voice india kids – tnc

TERMS AND CONDITIONS GOVERNING VOTING ACTIVITY TO BE CONDUCTED ON FOR PROGRAM TITLED “THE VOICE INDIA KIDS- SEASON 2”

“The Voice India Kids- Season 2” is a Hindi language reality music show (“Program”) produced by Zee Entertainment Enterprises Limited (“Company”) to be telecast on its channel named “&TV” (“Channel”), giving an opportunity to kids of age group of six (6) years to fourteen (14) years to showcase their singing 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 singers (“Singer(s)”) competing against other singers to become the winner of the Program (“Voting Activity”). The Voting Activity shall be carried out by the Company through (i) interactive voice response call and/ or (ii) short messaging system (“Voting Platforms”). 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:

1. 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/casting/recording his/her vote in the correct manner as is detailed in the Terms and Conditions (“Voting Entry” or “Voting Entries”).
2. To submit the Voting Entry, the Voter shall be required to follow any one/ or both of the following manner:

• Interactive Voice Response (IVR) Call Entry:

1. The Company shall provide every Singer eligible to participate in the third round of the Program titled “LIVES” (“Round 3”) with a unique virtual mobile number interactive voice response call number for the purpose of receiving votes which shall be displayed on the television screen at the time of first telecast of the episodes of Round 3 of the Program (“VMN Number”).
2. The interested Voter shall be required to call on the VMN Number from the Voter’s mobile number (from any network service provider) or landline number (“VMN Call”) from the Voting Start (as defined below) continuing till Voting End (as defined below).
3. It is clarified that once the VMN Call is connected and recorded in the VMN Call systems of the Company, the Voter will hear a recorded audio message saying “The Voice India Kids mein apna vote dene ke liye shukriya. Dekhte rahiye &TV” and the VMN Call will be disconnected. For the purposes of the Voting Entry made through VMN Call, a complete and valid Voting Entry will constitute when the Voter’s VMN Call is recorded successfully in the VMN Call system.
4. For sake of clarity the Company shall at its sole discretion allow and consider any Voting Entries registered and recorded in the VMN Call system made from any public number viz. PCOs and/or STDs.
5. The VMN Call made by the Voter shall be chargeable on standard rates charged by the Voter’s network provider/telecom operator. The Voter shall check for the charges to make the VMN Call with the Voter’s network provider/ telecom operator. In event of any other charges levied by any network provider/ telecom operator on the VMN Call 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.

The VMN Call Number for each Singer for the purpose of submitting Voting Entries are as follows:

• Short Messaging Services (SMS) Entry:

1. The Company shall provide every Singer eligible to participate in the Round 3 of the Program with a unique short messaging number for the purpose of receiving votes which shall be displayed on the television screen at the time of first telecast of the episodes of Round 3 of the Program (“SMS Number”). The interested Voter shall be required to send a message on the SMS number typing the unique Short Code name of the Participant (as mentioned in 2 (ii) (e)) using short messaging service from the Voter’s mobile number (from any network service provider providing telecom services in particular territory) to SMS Number 57575 (“SMS”) from the Voting Start (as defined below) continuing till Voting End (as defined below).
2.  Thereafter the Voter sending SMS in the correct format as aforementioned will receive an automated message from the same SMS number stating “Thank you for voting XYZ on The Voice India Kids. For T&Cs, logon to www.andtv.com/voiceindiakids-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”.
3.  Premium rates shall apply for submitting SMS by the Voter. Tata telecom service subscribers shall be charged at the rate of INR 5/- (Indian Rupees Five only) per SMS and for all other telecom service subscribers, the SMS rates shall be INR 3/- (Indian Rupees Three only) per SMS. It is hereby clarified that registration to participate in the Program shall not be made available to the Uninor and MTNL Delhi 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 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.
4. For the purposes of the Voting Entry made through SMS a complete and valid Voting Entry will constitute when the Voter records SMS in the manner as set hereinabove and the said Voting Entry through SMS is recorded with the Voter’s network provider/ telecom operator
5. The SMS Codes for voting for each Singer for the purpose of submitting Voting Entries are as follows:

3. Voting Entry Period for each episode shall be as per the timelines mentioned below

7. Each Voter shall be allowed to submit Voting Entries for a maximum of 100 (one hundred) times on one VMN Call Number or SMS through a particular mobile or landline number. For sake of clarity, any Voting Entries beyond a number of 100 (one hundred) received for one Singer on one VMN Number and SMS in a particular week, shall be considered for tabulation and 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.
8. 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 Voters can submit the Voting Entry in the Voting Activity.
9. It is further clarified that the details of the Voting Entry will be saved and stored in the Company’s data bank/ server to be utilized and publicized only for the purpose of the Voting Activity.
10. For purposes of the Voting Activity, “receipt” of the Voting Entry occurs only:

• Interactive Voice Response (IVR) Call Entry: when the VMN Call system successfully records VMN Call. Any automated receipt confirmation received by the Voter would not constitute proof of actual receipt.
• SMS 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.

10. If the Voter fails to make the Voting Entry in the manner as stated 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.
11. Voting Entries received before and/or after the Voting Entry Period of the Voting Activity shall be considered null and void. It is clarified that, Voter shall see the following message when the voting entry period is not on “Voting for The Voice India Kids is closed for the week. For T&Cs, logon to www.andtv.com/voiceindiakids-tnc Keep watching &TV.”
12. 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.

20. The Company 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 cannot guarantee and does not promise any specific results from use of the services of the Voting Platforms in whatsoever manner.
21. 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.
22. The Company makes no representations that the Voting Platforms are appropriate or available for use in other territory outside India.
23. 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.
24. 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.
25. 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.
26. 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.
27. The VMN Call made and/or the SMS submitted to the Company on the Voting Platforms shall be made from the mobile number and/or landline number owned and registered by the Voter in its full name. 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.
28. 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.
29. By participating in the Voting Activity, it is construed that the Voter has read and understood these Terms and Conditions, Privacy Policy including the General Terms and Conditions stated below and Voter’s act of participation in the Voting Activity will be deemed acceptance to abide by the same.

1. GENERAL TERMS AND CONDITIONS

1. Participation in the Voting Activity is open to (i) citizens residing in India above 18 (eighteen) years of age (ii) are medically fit and (iii) 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.

2. 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.

3. 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. andtv.com.

4. The Voter hereby undertakes, warrants and guarantees to the Company that he has the full legal capacity to participate in the Voting Activity in accordance with law and also these Terms and Conditions.

5. The Voter understands and agrees that the Company shall not be responsible in any manner whatsoever for any Singer 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 Round 3 of the Program.

6. 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.

7. 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.

8. Total votes for each Singer shall be counted based on addition of the Voting Entries through both Voting Platforms and judges/coaches scores in the particular episode Program. The Singer receiving lowest scores after combing the Voting Entries and judges scores shall be asked to stand in bottom category for elimination.

9. All Voting Entries received by the Company shall be subject to verification by an independent third-party auditor appointed by the Company at its sole discretion. No automatic, programmed, robotic or similar means of voting are permitted.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. The Voter(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 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.

16. 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).

17. 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.

18. All Voting Entries and/or any kind of data received by the Company through the Voting Platforms become the sole property of the Company and the Company shall at no time be under any kind of obligation to discard or maintain the said information received.

• OTHER TERMS

1. 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.
2. 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.
3. 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
4. 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.

1. NO LIABILITY
2. 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.
3. 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 Singer 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.