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TERMS AND CONDITIONS
ZEE Entertainment Enterprises Limited (“ZEEL”) is hosting a social media campaign named “ZEE Kannada Sa Re Ga Ma Pa Online Auditions” wherein ZEEL will conduct an online audition for its viewers and inviting them to participate in the Voting Activity and getting a chance to shortlist their favourite “Singer” for shortlisting participants for the SaReGaMaPa 2024 (“Program”). By means of these terms and conditions set forth herein (“Terms and Conditions”), ZEEL is providing an opportunity to the interested viewers (“Voter(s)”) to cast his/her votes to choose and support their favourite “SINGER” from the list of nominated participants on ZEEL’s Instagram account https://www.instagram.com/zeekannadasaregamapa (“Voting Platform”) on terms more particularly described herein below which Voter agrees to be unconditionally bound by (“Voting Activity”):
I. PROCEDURE FOR PARTICIPATION IN THE VOTING ACTIVITY:
- In order to participate in the Voting Activity, each Voter shall be required to cast his/her vote (“Voting Entry”) to select his/her favourite “SINGER” out of the various participants nominated by ZEEL (“Nominee/s”). Each Voter shall be required to submit their Voting Entry by liking and sharing the posts with video/s of such Nominees singing on the Voting Platform.
- The Voting Activity period for voting shall start from 30th November 2024 and continue till 10th December 2024. (“Activity Period”)
- Only one like per post shall be considered as one vote of each Voter on the Voting Platform and shall be taken into consideration for the purpose of counting the Voting Entries. Additionally, one Voter can vote for multiple videos, and each such vote shall be taken into consideration.
- ZEEL shall promote the Voting Activity through the medium of the TV channel, website, media (newspapers), television (promos, astons, bugs etc.), radio, digital media/ online and any other manner as shall be deemed fit by ZEEL, at its sole discretion, stating the mechanism in which the Voters can submit the Voting Entry in the Voting Activity.
- Voting Entries received after the Activity Period shall be considered null and void. ZEEL shall have the right to modify/extend/cut down the Voting Activity Period at its sole discretion without any prior intimation to any Voter. ZEEL recommends all Voters to periodically check these Terms and Conditions to check for any changes to the Activity Period and/or other terms contained herein.
- The Shortlisted Singers result shall be as per ZEEL’s sole discretion.
- 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 ZEEL has the right to remove any such material/Post which may not be in consonance with applicable law.
- ZEEL and/or Voting Platform 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 Platform are provided “as-is” and as available and ZEEL expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ZEEL and/or Voting Platform cannot guarantee and does not promise any specific results from use of the services of the Voting Platform in whatsoever manner.
- ZEEL 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.
- ZEEL makes no representations that the Voting Platform are appropriate or available for use in any other territory outside India.
- The Voting Entry made is non-transferrable and non-exchangeable. Voter agrees and undertakes that no cash equivalent or alternatives will be given to the Voter for submitting the Voting Entry.
- The Voter shall not in any circumstances make any claims against ZEEL entities arising out of or relating to directly or indirectly, to the Voter’s participation in the Voting Activity or any related activity, to the extent permitted under law.
- The decision of ZEEL in connection with the Voting Entry submission mechanism/ criteria and/or counting mechanism of the Voting Entries received by ZEEL will be final and binding and shall not be disputed or challenged by the Voter. In case of any dispute, the decision of ZEEL’s shall be final and binding on all concerned.
- By participating in the Voting Activity, it is construed that the Voter has read and understood these Terms and Conditions and Voter’s act of participation in the Voting Activity will be deemed acceptance to abide by the same.
II. GENERAL TERMS AND CONDITIONS
- Participation in the Voting Activity is open to citizens worldwide.
- ZEEL may determine the correctness, validity, and appropriateness of the Voting Entries, at their sole discretion.
- ZEEL 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 Voting Platform.
- The Voter hereby undertakes, warrants and guarantees to ZEEL that he/she has full legal capacity to participate in the Voting Activity in accordance with law and also these Terms and Conditions.
- The Voter understands and agrees that ZEEL shall not be responsible in any manner whatsoever for any Nominee not being selected as a Shortlisted Singer/s. ZEEL shall not entertain any complaints from the Voters or any person related to the Voter in relation to the Voting Activity.
- The Voter acknowledges that he/she has voluntarily chosen to participate in the Voting Activity at 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 Voting Activity.
- Casting of a vote shall construe acceptance of these Terms and Conditions even if the same is not explicitly mentioned by the Voter.
- The Voter(s) shall not hold ZEEL, 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 relating to or resulting from participating in the Voting Activity or downloading any materials. ZEEL and/or its representatives shall not be responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected votes, which shall be disqualified. ZEEL 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 ZEEL makes no guarantee as to its effectiveness.
- All Voting Entries and/or any kind of data received by ZEEL and/or Voting Platforms shall be stored, maintained or shared in accordance with ZEEL/Voting Platform’s privacy policy and ZEEL/ Voting Platforms shall at no time be under any kind of obligation to discard or maintain the said information received from the Voter.
III. OTHER TERMS.
- If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
- The Terms and Conditions shall be governed, interpreted by and construed in accordance with the laws of India and the Courts of Bangalore, India shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon these Terms and Conditions.
- ZEEL reserves the right to terminate and/or postpone the Voting Activity without giving any prior notice to the Voter. Such decision shall be final and binding on the Voter and the same shall not be disputed and/ or challenged in a court of law or otherwise.
- 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.
- ZEEL and/or any party authorized by ZEEL shall be entitled to have access to the Voting Entries at all times during the Voting Activity. The Voter acknowledges that the Voting Entries are not being submitted/ disclosed to ZEEL in confidence.
- The Terms and Conditions of and in relation to the Voting Activity as stated herein, is an electronic record in Terms and Conditions of Information Technology Act, 2000 and rules 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.
- The Voter hereby represents, warrants and agrees that the Voter shall at all times be in full and complete compliance with all applicable laws, statutes, acts, rules, customary norms.
IV. NO LIABILITY
- ZEEL 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.
- ZEEL, 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 due to any representations, misrepresentations or concealment of material facts by the Voter 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 ZEEL 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 Nominee made and/or passed by the mentor appointed by ZEEL. Notwithstanding the generality of the foregoing, ZEEL 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 ZEEL 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 ZEEL’s reasonable control.
- ZEEL shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the production of the and/or conducting the Voting Activity on account of any force majeure factors or otherwise.