 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
20. 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.
21. 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.
22. ZEEL accepts no responsibility for any non-delivery of the Contest Prize.
23. ZEEL accepts no responsibility if the Prize is not availed by the Participant within the applicable time.
24. 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.
25. ZEEL shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize.
26. 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.
27. 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.
28. 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 because of the possession or use of Prize won in the Contest.
IV. OTHER TERMS
29. 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.
30. 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.
31. Participation in this Contest implies acceptance of all the Terms and Conditions of this Contest.
32. ZEEL reserves the absolute right to modify, amend or alter the rules governing the Contest 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.
33. 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.
34. 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.
35. Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and ZEEL.
36. 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.
37. 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 Period 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.
38. 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.
39. 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.
40. ZEEL shall not be responsible for any errors or omissions in the Terms and Conditions contained herein. All information provided 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.
41. 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 a 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.
42. 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.
43. 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 Agreement so affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
44. 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.
45. The ZEEL does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the Participant at any stage.
46. The Participant understands the nature of the Contest shall not under any circumstances use abusive language, obscene gestures, language containing double meaning or sexual overtones, 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.
47. 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.
48. Any entry submitted by the Participant in connection with the Contest shall be irrevocable and not subject to challenge or appeal.
49. 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.
50. 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
51. The Entry made by the Participant is non-transferable and non-exchangeable.
52. 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.
54. 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.
55. 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.
56. 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.
58. 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.
59. 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.