Andtv Tribute Terms & Conditions
TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE ACTIVITY
By means of these terms and condition set forth herein (“Terms and Conditions”), ZEE ENTERTAINMENT ENTERPRISES LTD (“Company”) is conducting a activity named “AndTV Tribute” for paying a tribute to all the on-ground heroes on duty in India, in the COVID19 pandemic, by creating a tribute video with collage of photographs of few of such officials while on the call of duty (“Tribute Video”). These photographs shall be the ones submitted by the participants of the Activity, of such officials who have been of help either to the viewers himself/herself or to others around them in these difficult times. The participants are required to submit such photographs taken by them along with the official id cards of such officials on either email@example.com or on the official FaceBook page of “&TV” (collectively referred as “Entry Platform(s)”) (“Activity”). The participants of the said Activity agree to be unconditionally bound by the terms more particularly described herein below:
- The Activity Period for the Activity shall be from 8:00 AM IST on 18th April 2020 and continue till 24:00 hrs IST on 3rd May 2020 (“Activity Period”).
- The Company may promote this Activity through the medium of its channels, website, television (promos, astons, bugs etc.), on ground promotions, push sms, 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.
- The participant shall ensure that the photographs/material submitted for the entry are 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 —
- belongs to another person and to which the user does not have any right;
- 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive
- impersonate another person in a defamatory manner;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 agrees that the Company has the right to remove any such material/post which may not be in consonance with applicable law.
- At the end of the Activity Period, the Company shall shortlist the photographs that will form a part of the Tribute Video, at its sole discretion. For clarity: the Activity, participation in the same, or selection of photographs for the Tribute Video shall not entitle the participant to receive any gratification/prize 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 of the photographs shall be final and binding.
- The Participant hereby represents to the Company that the photographs/material submitted for the Activity are original and not copied from anywhere. Notwithstanding anything contained herein above, the Company and/or its affiliates and/or its group companies shall not be liable in any manner whatsoever for the photographs/material submitted for the entry by the Participants. The Participant shall be solely responsible and liable for such photographs/material submitted and any claims whatsoever in relation to the same shall be dealt with the Participant solely at his/her own cost and consequences.
GENERAL TERMS AND CONDITIONS
- Participation is open to all citizens who (i) are residing in India. (ii) is above 18 (eighteen) years of age (iii) is medically fit (iv) have no criminal conviction Documents pertaining to medical fitness (if required) must be furnished by the Participant on demand.
- The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Activity without giving prior notice.
- The Company and/or its affiliates and/or its group companies 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 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 and/or its affiliates and/or its group companies may, at its sole and absolute discretion, to cancel the Activity or reschedule the Activity dates.
- At no point of time will the Company be obliged to notify the Participant(s) of its decision including but not limited to selection/no selection of their photographs for the Tribute Video.
- 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 claims, losses whatsoever suffered by the Participant(s) in connection with the Activity or submission of the photographs in specific, 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 the Winner 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) and/or the Activity and/or the entry and/or any third-party rights claims with respect to the photographs/material submitted by the Participant(s).
- 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.
- The Company and/or its affiliates and/or its group companies 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.
- The Company and/or its affiliates and/or its group companies, 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. 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 and/or its affiliates and/or its group companies 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 agrees that he/she shall hold harmless the Company and/or its affiliates and/or its group companies, 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 and/or its affiliates and/or its group companies or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant arising as a result of his/her participation in the Activity.
- Company and/or its affiliates and/or its group companies 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.
- The Participant hereby agrees to indemnify the Company or its affiliates or its group companies 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.