TERMS AND CONDITIONS FOR LOVE ME INDIA- CALL FOR ENTRY
“Love Me India” is a unique reality music program (“Program”) being produced by Zee Entertainment Enterprises Limited (“Company”) to be telecast primarily on the channel of the Company titled “&TV” (“Channel”). By means of these terms and conditions set forth herein (“Terms and Conditions”), the Company is providing an opportunity to participant(s) aged between 5 (five) to fifteen (15) years to register for the preliminary auditions of the Program (“Activity”), to be held by Essel Vision Productions Ltd. – the production house engaged by the Company (“Production House”). Terms and Conditions must be read and accepted by the parent/legal guardian of the Participant(s) (“Guardian”) and the Participant(s). The registration to participate must be completed through the Company’s website being http://andtv.zee5.com/register (“Entry Platform”). By submitting your Entry (as defined below) through Entry Platform on terms more particularly described herein below, parent/legal guardian of the Participant(s) and the you agree to be unconditionally bound by the Terms and Conditions as provided herein below:
PROCEDURE FOR PARTICIPATION AND SELECTION FOR THE ACTIVITY:
- In order to participate in the Activity, each interested participant (“Participant(s)”) shall be required to submit his/ her entry (“Entry/Entries”) during the Activity Period in the manner specified below. For the avoidance of doubt, it is hereby clarified that by submitting the Entry the Participant is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.
- To submit the Entry the Participant shall be required to follow the process as stated herein:
- The interested Participant shall be required to visit the Entry Platform and fill in her/his Entry by typing out all the required personal information such as name, address, age, phone number, email address and other details (collectively referred to as the “Personal Information”) and insert a Video Link(s) (as defined hereunder) of Participant(s) singing performance as mentioned in a registration form (“Form”) posted on the Entry Platform by the Company and submit the Form by clicking on “submit” button during the Activity Period.
- The Participant(s) is required to record his/her singing performance video (audio-visual version) and upload/submit/post on any of the social networking platform more particularly on their registered (i) Facebook account or (ii) Twitter account or (iii) YouTube or (iv) Google Drive or (v) on any video hosting services websites. The Participant are required to paste/insert the same link of their solo singing video (not exceeding 120 seconds )in the Form prior to submission. (“Video Link”)
- A complete and valid Entry will only constitute when the Participant visits the Entry Platform and submits the Personal Information along with the Video Link by clicking on “submit” button. For the sake of clarity, any automated receipt confirmation received by the Participant would not constitute proof of actual receipt.
- The Participant shall be required to refer and accept to the Terms and Conditions as detailed under the title of ‘Terms and conditions for Love Me India’ on the Entry Platform.
- In addition to submission of Entries, the Company may invite the Participants for participation in the Program, through other platforms as well. The Company shall at its sole discretion, extend the participation and selection of the participants through other modes/Entry Platform/manners other than via Entry Platform.
- Entries via the Entry Platform, shall be accepted from June 19, 2018 at 23:30 IST till July 20, 2018 at 23:59 IST (“Activity Period”). Such Activity Period may be further revised i.e., extended or reduced, at the sole discretion of the Company and the Company shall not be liable for any consequences including loss of opportunity suffered by the Participant(s) due to such revised Activity Period.
- The Company hereby confirms that this Terms and Conditions is only a call for Entries and mere submission of Form on the Entry Platform does not confirm guaranteed participation and/or selection, of the Participant(s), in the Activity and/or the Program.
- The Company shall 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 be deemed fit by the Company, at its sole discretion, stating the mechanism in which the Participant can participate in the Activity.
- It is further clarified that the details of the Entry will be saved and stored in the Company’s data bank/ server to be utilized and publicized only for the purpose of the Activity.
- It is clarified that each Participant shall submit only one (1) Entry during the Activity Period. Entries received from the Participant(s) which is contrary to the terms contained herein above or after the Activity Period of the Activity shall be considered null and void.
- 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 (living or dead), 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 in a defamatory manner;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant(s) agrees that the Company has the right to remove any such material/Post which may not be in consonance with applicable law.
- The Company shall not be responsible for any Entry submitted by the Participant but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or network provider’s connection failure and/or electricity failure and/or any reason whatsoever.
- The Participants shall ensure that the participation in the Activity shall be in accordance with applicable laws and does not infringe rights of any third party.
- After the end of the Activity Period, on the basis of the Participant(s) having made a valid Entry in accordance with the terms mentioned above, the Company at its sole discretion shall shortlist several Participants(s) (“Shortlisted Participant(s)”) for participation in the Activity. For avoidance of doubt, it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the Shortlisted Participant(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 determine the number of Shortlisted Participant(s) to be selected by the Company for preliminary auditions of the Program. For the sake of clarity, this Terms and Conditions is only a call for Entries and mere registration of the interested Participant on the Entry Platform does not confirm guaranteed participation and/or selection of the Participant(s) in the Activity and/or the Program. Only the Participant(s) who have made a valid Entry on the Entry Platform before the end of the Activity Period and has been shortlisted by the Company, shall get a chance to proceed further for the selection process in the Activity.
- The Company and /or by any other agency on behalf of the Company shall make only one (1) attempt to intimate the Shortlisted Participant(s) considered for further participation in the Activity by calling on the mobile number mentioned in the Form. (“Intimation Call”). For the sake of clarity, the expenses for traveling to the location of the Activity and/or any other ancillary expenses in relation to the Activity incurred by the Shortlisted Participant(s) shall solely be borne by the Shortlisted Participant(s), without any recourse to the Company in any manner whatsoever.
- Intimation Call to each Shortlisted Participant shall mention the detailed address of the location, the dates and timings of the Activity and the Documents that will be required to be carried along for the Activity by the Shortlisted Participant(s). The Shortlisted Participant(s) are required to adhere to the verification process of the Company at the location where Activity will held which inter alia shall include original copies of their age proof, residence proof and their nationality proof (i.e., driving license, Aadhar card, pan card, passport, election card, electricity bill, ration card) (“Documents”). Additionally, the Guardian(s) shall be required to provide the Company and/or the Production House requisite documentation i.e., original copy of passport, birth certificate or PAN Card, evidencing the relationship with the Participant(s).
- In the event the Shortlisted Participant(s) fails to carry the Documents, the Shortlisted Participant(s) shall be denied entry to the Location and may not be allowed to participate in the Activity if decided by the Company. Additionally, the Company may at its sole discretion select another Participant from amongst the eligible Participant(s).
- For avoidance of doubt, it is clarified that apart from the aforementioned, the Shortlisted Participant(s) shall be not entitled to any other opportunity to be selected directly for participating in the Program or otherwise. Further, it is clarified that the Company shall not charge the Participant any admission fees for participating in the Activity and/or Program.
- The Entry made by each Participant is non-transferrable and non-exchangeable. The Participant(s) agrees and undertakes that no cash equivalent or alternatives will be given to the Participant(s).
- The Participant shall not in any circumstances make any claims against the Company and/or the Production House 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, to the Participant’s participation in the Activity or any related activity, to the extent permitted under law.
- 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 Program and/or the Activity.
- No dispute shall be entertained with regards to the Entry submission mechanism/ criteria and selection process. Decisions of the Company and/or the Production House shall be final and binding on the Participants.
- The Participant will have to sign the appearance release form, non-disclosure agreement and/or such other documents as required by the Company in order to participate in the Activity of the Program.
- All information requested by and supplied to the Company by the Participant must be truthful, accurate and in no way misleading, failing which the Company and/or the Production House reserves at its sole discretion the right to disqualify any Participant from availing this opportunity.
GENERAL TERMS AND CONDITIONS
- Each Participant should (i) be citizen of India; (ii) be within age group between 5 (five) years to 15 (fifteen) years as on June 24, 2018 (iii) be medically fit (iv) not have any criminal conviction and (v) not have an arrangement or a contract with any third party that prevents the Participant(s) from participating in the Activity.
- Guardian(s) and/or the Participant(s) shall have reviewed the Terms and Conditions in its entirety. Participation of such minors shall mean that his/her parents and/or legal guardian have reviewed and agreed to the Terms and Conditions hereof. The Guardian shall be fully liable for all obligations/representations and warranties as specified under this Terms and Conditions for his/her child’s participation in this Activity.
- If the Participant is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
- Guardians of the Participants shall accompany the Participant at the Location on the date and time specified on the Intimation.
- Guardians/Participant(s) must enter the details on their own behalf and Entry (ies) by proxy will not be accepted.
- The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Activity without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Activity on the Entry Platform, from time to time.
- By participating in the Activity, the Participant represents that they are medically fit and do not have present or past psychological problems. If in the past, Shortlisted Participant(s) has had any psychological problems or have been under medication for any psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to the Company in writing along with a copy of the certificate from a qualified medical practitioner declaring him to be fit for participation in the Activity.
- The Participant(s) shall not be eligible for the Activity if he/she is suffering from any kind of critical health problem.
- 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. That the Participant(s) 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 Program (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 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 being eligible to get the opportunity of participating in the preliminary audition for the Program.
- Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the dates for such Activity and at such date and place as it may determine and the Participant shall be required to be physically present on such rescheduled date and place in order to avail the opportunity to participate in the preliminary audition for the Program. If the Participant fails to be present on such rescheduled date and time then the Participant shall be considered to have lost his chance to participate in the preliminary auditions of the Program and the Company shall in no event be responsible to address the Participants’ claim or communications relating to the Activity.
- At no point of time will the Company be obliged to notify unsuccessful Participant(s) of its decision.
- The Participant 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 and/or Program (“Promotional Activity”) of any nature whatsoever without any money payable to the Participant. Further, the Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Participant 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 Participant in consideration of being afforded an opportunity to take part in the Activity, agrees that the footage of any nature with regard to the Participant 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 specifically agrees, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video) the participation process/performance at Activity, including but not limited to the performance and any interaction of the Participant with the Company or fellow Participant or any judges and/or representative of the Company, if any, of the Participant(s) rendered during entire Activity or any related series of video recordings which have been shot during the Activity on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participants (“Footage”) and agrees that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.
- The Participant(s) shall hold harmless and indemnify, the Company, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma or lost opportunity suffered by the Participant(s) in connection with the Activity 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 Participant(s) and/or Shortlisted Participants shall hold harmless and indemnify the Organizers 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/Production House in connection with any act of the Participant(s)/ Shortlisted Participant and/or the Activity and/or Entry and/or any third-party rights claims with respect to the material submitted by the Participant(s)/ Shortlisted Participant(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 provisions 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
- The Company is in no manner whatsoever responsible and/or shall not be held liable, for any lost opportunity, any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Program.
- The Company, shall be under no liability whatsoever to the Participants and/or Guardians, in respect of any loss, damage suffered by the Participant and/or Guardians arising from or pursuant to the Program or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant and/or Guardians at any stage of the Activity whether or not caused (1) by the Participant’s participation in the Activity/Program, or being selected or disqualified including loss of opportunity, loss of earnings, employment or otherwise caused to the Participant and arising as a result of his/her participation in the Program, if selected; (2) as a result of the decisions of the Company; (3) as a result of any comment, remark, judgment, view, criticism, critique, opinion and/or observation made and/or passed by the Company; (4) by any printing, typographical or technological errors in any materials associated with the Program and/or (5) enroute while coming to the Location. 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 and/or Guardian; or circumstances beyond the Company’s reasonable control.
- The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant Participant/Shortlisted Participant(s) arising as a result of his/her participation in the Activity.
- The Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the production of the Program 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 Participant while participating in the Activity.
- The Participant/ Shortlisted Participant(s) 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/ Shortlisted Participant(s)