TERMS AND CONDITIONS GOVERNING PUBLIC VOTING ACTIVITY TO BE CONDUCTED ON FOR PROGRAM TITLED “High Fever – Dance Ka Naya Tevar”
“High Fever – dance ka naya tevar” is a unique reality dance show (“Program”) being broadcasted by Zee Entertainment Enterprises Limited (“Company”) to be telecast on its channel named “&TV” (“Channel”), giving an opportunity to the participants to showcase their dancing talent and participate in the Program to compete against other fellow participants to become the winner of the Program. By means of these terms and condition set forth herein (“Terms and Conditions”), the Company is providing an opportunity to the viewers of the Program to participate in the voting process to be carried out by the Company to determine the favorite/ preferred dancing jodi (“Jodi(s)”) competing against other dancing jodi to become the winner of the Program (“Voting Activity”). The Voting Activity shall be carried out by the Company through (i) Missed Call Voting on the unique numbers given below for each Jodi and/ or (referred as “Missed Call”) (ii) short messaging system by sending/submitting the vote with the code numbers given below for each participant via SMS on the code “57575” (referred as “SMS Code”) (iii) website voting on Company’s webpage being www.zee5.com/highfever/, it is clarified that website voting shall include voting from world wide web (web) and wireless application protocol (wap) (referred as “Company’s Website”) and (iv) MyJio Application made available by Reliance Jio Infocomm Limited (“RJIL”) for the purposes of voting in this Program(referred as “MyJio App”) (individually referred to as the “Voting Platform” and collectively referred to as the “Voting Platforms” and in the case of MyJio App, shall mean and include RJIL, which is making available the said application). By submitting your Voting Entry (as defined below) through any of the Voting Platforms 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 IN THE VOTING ACTIVITY:
- In order to participate in the Voting Activity, each interested viewer (“Voter(s)”) shall be required to submit his/ her vote by any of the Voting Platforms by submitting/recording his/her vote in the correct manner as is detailed in the Terms and Conditions (“Voting Entry”).
- To submit the Voting Entry, the Voter shall be required to follow any one and/ or all of the following manner:
- Missed Call Voting Entry:
- To submit the Voting Entry, the Voter shall be required to give missed call on the unique numbers given below for each Jodi(s) from the Start Date/Start Time (as defined below) continuing till End Date/End Time(as defined below) during the Activity Period.
- The unique missed call number for each Jodi for the purpose of submitting Voting Entries are as follows:
|Sr. No.||Jodi Name||Missed Call Number|
|1||Ashish Rutuja||0 72 404 666 81|
|2||Tara Nisha||0 72 404 666 82|
|3||Akash Suraj||0 72 404 666 83|
|4||Neha Kantika||0 72 404 666 84|
|5||Tron Brothers||0 72 404 666 85|
|6||Tejas Anshul||0 72 404 666 86|
|7||Faizan Likhit||0 72 404 666 87|
|8||Saurabh Vibhuti||0 72 404 666 88|
|9||Anushka Gaurav||0 72 404 666 89|
- Short Messaging Services (SMS) Entry:
- The Company shall provide every Jodi(s) eligible to participate in the Program with a unique code (“Jodi Code”) for the purpose of receiving votes which are as mentioned below. The interested Voter shall be required to send a message by typing “Jodi Code” using short messaging service from the Voter’s registered mobile number (from any network service provider providing telecom services in particular territory) to SMS Code from the Start Date/Start Time (as defined below) continuing till End Date/End Time (as defined below).
- Thereafter the Voter sending SMS in correct format as aforementioned will receive an automated message from the same SMS number stating “Thank you for voting “XYZ” on High Fever. For T&Cs, logon to zee5.com/highfever/tnc. Keep watching &TV”. If the Voter submits the SMS in an incorrect format then the Voter’s Voting Entry through SMS will be considered incomplete and the Voting Entry shall not be considered for that particular episodes Voting Activity. In such events where the Voters submit SMS in incorrect format, an automated message shall be sent to the Voter stating “Dear User, You have entered the wrong keyword. Please enter the correct keyword and send it to 57575”.
- For submitting the Voting Entry through SMS, premium rates shall be applicable to the Voter(s). The premium rates applicable for all the telecom providers shall be INR 3/-(Indian Rupees three only), except for RJIL network subscribers, wherein no charges shall apply for submitting the Voting Entry through SMS.
- It is clarified, in event of any other charges levied by any network provider/ telecom operator for submitting the Voting Entry via SMS Code, the said additional charges shall solely be borne by the Voter. The Voter understands and agrees that if the Voter is in roaming telecom network i.e. a different circle/zone/country, additional roaming charges may be levied basis respective network provider/ telecom operator.
- For the purposes of the Voting Entry made through SMS Code a complete and valid Voting Entry will constitute when the Voter send/submits the message in the manner as set hereinabove and the said Voting Entry through SMS Code is recorded with the Voter’s network provider/ telecom operator
- The SMS Codes for voting for each Jodi for the purpose of submitting Voting Entries are as follows:
|Sr. No.||Jodi Name||Jodi Codes|
- Company’s Website Voting Entry –
To submit the Voting Entry via the Company’s Website, the Voter shall be required to log onto website being www.zee5.com/highfever/ and click on the page/online form/post created for casting votes and submit his / her Voting Entry for his/her preferred/favorite Jodi(s), by filling on the necessary personal information on the first page of the Website more particularly his/her name, city , mobile number, email address (collectively to be referred as “Personal Information”) and click on “submit” button. Once the Voter has successfully submitted the Personal Information of the first page, the Voter shall be directed to the second page of the Voting Platforms whereby the Voter shall be required to vote for his/her preferred/favorite Jodi(s). Once the Voter has selected one Jodi, the Voter shall be required to click on the “submit” button and submit the Voting Entry on the Company’s Website Voting Platform . Upon successful submission on the Voting Entry, the may see an acknowledgement message stating “Thanks for your vote.”
- MyJio App Entry :
- To submit the Voting Entry on MyJio App, the Voter shall be required to download MyJio App on their devices and successfully login on the MyJio App using their registered mobile number.
- Voter will then be required to launch MyJio App on his/her device. The Voter shall be further required to click on the voting banner of the Program on the homepage of the MyJio App (“Banner”). Clicking on the Banner the Voter shall be directed to the voting page of the Program. The Voter shall be required to submit the vote for his/her favorite Jodi on this page between the Start Date/Start Time(as defined below) to End Date/End Time(as defined below) throughout the Activity Period.
- RJIL shall furnish to the Company, and/or Official Tabulators appointed by the Company, data provided by the Voters, relevant only to the Voting Entry, and the Voter hereby expressly consents to the sharing of any such data to the Company and/or its Official Tabulators.
- The Company and RJIL and/or its affiliates accepts no liability and shall not be responsible and/or liable in any manner whatsoever in case the Voter is unable to vote due to failure on the part of the telecom operator, facility provider, device compatibility etc., or due to capacity constraints.
- All attempts will be made by RJIL to protect the data submitted to it by a Voter from loss and corruption, but in the event such data loss happens, RJIL may have to continue with whatever data is available, or in any other manner as it may deem reasonable. The Company and RJIL should not be held responsible for any loss of data or the action taken on account of the same. The Company and RJIL and/or its affiliates will not be held responsible to make good any such loss or dissatisfaction on account of such loss.
- RJIL will take reasonable efforts to ensure that there is no security breach at its end in the course of conduct of the Program and/or that there is no data / vote loss and/or any other loss at its end. However, in the event of a security breach and/or data/ vote loss and/or any other loss for any reasons whatsoever, whether at its end or at the end of Voting Platform, the Company and RJIL and/or its affiliates will not be responsible or liable in any manner whatsoever for any loss on account of any such instances as may be sustained by the Voter. The Company and RJIL shall have the right at all times to exclude or disregard any votes cast during any period where a security breach or data/vote loss or any other loss occurs.
- The Voter acknowledges that all possible issues may not have been identified by RJIL and/or its affiliates and associates and/or MyJio App and agrees to hold harmless the Company and RJIL and/or its affiliates and associates and/or MyJio App for the application, network, process, technical or any other failures.
- The Company and RJIL and/or its affiliates accepts no liability whatsoever regarding (i ) verification of vote(s); (ii) determination of the Winner(s); (iii) suspension of the Program; and (iv) any other redressal of grievances, suggestions and/or concerns from the Voters. Any and all such grievances, suggestions and/or concerns with regards to the conduct, or any other activity in relation to the Program, shall be directed towards the Company. It shall not be open for the Voter to require audit or verification of the information, data or any other criteria, process or system adopted by RJIL as part of the Voting Entry.
- The Activity Period for Voting Activity shall start on 21 : 30 IST May 19, 2018 and continue till 9:00 IST on July 28, 2018 (“Activity Period”).
- Voting Start Date/Start Time and End Date/End Time for submitting the Entry for each episode during the Activity Period of the Program is as under:
|Sr no.||Ep No||Start Date||Start Time||End Date||End Time|
|1||25||June 9||21:00 IST||June 10||9:00 IST|
|2||26||June 10||21:00 IST||June 11||9:00 IST|
|3||27||June 16||21:00 IST||June 17||9:00 IST|
|4||28||June 17||21:00 IST||June18||9:00 IST|
|5||29||June 23||21:00 IST||June 24||9:00 IST|
|6||30||June 24||21:00 IST||June 25||9:00 IST|
|7||31||June 30||21:00 IST||July 1||9:00 IST|
|8||32||July 1||21:00 IST||July 2||9:00 IST|
|9||33||July 7||21:00 IST||July 8||9:00 IST|
|10||34||July 8||21:00 IST||July 9||9:00 IST|
|11||35||July 14||21:00 IST||July 15||9:00 IST|
|12||36||July 15||21:00 IST||July 16||9:00 IST|
|13||37||July 21||21:00 IST||July 22||9:00 IST|
|14||38||July 22||21:00 IST||July 23||9:00 IST|
|15||39||July 28||21:00 IST||July 29||9:00 IST|
(Hereinafter referred to as Start Date/Start Time and End Date/End Time)
- Each Voter shall be allowed to submit Voting Entries for a maximum of 100 (one hundred) times from his/her registered mobile number on Missed Call and/or SMS Code and/or Company’s Website and/or MyJioApp. For sake of clarity, any Voting Entries beyond a number of 100 (one hundred) received for one Jodi on one Missed Call Number and/or SMS Code and/or Company’s Website and/or MyJio App in a particular week, shall be declared as null and shall not be taken into consideration for the purpose of counting the Voting Entries. The Company reserves the right to change the said restriction of 100 (one hundred) Voting Entries at its discretion and shall not provide any specific written intimation to any Voter.
- The Company shall promote this Program and subsequent Voting 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 Voters can submit the Voting Entry in the Voting Activity.
- It is further clarified that the details of the Voting Entries will be saved and stored in the Company’s data bank/ server and the data bank/server of Voting Platforms, to be utilized and publicized only for the purpose of the Voting Activity.
- For purposes of the Voting Activity, “receipt” of the Voting Entry occurs only:
- Missed Call Voting Entry: When the system successfully records Missed Call.
- SMS Code Entry: when the SMS system of respective network providers of the mobile number of the Voter successfully records SMS. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt.
- Company’s Website Entry : For the purposes of the Voting Entry made through the Company’s Website, an Voting Entry will be considered as complete and valid only when the Voter logs onto the Company’s Website and submits the Personal Information, filled into the Form, votes for his/her favorite/preferred Jodi and clicks on the “submit” button.
- MyJio App Entry : For the purpose of the Voting Entry made through the MyJio App, an Voting Entry shall be considered as complete and valid only when the Voter submit his/her vote on the voting page of the Program on MyJio App as mentioned in Clause I (2) (iv) above.
- If the Voter fails to make the Voting Entry in accordance to Clause I(1), Clause I ( 2) and Clause I (8) hereinabove then his/her Voting Entry shall be considered incomplete and the Voter shall not be eligible for selection for the purpose of Voting Activity. For the avoidance of doubt it is hereby clarified that by submitting the Voting Entry the Voter is representing that the Voting Entry or contents thereof are not confidential or comprise any sensitive personal information.
- Voting Entries received after the Start and End Date and time during the Activity Period of the Voting Activity shall be considered null and void.
- Determination of the winner(s):
- After the completion of Activity Period, votes received shall be independently tabulated by a third party auditor appointed by the Company at its sole discretion for the Program (“Official Tabulators”).
- Winner(s) will be decided based on the Missed Call, SMS Code, Company’s Website and MyJio App or/and any other platforms as may be indicated by the Company from time to time during the Activity Period after considering the capping rules.
- It is clarified that the winner(s) result shall be based on 60 %(sixty percentage) weightage on public voting and 40 %(forty percentage) weightage on the vote casted by the judges appointed by the Company for the Program based on independent performance of the Jodi(s). It is hereby clarified that the Judge’s decision and prerogative in regard to the selection based on the best performance of the Jodi(s) shall be final and binding;
- Total votes of the Jodi(s) shall be counted based on addition of the Voting Entries through all the Voting Platforms and judges votes. The Jodi receiving the lowest votes shall be asked to stand in bottom category for elimination throughout the Activity Period.
- The Voter shall ensure that the Voting 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. Voters 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 Voter agrees that the Company has the right to remove any such material/Post which may not be in consonance with applicable law.
- The Company and/or Voting Platforms shall not be responsible for any Voting Entries submitted by the Voters 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 any reason whatsoever. The services of Voting Platforms are provided “as-is” and as available and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company and/or Voting Platforms cannot guarantee and does not promise any specific results from use of the services of the Voting Platforms in whatsoever manner.
- The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication.
- The Company makes no representations that the Voting Platforms are appropriate or available for use in other territory outside India.
- The Voting Entry made is non-transferrable and non-exchangeable. Voter agrees and undertakes that no cash equivalent or alternatives will be given to the Voter for submitting the Voting Entry.
- The Voter 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, to the Voter’s participation in the Voting Activity or any related activity, to the extent permitted under law. If the Voter is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Voting 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 Voting Activity.
- No dispute shall be entertained with regards to the Voting Entry submission mechanism/ criteria and/or counting mechanism of the Voting Entries received by the Company. Decisions of the Company shall be final and binding on the Voter.
- The Voter if required by the Company shall be requested to submit identification proof documentation such as birth certificate/ aadhar card/ pan card etc. (“Documents”) in order to verify the authenticity the name of the mobile number owner and Voter’s name.
- All personal details and Documents requested by and supplied to the Company by each Voter must be truthful, accurate and in no way misleading, failing which the Company reserves at its sole discretion the right to disqualify any Voter’s Voting Entry.
- GENERAL TERMS AND CONDITIONS
- Participation in the Voting Activity is open to citizens residing in India above 18 (eighteen) years of age who must be medically fit and have no criminal conviction or an arrangement or a contract with any third party that prevents the Voter from participating in the Voting Activity. Documents pertaining to medical fitness must be furnished by the Voter on demand if required by the Company.
- Persons must submit the Voting Entries on their own behalf and Voting 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 Voting Activity without giving prior notice. It shall be the sole responsibility of the Voter(s) to check the Terms and Conditions of the Voting Activity on the website of the Company/ Program i.e. www.zee5.com/highfever/tnc
- The Voter hereby undertakes, warrants and guarantees to the Company that he/she has full legal capacity to participate in the Voting Activity in accordance with law and also these Terms and Conditions.
- The Voter understands and agrees that the Company shall not be responsible in any manner whatsoever for any Jodi being eliminated post counting of the Voting Entries received on the Voting Platforms from the Voters throughout India. The Company shall not entertain any complaints from the Voters or any person related to the Voter in relation to the Voting Activity for of the Program.
- The Voter acknowledges that he/she has voluntarily chosen to participate in the Voting Activity at his/her free-will and is willing to bear all risk, costs and consequences arising from such participation in the Voting Activity.
- Voter(s) who do not comply with these Terms and Conditions, or who attempt to interfere with the process of Voting Activity or the operation of the Voting Platforms in any way shall be disqualified and the Voting Entries submitted shall not be counted.
- Casting of a vote shall construe acceptance of these Rules and Regulations even if the same is not explicitly mentioned by the Voter. The Company shall not be responsible for delayed receipt or non-receipt or incomplete receipt or corrupt receipt of votes.
- All Voting Entries received by the Company shall be subject to verification by an Official Tabulator. No automatic, programmed, robotic or similar means of voting are permitted.
- The Company reserve the right, in its sole discretion, to cancel, terminate, modify, or suspend Voting Entries submitted by the Voter, should any virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the voting process. The decision of usability of the Voting Entries received by the Company shall be decided by the Company at its sole discretion.
- The Company makes no representations, warranties nor provides any undertaking to any of the Voter(s) that any or all of the Voters will be able to qualify for being eligible to get the opportunity of participating in the Voting Activity.
- The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses or otherwise suffered / incurred by any of the Voter(s) in the event that the Company is not able to permit the Voter to take part in the Voting Activity in accordance with any of the foregoing provisions.
- Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the dates for such Voting Activity and at such date and place as it may determine.
- At no point of time will the Company be obliged to notify the Voter, the Voting Entry of whom has been disqualified by the Company.
- The Voter(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 suffered by the Voter(s) and/or the Voter in connection with the Voting 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 Voter 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 Voter and/or the Voting Activity and/or post and/or Voting Entry and/or any third party rights claims with respect to the material submitted by the Voters(s).
- The Voter(s) shall not hold the Company, its affiliates, contractors, partners, vendors and promotion and advertising agencies responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of voting information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit Voter’s ability to vote, including any injury or damage to Voters or any other person’s mobile device or land line relating to or resulting from participating in the Voting Activity or downloading any materials. The Company and/or its representatives shall not be responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected votes, which shall be disqualified. The Company shall attempt to use commercially reasonable efforts to ensure the security and accuracy of all Voting Entries and the methodologies/ processes/ mechanisms of said Voting Entries however the Voters hereby acknowledge and agree that such methodologies/ processes/ mechanisms are not infallible, and that the Company makes no guarantee as to its effectiveness.
- 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 and the said decisions shall be considered as final and binding on the Voters.
- 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 Voter in any manner whatsoever, in relation to participation in the Voting Activity.
- The Company, shall be under no liability whatsoever to the Voters, in respect of any loss, damage suffered by the Voters arising from or pursuant to the participation in the Voting Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Voter at any stage of the Voting Activity whether or not caused by (1) the Voter’s participation in the Voting Activity; (2) as a result of the any decisions of the Company for any matter relating to the Voting Activity; (3) as a result of any comment, remark, judgment, view, criticism, critique, opinion and/or observation in relation to any Jodi made and/or passed by the mentor appointed by the Company for the Program. 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 Voting 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 Voter; or circumstances beyond the Company’s reasonable control.
- The Voter agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors, vendors or any other person in connection with the Program and/or the Voting Activity including but not limited to persons connected to the Voting Entries counting procedure and/or elimination procedure based on the number of Voting Entries received and recorded with the Company and/or any increase/decrease in the charges charged to the Voter by his/her network provider for submitting the Voting Entries.
- The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Voters and arising as a result of his/her participation in the Voting Activity, if selected.
- Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the production of the Program and/or conducting the Voting Activity on account of any force majeure factors or otherwise.
- Company shall not be held responsible or accountable for any expenses (including but not limited to charges charged by the network providers for each Voting Entry submitted by the Voter), loss, or any other liability which may arise due to the Voter submitting Voting Entries on the Voting Platforms.
- The Voter 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 Voting Activity or due to any representations, misrepresentations or concealment of material facts by the Voter.