TERMS AND CONDITIONS – DANCE KARNATAKA DANCE SEASON 7 – 2023
VOTING POLL
“ DANCE KARNATAKA DANCE SEASON 7 2023 – VOTE FOR YOUR FAVORITE CONTESTANT is a voting poll to decide the elimination of the Participants from DANCE KARNATAKA DANCE SEASON 7 2023, organized by Zee Entertainment Enterprises Limited (“Company”). By means of the Voting poll, the Company is providing an opportunity to the viewers of ZEE Kannada (“Channel”) to vote for their favorite Participants of the Programme and save them from being eliminated., The Voting poll (“Activity”) is subject to the terms and conditions set forth herein (“Terms and Conditions”). The Activity shall be carried out by the Company in the following manner:
I. PROCEDURE TO VOTE:
1. In order to vote in the Voting Poll, each interested viewer/person shall be required to:
a. Go to the URL www.zeekannada.zee5.com/dkds7voting wherein the list of participants along with their name and picture card will be shown with a tappable window to vote.
b. Go to your favorite Participant and tap on “Vote” to cast your Vote. If the viewer/person is registered, the vote will be casted and if the viewer/person is not registered, then, on tapping on “vote” a new pop up will appear requesting the viewer/person to register with their mobile number.
c. At this point the viewer/person must submit his/her details, including but not limited to full name, address and mobile/contact number and get registered. Thereafter, the viewer/person will be redirected to Voting poll. The Voting Poll Period shall start on 4th June 2023, to 22nd October 2023. (“Voting Poll Period”).
2. Viewer/person can vote for one Participant as many times as possible and vote for as many participants as possible.
3. Determination of the top voted Participants and the least voted Participants: Participants will be selected in accordance with the votes and the judge’s opinion. On the basis of votes and performance, the Company shall eliminate one Participant/team. The viewers agree and accept that they shall not have any claims against the Company in this regard, at any time.
4. The Company may promote this Voting Poll through its channel(s), website, print media (newspapers), television (promos, astons, bugs etc.), on ground promotions, push SMS, radio, digital media/ social online or any other manner as shall be deemed fit by the Company, at its sole discretion.
5. It is further clarified that the details including but not limited to the Voting Poll (including the viewer/person IP address) will be saved and stored in the Company’s data bank/ server and the data bank/server of Voting Poll Platform, and the same may be
utilized and publicized only for the purpose of the Voting Poll.
6. Votes received at any time other than during the Voting Period shall be considered null and void. The Company reserves its right to change the date, and time of the Voting Poll Period at sole discretion at any point of time.
7. viewers/person shall not host, display, upload, modify, publish, transmit, update, or share any information that — (a) belongs to any another person(s) and over which the viewer/person does not have any right(s); (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 is otherwise unlawful in any manner whatever; (c) harms minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights of any person;(e) violates any law for the time being in force; (f) deceives or misleads the Company about the origin of any messages/Voting Poll Entry or communicates any information which is grossly offensive or menacing in nature; (g)
impersonates another person; (h) contains any viruses, malware or other harmful software, application or any other computer code, files or programs designed to damage, 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 agrees that the Company has the right to remove any such material/post which may not be in consonance with applicable law. Any Voting Poll Entry in breach of the above, shall be liable to be rejected by the Company without any notice.
8. The Company shall not, under any circumstances, be responsible or liable for any Votes submitted by the viewers/persons 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 Voting Poll as available on the Voting Poll Platform is provided on an “as-is” basis and the Company expressly disclaims any representation or warranty with respect to the functioning or performance of the Voting Platform. The viewers/person accept and agree that their respective vote in the Voting Poll shall not entitle them for any prizes.
9. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, unavailability of the viewer/person, theft or destruction or unauthorized access to, or alteration of, any viewer/person communication.
10. The Company makes no representations that the Voting Platform is appropriate or available for use in any other territory outside India.
11. The votes casted is non-transferrable and non-exchangeable. viewer/person agrees and undertakes that no cash, cash equivalent or alternatives will be given to the viewer/person for voting in the Voting Poll Further, Company, at its sole discretion, reserves the right to select two Participants to further take part in the Programme via wild card entry, without assigning any reason and without any prior notice.
12. The viewer/person shall not, under any circumstances make any claims against the Company 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, caused directly or indirectly due to the viewer/person’s participation in the Voting Poll or any related activity, to the extent permitted under law. If the viewer/person is found to be ineligible, or if he/ she has not complied and/or found to be in breach of these Terms and Conditions, the corresponding vote/votes will stand disqualified and such decision shall be final and binding on the viewer/person.
13. The Company shall not entertain any complaints, disputes or claims arising from or relating to the Voting Poll, Votes submission mechanism/ criteria and/or selection/determination of the Participants into the Programme via wild card entry.
14. By casting vote/votes in the Voting Poll, it is construed that the viewer/person has read and understood these Terms and Conditions, the Privacy Policy including the General Terms and Conditions stated below and viewer/person’s act of voting in the Voting Poll will be deemed acceptance to abide by the same.
II. GENERAL TERMS AND CONDITIONS
1. Participation in the Voting Poll is open to citizens of India residing anywhere in the world.
2. The Company reserves all rights to amend, modify, alter or delete, the whole or part of the Terms and Conditions or withdraw/cancel the Voting Poll at its sole discretion without any prior notice. Voting Poll
3. The viewer/person understand and agree that the Company shall not be responsible in any manner whatsoever for any votes received on the Voting Poll from the viewer/person throughout India.
4. viewer/person who do not comply with these Terms and Conditions, or who attempt to interfere with the process of Voting Poll or the operation of the Voting Poll Platform in any way shall be immediately disqualified and their respective vote shall stand rejected.
5. The viewer/person accept and agree that casting their vote shall be deemed as their acceptance of these Terms and Conditions even if the same is not explicitly mentioned by the viewer/person. The Company shall not be responsible for delayed receipt or nonreceipt or incomplete receipt or corrupt receipt of any votes casted by the viewer/person.
6. The Company reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend any votes casted by any viewer/person, 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 or if the Company suspects the above. The decision regarding acceptance of the votes received by the Company shall be decided by the Company at its sole discretion.
7. The Company makes no representations, warranties nor provides any undertaking to any of the viewer/person that merely casting vote for Participants will not qualify the Participants to not get eliminated from the Programme.
8. The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses, of any nature, suffered / incurred by any of the viewer/person in relation to Voting , including but not limited to any loss of opportunity, damages, losses, costs, expenses suffered/incurred on account of the Company rejecting the participation/Voting Poll Entry of the Participant or the Participants’ inability to participate in the Voting Poll, for any reason whatsoever.
9. Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the dates of the Voting to any other dates as may be determined by the Company.
10. At no point of time will the Company be obliged to notify the viewer/person, as to whether their respective vote has been disqualified/cancelled or rejected.
11. The viewer/person 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 Participant(s) in connection with the Voting Poll and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any complaints, applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs in relation to the Voting Poll. Further the Participant(s) 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/costs (including legal costs) suffered by the
Company arising out of or in relation to the viewer/person participation in the Voting Poll, any act of the viewer/person, any post and/or Voting Poll Entry and/or any thirdparty rights claims with respect to the material submitted by the viewer/person
12. The viewer/person 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 viewer/person information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit viewer/person ability to participate in the Voting Poll, including any injury or
damage to viewer/person or any other person’s mobile device or internet connection relating to or resulting from participating in the Voting Poll 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 entries, which shall be disqualified. The Company shall attempt to use commercially reasonable efforts to ensure the security and accuracy of all votes casted and the methodologies/ processes/ mechanisms of said Voting Poll however the viewer/person hereby acknowledge and agree that such methodologies/ processes/ mechanisms are not infallible, and that the Company makes no guarantee as to its effectiveness.
13. All votes and registrations and/or any kind of data received by the Company and/or Voting Poll Platform shall be stored, maintained or shared in accordance with the Company/Voting Poll Platform privacy policy and the Company/ Voting Poll Platform shall at no time be under any kind of obligation to discard or maintain the said information received from the viewer/person.
14. By casting vote in the Voting Poll, the viewer/person grants in favour of the Company, its agents, affiliates or assigns, the right to use the likeness, face, name, signature, voice, photographs, biographical data or image of the viewer/person, in any manner, in relation to the Voting Poll or for any promotional or marketing activities related to the Channel
and its programmes.
III. OTHER TERMS
1. Each provision of this Terms and Conditions shall be considered severable, and if any provision of these Terms and Conditions is held to be void, invalid or unenforceable by any court or other competent authority, in whole or in part, such invalidity or unenforceability shall have no effect upon the remaining provisions of the Terms and Conditions and the other provisions of these Terms and Conditions shall continue to be valid, enforceable and binding on the viewer/person.
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 Hyderabad.
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 viewer/person.
IV. NO LIABILITY
1. 1. The Company is not, in any manner whatsoever, responsible and/or shall not be held liable, for any physical injury, death, mental trauma, loss, damage, cost, expense or injury to life or property sustained by the viewer/person at any stage of the Voting Poll whether or not caused by (1) the viewer/person’s vote in the Voting Poll; (2) as a result of the any decisions of the Company for any matter relating to the Voting Poll. 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 casting vote in the Voting Poll. 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 viewer/person; or circumstances beyond the Company’s reasonable control.
2. The viewer/person agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, subcontractors, vendors or any other person in connection with the Voting Poll, any increase/decrease in the charges charged to the viewer/person by his/her network provider for submitting the Voting Poll Entries. The viewer/person shall solely bear all costs and expenses incurred by them in respect of their participation in the Voting Poll.
3. The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the viewer/person and arising as a result of his/her participation in the Voting Poll Activity, if selected.
4. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the production of the Voting Poll and/or conducting the Voting Poll Activity on account of any force majeure factors or otherwise.
5. Company shall not be held responsible or accountable for any expenses (including but not limited to charges charged by the network providers for each Vote submitted by the viewer/person), loss, or any other liability which may arise due to the viewer/person submitting Voting Poll Entries on the Voting Poll Platform.
6. The viewer/person hereby agrees to indemnify the Company and/or its affiliates against any claims that might arise from his/her actions or omissions while casting vote in the Voting Poll or due to any representations, misrepresentations or concealment of material facts by the viewer/person.