PRRILTNC

TERMS AND CONDITIONS – Pril Shining Relationship Moment Contest

“Pril Shining Relationship Moment Contest” is a social media contest (“Contest”) organized by Zee Entertainment Enterprises Limited (“Company”) on its social media pages/handles on Facebook and Instagram (“Platform”) for, on behalf of and in association with Jyothy Labs Limited, the sponsor of the Contest (“Contest Sponsor”). The Contest is being conducted for married couples residing in the state of Karnataka. By means of the Contest, the Contest Sponsor is providing an opportunity to the viewers of the Zee Kannada channel (“Channel”) to participate in the Contest and win the prizes as announced by on the Channel’s Platform, which are provided by the Contest Sponsor, subject to the terms and conditions set forth herein (“Terms and Conditions”).

The Contest shall be carried out in the following manner:

The Participant (defined below) will be required to: (i) share a picture of themself along with their partner/spouse also featuring the special dish prepared by the Participant; and (ii) write about the Participant’s shining relationship moment with his/her partner/spouse and upload/post the same on the Participant’s Facebook or Instagram page with the hashtag #PrilShiningRelationshipMoment while also tagging the official accounts of Zee Kannada and Pril India in the said post.

The contest shall be held between 6^th August 2023 to 15^th September 2023 between such time as mentioned herein below. By participating in the Contest, the Participant agrees to be unconditionally bound by these Terms and Conditions.

I. PROCEDURE FOR PARTICIPATION IN THE CONTEST:

In order to participate in the Contest, each interested viewer/person (“Participant”) shall be required to: (i) share a picture of themself along with their partner/spouse also featuring the special dish prepared by the Participant for his/her partner/spouse; and (ii) write about the Participant’s shining relationship moment with his/her partner/spouse and upload/post the same on the Participant’s Facebook or Instagram page with the hashtag #PrilShiningRelationshipMoment while also tagging the official accounts of Zee Kannada and Pril India in the said post.
The Contest shall commence on 6^th August 2023 at 12:00 PM and shall continue up till 11:59 PM on 15^th September 2023 (“Contest Period”).
Participant shall submit the Contest Entries (defined below) during the Contest Period, or such other time as determined by the Company/Contest Sponsor at its sole discretion. Any Contest Entry received outside of the Contest Period shall be rejected.
The Winner (defined below) of the Contest will stand a chance to win a Pril Gift Hamper provided by the Contest Sponsor and be featured on an episode of the Zee Kannada show, Couple’s Kitchen (“Show”) and have limited interactions with the anchor of the Show (“Prize”).
The Winner will be selected solely by the Contest Sponsor, in its sole discretion, based on the creativity displayed or such other factors as determined by the Contest Sponsor in its sole discretion or through such other means as determined by the Contest Sponsor in its sole discretion from amongst the Contest Entries received (“Winner”). The Contest Sponsor may declare a total of one (1) Participant as the Winner. The decision of the Contest Sponsor in connection with the selection process of the Winner will be final and binding and shall not be disputed or challenged by the Participant. The Contest Sponsor may, at its sole discretion, increase or decrease the number of Winner(s) of the Contest and the Participants accept and agree that they shall have no claims or objections in this regard. In case of any dispute, the decision of the Contest Sponsor shall be final and binding on all concerned.
Subject to the provisions of this Terms and Conditions, the Winner will be invited to an episode of the Show where the anchor of the Show will hand over the Prize provided by the Contest Sponsor to the Winner and the Winner and/or his partner/spouse will have limited interactions with the anchor of the Show. The Winner shall be required to bring along his/her partner/spouse at the time of receiving the Prize.
The Winner shall at all times act in a decent and acceptable manner while visiting the Show’s set/premises/locations for the purposes of collecting the Prize and while interacting with any artistes of the Show and shall not, in any manner, interrupt or create any issues that may disrupt the Show and its production/shoot schedule. The Company reserves the right to eject/remove the Winner from the Show’s set/premises/location for any breach of the foregoing in which event the Contest Sponsor shall be entitled to withhold the Prize/forfeit the Prize to the Winner and the Winner shall have no objections to the same.
The Winner of the Contest will be announced at such time and in such manner as determined by the Contest Sponsor in its sole discretion on the completion of the Contest Period. It shall be the Participant’s sole responsibility to check whether he/she has been declared as a Winner. Under no circumstances shall the Company be held responsible or liable for the Winner’s failure to ascertain whether he/she has been declared as a Winner.
If the Winner is unable or unwilling to confirm his/her acceptance of the Prize awarded within a period of 7 (seven) days from the date of announcement of the Winner, or is not present at such time and place as informed by the Company/Contest Sponsor for the purpose of collecting the Prize, the Prize shall be forfeited, and the Participant shall not have any claims in this regard.
The date on which the Winner may visit the Show’s sets/premises/locations for the purposes of collecting the Prize shall be determined by the Company/Contest Sponsor in its sole discretion and intimated to the Winner. The Company/Contest Sponsor may at its sole discretion change the dates notified on which the Winner may visit the Show’s sets/locations/premises and collect the Prize and the Winner shall not have any objections regarding the same. No requests to change dates from the Winner shall be entertained and in the event the Winner fails to be present on such dates and at such times as notified by the Company/Contest Sponsor, the Winner shall be deemed to forfeit the Prize and the Winner shall not have any objections or claims in this regard.
Compliance with the conditions mentioned herein shall constitute the Participant’s valid entry into the Contest .
It is clarified that, irrespective of the number of Contest Entries made by a Participant or his/her partner/spouse, each Participant shall stand only a single chance to win the Prize. Any Participant found to be in breach of the same, as solely determined by the Contest Sponsor, shall stand disqualified from the Contest.
The Participant shall, while participating in the Contest, conduct himself/herself in a decent and respectable manner.
The Participant shall ensure that he/she is in compliance with all applicable laws while participating in the Contest.
The Participant shall ensure that any information submitted, including but not limited to the details contained in the Contest Entry, 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 infringes the rights of any third party including any intellectual property rights etc.
The Participant unconditionally and irrevocably assigns all rights including but not limited to Intellectual Property Rights, if any, present in the Contest Entry submitted by them in favour of the Company, for the entire world and in perpetuity and the Participant agrees and acknowledges and makes all necessary declarations confirming the aforesaid. Such assignment shall operate for all the modes, media and formats of exploitation, whether now in existence or arising in future.
The Company/Contest Sponsor may promote this Contest through the Channel and its social media platforms or such other means as determined by the Company/ Contest Sponsor in its sole discretion.
The Winner, as determined by the Contest Sponsor, will be announced via a social media post on the Channel’s Platform pursuant to which the Winner will have to share his/her mobile number to the Company via a message on the Platform along with his/her contact information including mobile number and Email ID or such other information as may be intimated by the Company. The Winner shall receive a call from the Company, the Contest Sponsor or by any other agency on behalf of the Company/ Contest Sponsor by directly calling on the mobile Number shared by the Participant (“Intimation Call”). The Company, Contest Sponsor and/ or any other agency of behalf of the Company/ Contest Sponsor may make three (3) attempts to contact the Winner by calling on the mobile number of the Winner shared with the Company. In case the Winner fails to pick up the Intimation Call or if the mobile number shows busy network/ out of coverage network, the selection of that particular Winner shall be invalidated and the Contest Sponsor may, at its sole discretion, select another Winner from amongst the eligible Participant(s) who qualify as per the criteria stated above to receive Prize. The Company/Contest Sponsor shall not be responsible or liable for any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which the Winner is un-reachable, due to which the Company/ Contest Sponsor is unable to intimate the Winner.
The Intimation Call shall have instructions on the process required to be adhered by the Winner which inter alia shall include the personal information (“PI”) of the Winner such as name, complete address with pin, contact number, email address, age, gender, name of parents, name of partner/spouse, residential address etc. The Winner shall be requested to furnish their latest photo, passbook copy of their active and valid Savings Account along with documents to the Company/ Contest Sponsor such as PAN Card along with Proof of identity cum permanent address proof – Aadhar card / Election card/permanent Driver’s License/Passport or any other document as the Company/ Contest Sponsor may deem fit and such other documents as may be required and informed by the Company/ Contest Sponsor from time to time (“Documents”). All above mentioned Documents shall be self-attested and verified/attested by appropriate authorities and shall be submitted in such manner as specified by the Company/ Contest Sponsor.
The Winner shall furnish all requisite PI and Documents in a form and manner desired by the Company/ Contest Sponsor over the Intimation Call. Post receiving the PI and Documents of the Winner, the Company/ Contest Sponsor shall verify the necessary PI and Documents at its end.
For sake of clarity, Participant will be considered as Winner only when he/she has been specifically declared as a Winner and not merely when he/she has been contacted by the Company/ Contest Sponsor for any purpose.
In addition to the above, in case the Company/ Contest Sponsor requires any additional documents/ information, for confirmation or any other reason, the Company/ Contest Sponsor may inform the same to the Winner and the Winner shall be required to comply with all such requirements as intimated by the Company/ Contest Sponsor. In case of non-compliance in submission of any documents/ information as sought for herein or as intimated by the Company/ Contest Sponsor from time to time, Contest Sponsor shall be entitled to withhold the Prize/forfeit the Prize to the Winner and the Winner shall have no objections to the same and shall not make any claims against the Company in this regard.
The Winner shall only be eligible for the Prize after proper identification and verification. The final decision on the mode and manner of delivery of the Prize shall be that of the Company/Contest Sponsor and shall not be disputed by the Winner failing which the Contest Sponsor shall have the right to choose any other Winner as it deems fit.
The Prize shall not be transferable and not be redeemable for kind/cash and no requests shall be entertained by the Company/Contest Sponsor in this regard.
It is further clarified that the details including but not limited to the Contest Entry (including the Participant’s mobile numbers) will be saved and stored in the Company’s/ Contest Sponsor’s data bank/ server and the same may be utilized and publicized for any purpose related to the Contest and for the Channel and the Participant hereby consents to the same.
In addition, the Company/Contest Sponsor reserves the right to reach out to the Participant for marketing activities through calls, SMS, chat applications & other internet and phone number-based applications and the Participant hereby consents to the same.
If the Participant fails to make the Contest Entry in accordance with the procedures hereinabove then his/her Contest Entry shall be considered incomplete, and the Participant shall not be eligible for selection for the purpose of the Contest. For the avoidance of doubt, it is hereby clarified that by submitting the Contest Entry the Participant is representing that the Contest Entry or contents thereof are not confidential or comprise any sensitive personal information or violate any privacy details of the Participant or any third party.
Contest Entries received at any time other than during the Contest Period shall be considered null and void.
The Company shall not, under any circumstances, be responsible or liable for any Contest Entries submitted by the Participants 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 other reason whatsoever. The Contest is provided on an “as-is” basis. The Company disclaims any representations or warranties concerning the functioning or performance of the Platforms or any other element of the Contest.
The Participants accept and agree that their respective Contest Entry/participation in the Contest shall not entitle them to any Prizes.
The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, unavailability of the Participant, theft or destruction, or unauthorized access to, or alteration of, any Participant communication.
The Company makes no representations that the Platforms are appropriate or available for use in any other territory outside the state of Karnataka.
The Contest Entry is non-transferable and non-exchangeable. Participant agrees and undertakes that no cash, cash equivalent, or alternatives will be given to the Participant for submitting the Contest Entry or otherwise participating in the Contest. Further, the Contest Sponsor, at its sole discretion, reserves the right to change/substitute the Prize without assigning any reason and without any prior notice and the Participant shall not have any claims and/or objections in this regard.
The Participant shall not, under any circumstances, make any claims against the Company arising out of or relating to any 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 Participant’s participation in the Contest or any related activity, to the extent permitted under law. If the Participant is found to be ineligible, or if he/ she has not complied and/or is found to be in breach of these Terms and Conditions, the corresponding Contest Entry shall stand disqualified and such decision shall be final and binding on the Participant.
Employees, officers, agents, affiliates (including their respective family members and relatives) of the Company/Contest Sponsor, its group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the Contest.
The Company shall not entertain any complaints, disputes or claims arising from or relating to the Contest, Contest Entry submission mechanism/ criteria and/or selection/determination of the Winner. The Participants accept and agree that all decisions of the Company/Contest Sponsor in respect of the Contest shall be final and binding on the Participant.
No dispute shall be entertained with regards to the Contest, Contest Entry submission mechanism/ criteria and/or selection mechanism of the Contest Entries received by the Company/Contest Sponsor. The Participant accepts and agrees that all the decisions of the Company/Contest Sponsor shall be final and binding on the Participant. The Participant further accepts and agrees that all decisions regarding the selection/determination of the Winner shall be that of the Contest Sponsor and the Company shall not be liable for any claims in this regard.
By participating in the Contest, it is construed that the Participant has read and understood these Terms and Conditions, the privacy policy including the General Terms and Conditions stated below and Participant’s act of participation in the Contest will be deemed acceptance to abide by the same.
Compliance with all the terms and conditions mentioned herein shall constitute the Participant’s valid entry into the Contest (“Contest Entry”).

II. GENERAL TERMS AND CONDITIONS

Participation in the Contest is open only to married couples residing in the state of Karnataka.
The Company/Contest Sponsor reserves all rights to amend, modify, alter or delete, the whole or part of the Terms and Conditions or withdraw/cancel the Contest at its sole discretion without any prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions as made available on zeekannada.zee5.com or such other links/platforms as determined by the Company in its sole discretion.
The Participant understands and agrees that the Company shall not be responsible in any manner whatsoever for any Contest Entries received from the Participants anywhere in the world.
Participant(s) who do not comply with these Terms and Conditions, or who attempt to interfere with the process of Contest or the operation of the Platform in any way shall be immediately disqualified and their respective Contest Entries shall stand rejected.
The Participant accepts and agrees that participating in the Contest shall be deemed as his/her acceptance of these Terms and Conditions even if the same is not explicitly mentioned by the Participant. The Company shall not be responsible for delayed receipt or non-receipt or incomplete receipt or corrupt receipt of any Contest Entry.
The Company/Contest Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend any Contest Entry submitted by any Participant, 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 Contest or if the Company/Contest Sponsor suspects the above. The decision regarding acceptance of the Contest Entries received by the Company shall be decided by the Company/Contest Sponsor at its sole discretion.
The Company/Contest Sponsor makes no representations, warranties nor provides any undertakings to any of the Participant(s) that merely participating in the Contest will automatically qualify such Participants as being eligible to further participate in the Contest or win any Prize.
The Company/Contest Sponsor shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses, of any nature, suffered / incurred by any of the Participant(s) in relation to the Contest, including but not limited to any loss of opportunity, damages, losses, costs, expenses suffered/incurred on account of the Company/Contest Sponsor rejecting the participation/Contest Entry of the Participant or the Participants’ inability to participate in the Contest, for any reason whatsoever.
Notwithstanding any other provisions mentioned herein, the Company/Contest Sponsor may, at its sole and absolute discretion, cancel or reschedule the dates of the Contest to any other dates as may be determined by the Company/Contest Sponsor in its sole discretion.
At no point of time will the Company/Contest Sponsor be obliged to notify the Participant, as to whether his/her respective Contest Entry has been disqualified/cancelled or rejected.
All Contest Entries and/or any kind of data received by the Company/Contest Sponsor and/or through the Platforms shall be stored, maintained, or shared in accordance with the Company/Contest Sponsor/ Mobile Network/Platform privacy policy and the Company/Contest Sponsor shall at no time be under any kind of obligation to discard or maintain the said information received from the Participant.
The Participant expressly agrees that the Company/Contest Sponsor will have the unfettered right to reproduce all the Contest Entries on any and all formats, media and/or mediums, existing or otherwise arising in future, including but not limited to television, internet, mobile, print, etc.
By participating in the Contest, the Participant 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 Participant, in any manner, in relation to the Contest or for any promotional or marketing activities related to the Channel and its programmes, including, without limitation, the Show.
The Winner hereby allows, grants and permits, on his/her behalf and on behalf of his/her partner/spouse, the Company to record (audio-video/audio or video) the Winner and his/her partner/spouse’s performance/participation/appearance in the Show at the time of collecting the Prize, including but not limited to any performance(s) rendered by the Winner and his/her partner/spouse and any of the Winner’s and his/her partner/spouse’s interaction with the Company or any artistes, guests, participants, audience of the Show, and/or representative of Company/Contest Sponsor, if any, or any related series of sound recordings and video recordings which have been shot during the Winner’s and his/her partner/spouse’s appearance in the Show for collecting the Prize on film, tape or digital or other electronic media and includes a recording of any personal questions or conversations relating to the Winner’s and his/her partner/spouse’s personal life (“Recordings”) and further irrevocably agrees that the Recordings 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 Show, the Channel or any other programme(s) of the Company. For the avoidance of doubt, all rights in the Recordings vests exclusively with the Company worldwide in perpetuity and the Winner accepts and agrees that the Company is entitled to exploit the same in any manner it may deem fit. The Winner shall ensure that he/she has procured/shall procure all consents, approvals, licenses and permissions from his/her partner/spouse for the purposes of the Recordings and assignment of all rights in and to the results, products and proceeds of the partner/spouse’s appearance in the Show in favour of the Company. The Winner shall indemnify and hold harmless the Company against any loss, claims, damages arising from the Winner’s failure to procure any consents, approvals, licenses and permissions from his/her partner/spouse for the purposes of the Recordings and assignment of all rights as mentioned above in favour of the Company.
The Participant/Winner irrevocably and unconditionally grants in perpetuity to the Company and thereby the Company shall have perpetual and universal right to use the Winner’s name, images, voice, likeness, photograph, image, face, signature, performance and biographical information in and in connection with the Show and for the purpose of promoting the Show. The Participant/Winner agrees that the rights granted hereunder shall include the perpetual, worldwide right of the Company to edit, telecast, cablecast, rerun, record, publish, reproduce, use, license, print, distribute or otherwise exploit, in any manner and in any mode, medium or formats of exploitations whether now known or hereafter devised, the Show and the Recordings, in whole or in part, without any compensation whatsoever to the Participant/Winner. Participant/Winner acknowledges that in the event assignment in future mode, medium, format is considered invalid for any reason under any law or in equity, then Participant/Winner, in lieu of the opportunity to participant in the Contest, hereby grants to the Company for worldwide territory and in perpetuity, an exclusive, irrevocable, fully paid up license in all the rights in the Recordings assigned herein, to exploit the same in any manner whatsoever. If the above mentioned license is considered ineffective in any manner, Participant/Winner agrees to provide any ratifications/consents as may be deemed necessary to accomplish the purposes of the foregoing in favor of the Company, as requested by the Company.
The Participant/Winner hereby acknowledges and agrees that all the results, products and proceeds of the Participant/Winner’s participation in the Show, including, without limitation the Recordings, (collectively termed as “Work”) shall at all times constitute and shall be deemed to be “work-made-for-hire”/ “commissioned works” developed at the instance of the Company in accordance with the Copyright Act, 1957 as per Section 17 (b) of the Copyright Act, 1957, and the Company shall be the first and exclusive owner of all rights including but not limited to intellectual property rights and copyright in the Works for all purposes, throughout the entire Universe and in perpetuity. The Company, as first and exclusive owner, shall have the sole and exclusive right to exercise all rights comprised in the copyright in and to the Works in accordance with Section 14 of the Copyright Act, 1957 (as amended from time to time) or any other equivalent provision thereof. The Participant/Winner further acknowledges that the Company is and shall be the first and exclusive owner of all intellectual property rights including copyrights in the Show, Works, Recordings and derivate rights in the same, in the entire Universe and in perpetuity.
The Participant/Winner further acknowledges that the Company shall be the sole and exclusive owner of derivative rights and shall have the sole and exclusive right to produce derivative works based on the Show and/or Works.
Exploitation Rights: The Company retains the right to use, adapt and change the Works in whole or in part or create any further episodes/programmes at the discretion of the Company, including dubbing, and to combine the Works, in whole or in part with other works. The Company may vend, copy, publish, reproduce, record, transmit, broadcast or telecast by radio, television or computer, with or without sound including without limitation, spoken words, dialogue, and music synchronously recorded and to communicate the Works in whole or in part by video exhibitions, foreign exhibitions, theatrical and non-theatrical exhibitions in supplemental markets for all other exploitation now known or later devised, including without limitation the creation of foreign, interactive, computer, video games and other versions of the Show and the exploitation of any ancillary rights, including without limitation, merchandising rights.
“Other Rights”: The Participant/Winner acknowledges that the “moral rights” or “special rights of the author” of the Participant/Winner shall not in any manner be infringed due to the Company exercising its right to (a) revisions, deletions, abridgements, or other changes in the Works, or (b) withdraw the Works from distribution. To the extent permissible as per applicable laws, the Participant/Winner hereby unilaterally, irrevocably and unconditionally waives the benefit of any personal rights, publicity rights, moral rights, if any, of any provision of law known as “droit moral,” “droit d’auteur” and “droit de suite” or any similar law in any country of the world in respect of the exercise of the Company’s rights hereunder, and the Participant/Winner hereby irrevocably and unconditionally grants all necessary consents under any applicable laws.
The Participant/Winner hereto expressly agrees that all rights, title and interest including any and all copyright, intellectual property rights and all other allied, ancillary and subsidiary rights, in relation to broadcast on cable and satellite television, on the internet, throughout the world in and to the Show, the Works, Recordings, the underlying works in the Show such as script, musical works, the title and logo of the Show etc. is and shall vest with the Company, in perpetuity and throughout the entire Universe.
Without limitation to the foregoing, the Participant/Winner is aware and hereby acknowledges that new rights to the Works may come into being and/or be recognized in the future, under the law and/or in equity (hereafter the “New Exploitation Rights”), Participant/Winner is also aware and does hereby acknowledge that new (1) technology, (2) uses, (3) media, (4) formats, (5) modes of transmission and (6) methods of distribution, dissemination, exhibition or performance (hereafter the “New Exploitation Methods”) are being and will inevitably continue to be developed in the future, which would offer new opportunities for exploiting the Works. In the event the Participant/ Winner has any rights in and to the Works including New Exploitation Rights and New Exploitation Methods that cannot be assigned to the Company by operation of law as provided above and cannot be so waived, the Participant/ Winner, in consideration of the Prize and the opportunity to participate in the Contest, hereby grants to the Company an exclusive, irrevocable, license in perpetuity and for the territory, to reproduce, distribute, modify, publicly perform and publicly display, with the right to sublicense and assign such rights, in and to the Company, including without limitation, the right to use in any way whatsoever the Works. To the extent any of the foregoing provisions is ineffective under applicable laws, Participant/ Winner hereby provides and shall provide, without any additional cost to the Company, any and all ratifications and consents necessary to accomplish the purposes of the foregoing. The Participant/ Winner shall confirm any such ratifications and consents from time to time as requested by the Company.
The Participant unconditionally and irrevocably assigns all rights including but not limited to Intellectual Property Rights, if any, present in the Contest Entry submitted by them in favour of the Company, for the entire world and in perpetuity and the Participant agrees and acknowledges and makes all necessary declarations confirming the aforesaid. Such assignment shall operate for all the modes, media and formats of exploitation, whether now in existence or arising in future. The Participant agrees and acknowledges that the Company or any person or entity authorised by the Company in this regard shall be entitled to the unrestricted use of the Contest Entries received or any information in connection with the Contest Entry in any mode, media or format for future promotional, marketing, publicity and any other purpose, without any permission and/or payment to the Participant. The Participant shall not dispute the same at any time.
The Participant hereby accepts and agrees that the opportunity to participate in the Contest and appear on the Show (if selected as a Winner) is sufficient consideration for the assignment/grant of all rights as mentioned herein and that the Participant shall not be entitled to any other payments.

III. OTHER TERMS

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 Participants.
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 Bangalore.
The Company/Contest Sponsor 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 Participant.
In case of any dispute or difference in respect of this Contest, Terms and Conditions, etc., the decision of the Company’s/Contest Sponsor’s management shall be final and binding on all concerned. No correspondence disputing this Contest, Terms and Conditions, decision relating to the Winner (as selected by the Contest Sponsor), any decision of Company’s/ management, etc. will be entertained by the Company.
All rights, title, claim and interest, including but not limited to the intellectual property rights, in the promotional material(s)/activity and in any and all Contest Entries of the Participants’ received shall vest solely and exclusively with the Company throughout the world in perpetuity. The Participant/Winner agrees and acknowledges that the Company or any person or entity authorised by the Company in this regard shall be entitled to the unrestricted use of the Contest Entries received or any information in connection with the Contest Entry in any mode, media or format for future promotional, marketing, publicity and any other purpose, without any permission and/or payment to the Participant/Winner. The Participant/Winner shall not dispute the same at any time.
The Participant/Winner hereby further undertakes to do any and all acts and execute any and all documents in such manner and at such locations as may be required by the Company in its sole discretion in order to secure, protect, perfect or enforce any of the rights of the Company pursuant to this Contest and/or Terms and Conditions. In the event the Participant/Winner fails to do so within two (2) days of receipt of a request from the Company to do or perform an act or execute a document, the Company shall be entitled to exercise the same in place of the Participant/Winner as the lawful appointed attorney and the Participant/Winner undertakes to affirm, ratify and be bound by such exercise of the right by the Company/Contest Sponsor as mentioned hereunder.
Any clarifications that the Participant may require or any complaints that the Participant may have with respect to this Contest shall be emailed to response@zee.com. Further, any clarifications that the Participant/Winner may have with respect to the determination of the Winner or in relation to the Prize shall be directed to the Contest Sponsor only.
Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and the Company.
The Terms and Conditions of and in relation to the Contest as stated herein, is an electronic record as per the Information Technology Act, 2000 and rules framed thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Participants shall be solely responsible for any costs and expenses incurred towards internet connection charges, e-mail transmission charges, data transfer (send/receive) charges, mobile connection charges or other incidental costs or expenses as may be applicable in relation to participating in the Contest, as well as any other service charges, applicable taxes, levies, duties, cess, etc. as may be charged by the respective service provider(s).
The Company shall not be responsible for any errors or omissions in the Terms and Conditions contained herein. All information provided by the Company is provided “As is” without any warranties of any kind. To the fullest extent permitted by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, the Company specifically disclaim any warranty (a) that the Contest Platforms will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components that exist on the Contest Platforms (d) regarding the security of information submitted, and (e) regarding correctness, accuracy, or reliability of any information pertaining to the Contest.
If the Participant is found to have indulged/be indulging in any malpractices such as cheating, misrepresentation, providing false information etc. then the Contest Entry of such Participant shall not be taken into consideration and strict legal action may be taken by the Company/Contest Sponsor against such Participant. The Company/Contest Sponsor further has the right to reject the Participant’s participation in the Contest in the event the Company/Contest Sponsor believes or has reasons to believe that the Participant is (i) legally disabled (ii) had or has a criminal record (iii) has been involved in any offence involving moral turpitude, including but not limited to, sexual harassment, fraud etc.
The Participant agrees, acknowledges and undertakes that he/she shall not at any point in time make any negative, false or defamatory comments or statements regarding the Show, the Prize, the Channel, the Contest Sponsor, the artistes, the Company, its business operations or personnel or any other activity related or in connection with the Contest, directly or indirectly and more specifically, in public.
The Participantshall ensure that all his/her communication with the press /media in all forms including print and electronic media (including any social media platform) will be in consultation with the Company and on specific written approval from the Company.
The Participant represents and warrants that there are no alleged, threatened, or pending litigation related to him/her which will impact the Company, Contest Sponsor and/or the Contest in any manner.
Nothing stated in this Terms and Conditions shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision of this Terms and Conditions and any statute, law, ordinance or regulation, then, such statute, law, ordinance or regulation shall prevail and the provisions of this Agreement so affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
If any provision of these Terms and Conditions is deemed invalid by any law or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Company’s/Contest Sponsor’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms and Conditions at any time and without notice, and it is the Participant’s responsibility to review these Terms and Conditions for any changes. The Participant’s continued participation in the Contest subsequent to any amendment(s) to this Terms and Conditions will signify his/her assent to and acceptance of the revised Terms and Conditions.
The Company does not make any commitment, express or implied, to respond to any feedback, suggestion and/or queries of the Participant at any time.
The Participant acknowledges that he/she has voluntarily chosen to participate in the Contest on his/her free-will without being under any coercion or duress, individually and jointly, and is willing to bear all risk, costs and consequences arising from such participation in the Contest.
The Participant or any person related to them shall not attempt to gain unauthorized access to any other Participant information, or servers or networks connected to the Company’s services by any means, including but not limited, to disrupt the Company’s services by uploading content/material which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource. The Participant or any person related to them agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Company or the Company’s services.
The Participant accepts and agrees that the Company may transfer,license and assign the rights and/or obligations under this Terms and Conditions at its sole discretion to any third party. The Participant shall not assign any rights or obligations under these Terms and Conditions to any third party. Any purported assignment by the Participant shall be null and void.
By participating in the Contest and/or collecting/receiving the Prize, it is construed that the Participant and his/her partner/spouse has read and understood these Terms and Conditions, the privacy policy including the General Terms and Conditions stated herein and Participant’s and his/her partner/spouse’ act of participation in the Contest and/or collecting/receiving the Prize will be deemed acceptance to abide by the same.

IV. NO LIABILITY

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 Participant at any stage of the Contest whether or not caused by (1) the Participant’s participation in the Contest; (2) as a result of the any decisions of the Company/Contest Sponsor for any matter relating to the Contest; (3) while visiting the Show’s set/premises/location for the purposes of collecting the Prize; (4) the manner of depiction of the Participant/Winner. 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 Contest. 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; or circumstances beyond the Company’s reasonable control.
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/costs/death/ mental or emotional trauma suffered by the Participant(s) in connection with the Contest or using/enjoying any Prize 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 Contest. Further the Participant(s) shall defend, hold harmless and indemnify the Contest Sponsor, 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 Participants’ participation in the Contest, any act of the Participant, any post and/or Contest Entry and/or any third-party claims with respect to the material/Contest Entry submitted by the Participant(s)
The Participant(s) shall not hold the Contest Sponsor, 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 participant information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit Participant’s ability to participate in the Contest, including any injury or damage to Participants or any other person’s mobile device or internet connection relating to or resulting from participating in the Contest or downloading any materials. The Contest Sponsor, 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 Contest Entries and the methodologies/ processes/ mechanisms of said Contest Entries, however, the Participants hereby acknowledge and agree that such methodologies/ processes/ mechanisms are not infallible, and that the Company makes no guarantee as to its effectiveness.
The Participant agrees that he/she shall hold harmless the Contest Sponsor, the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors, vendors or any other person in connection with the Contest, any increase/decrease in the charges charged to the Participant by his/her network provider for submitting the Contest Entries. The Participants shall solely bear all costs and expenses incurred by them in respect of their participation in the Contest.
The Participant shall solely bear all costs and expenses incurred by them in respect of their participation in the Contest, including, without limitation, all costs and expenses incurred in relation to travel, accommodation, food etc. incurred on account of visiting the Show’s set/premises/locations for the purposes of collecting the Prize, if such Participant is selected as a Winner, without any recourse to the Company/Contest Sponsor.
The Participant agrees and acknowledges that for the purpose of the Contest, the Company and its representatives may gain access to personal information of the Participant. The Company takes appropriate technical and organizational measures to protect the personal information provided by the Participant against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. However, the Company cannot guarantee the security of any personal information or data which the Participant discloses. In any event, Participant agrees not to hold the Company responsible for any breach of security, except in case of negligence or willful default on the part of the Company under the relevant legislation
The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participants and arising as a result of his/her participation in the Contest.
The Participant/Winner accepts and agrees that the Prize awarded to the Winner is provided on an “as-is” basis and provided directly by the Contest Sponsor and the Company is not, in any manner, responsible for the determination of the Winner and/or procurement of the Prize. The Company expressly disclaims any representation and/or warranty with respect to the type of Prize, its nature, quality, condition, functionality and/or operation. The Participants accept and agree that they shall not have any claims against the Company, of any nature, with respect to the Prize and/or determination of the Winner.
The Company disclaims all warranty and makes no representation about the quality, usefulness, worthiness, delivery or otherwise of the Prize offered by the Contest Sponsor. All images/visuals of the Prize in the communications or advertising material or content, if any, are indicative only and may be subject to change and the Company shall not, in any manner, be liable for the same.
The Company accepts no responsibility for any non-delivery of the Prize.
The Participant accepts and agrees that the Company shall not be responsible/liable for any loss or damages pertaining to the Prize or for the quality and or the condition of the Prizes arising on account of any reason, including, without limitation, those caused on account of transportation, handling etc. All prizes are received by the Company from the Contest Sponsor believing the contents to be of the highest quality and standard.
The Company shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize.
The Winner will use the Prize provided by the Contest Sponsor entirely at his/her own risk and will indemnify and hold the Company harmless for any accident, harm, death, damages, costs and/or loss sustained by the Winner as a result of the possession or use of Prize.
Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Contest on account of any force majeure factors or otherwise.
Company/Contest Sponsor shall not be held responsible or accountable for any expenses (including but not limited to charges charged by the network providers for each Contest Entry submitted by the Participant), loss, or any other liability which may arise due to the Participant submitting Contest Entries, including, without limitation, through the Platforms.
The Participant hereby agrees to indemnify the Company/Contest Sponsor and/or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Contest or due to any representations, misrepresentations, or concealment of material facts by the Participant.
These Terms and Conditions, together with the any other terms of use, privacy policy on any platform of the Company, constitute the entire agreement between the Participant(s) and the Company in relation to the Contest and supersedes all previous agreements/understandings/arrangements in respect of the Participant’s participation in the Contest. In the event of any inconsistency between any terms and conditions or conditions contained herein and any other terms of use, privacy policy on any platform, these Terms and Conditions shall control and govern the Participant to the extent of such inconsistency or ambiguity.
Company/Contest Sponsor shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the production of the Contest and/or conducting the Contest on any account, including without limitation, on account of any force majeure events.
The Company/Contest Sponsor shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses, of any nature, suffered / incurred by any of the Participant(s) in relation to the Contest, including but not limited to any loss of opportunity, damages, losses, costs, expenses suffered/incurred on account of the Company/Contest Sponsor rejecting the Contest Entry of the Participant or the Participants’ inability to participate, for any reason whatsoever.