TERMS AND CONDITIONS
ANTARACHA CHALLENGE
The following are the terms and conditions governing the contest “AntaraChaChallenge” (“Contest”) held in connection with promotion of Viacom18 Media Private Limited (“Viacom18”) upcoming the Marathi language program titled “Jeev Majha Guntala”(“Program”) on “Colors Marathi” (“Channel”). The Contest shall be held from a period commencing from 3rd November, 2021 and shall continue until 22nd November, 2021at 11:59 PM (“IST”) (“Contest Period/ Period”).
1. Eligibility
This Contest is organized by Viacom18 and is open to all individual participation who (“Participants”):
a. Are above 13 (thirteen) years of age;
b. Are viewers of the Program;
c. Have and are able to provide a valid email address to Viacom18 when required;
d. The Participant agrees that he/she will be required to submit all valid proofs of name/ age/ address/ nationality/citizenship and/or any other document if and as may be required by Viacom18 from time to time.
In case of minor Participants between the age group of 13 (thirteen) years to 18 (eighteen) years participating in the Contest shall be strictly with knowledge and due consent of their parent /legal guardian. All the representation and warranties, obligations, terms and covenants as laid down herein and applicable to the Participant shall be deemed to be applicable on the Parent / Legal Guardian of minor Participants hereby agrees to comply and abide by the same.
2. Concept
Viacom18 has developed an augmented reality social media filter based on the Program on Instagram (https://www.instagram.com/ar/312904770672476/) and Facebook (https://www.facebook.com/fbcameraeffects/tryit/312904770672476/) (collectively “Platforms”) using which each Participant can click a picture to create an online avatar of themselves in the game. The game is racing game wherein each Participant shall control the movement of vehicle using their facial moments which will be captured through the camera of their mobile devices. After completing the game each Participants needs to take a screenshot of their score and submit it to the Platforms in the manner as mentioned under point 4 mentioned hereinbelow. (“Submissions”)
4. Submission Mechanism
Participant must have a valid account on the Platforms. For the sake of clarity, it is hereby agreed and confirmed by the Participants that the account on Platforms should be personally operated by the Participant and shall not be an account opened and operated by a family member and/or friend of the Participant. During the Contest Period Participant can submit their Submissions along with their with name, city and mobile number as i) a direct message to the official Page of the Channel “Colors Marathi” on the Platforms ii) as a post on their respective profile along with #AntaraChaChallenge.
5. Selection of Winners
6.1 SELECTION PROCESS
A. At the end of the Contest Period, Viacom18 and/or its representatives will review and scrutinize all the eligible Submissions submitted during the Contest Period and then select the Participant with highest score in the game. (“Shortlisted Participants”). Viacom18 shall select a maximum of 15 Participants as Winners of the Contest and reserves the right to increase or decrease the number of Winner/s at its sole discretion.
B. The Winners(s) will be selected by Viacom18, determined as per their sole discretion for each Submissions submitted during the Contest Period.
C. In the event that Viacom18 is of the opinion that none of the Submissions are eligible to be selected, then Viacom18 may exercise its discretion not to select any Submissions and hence there will be no Winner/s.
D. Viacom18 will have the right to verify the authenticity of each Submissions uploaded as part of the Contest and the Participants are required to comply with the requests of Viacom18 to verify the authenticity of the content of their Submissions submitted to Viacom18.
E. Viacom18 reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. The decision of Viacom18 in this regard shall be final and binding upon the Participant(s).
F. A Participant once chosen as a Winner will be entitled to the Gratification (as defined below). Mere participation in the Contest does not entitle the Participants to win any Gratification.
G. Gratification: The Winners of the Contest shall get one-time opportunity to meet and greet with the cast of the Programs through an online interactive session. The session shall take place on the day/date and time as determined by the Viacom18 in its sole discretion. Viacom18 shall have the right to change the date and/or time of the session at its sole discretion and without assigning any reason for the same.
H. All decisions of Viacom18 shall not be subject to any appeal of any nature whatsoever. By participating in the Contest, it shall be construed that the Participant has waived his/her right to dispute Contest and/or the Prize and/or any decision(s) made by Viacom18.
I. Each Participant consents to the use of information supplied by the Participants, to the extent possible under any applicable laws of India, in any media for further promotional, marketing and publicity purposes without any further payment or other compensation to the participant by Viacom18 and its affiliates.
J. The Winner/s shall not in any circumstances make any claims against Viacom18 or the Viacom18’s affiliates/entities/representatives arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the winner’s participation or non-participation in the Contest or any related activity. If the Winner is found to be ineligible, or if he or she has not complied with these terms and conditions, the corresponding Submission/s will not be considered further.
K. If Viacom18 so elects, Winner/s will be required to submit to a confidential background check to confirm eligibility and may even be required to sign a release letter on the format provided by Viacom18 and help ensure that the Winner/s will not bring Viacom18 Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Viacom18 as determined in their sole discretion.
6.2 TERMS AND CONDITIONS FOR THE GRATIFICATION
A. Viacom18 reserves the right to change the Gratification at any time at its discretion.
B. The Gratification cannot be transferred, negotiated, refunded or exchanged and only the Winner(s), and not any other person or agent, may claim the Gratification.
C. Shortlisted Participants will be contacted via direct message of the Platforms on which they had submitted the Submissions to provide proof of their name, age, email id and phone number (“Contact Details”) to within 24 hours. Upon receiving the message, the Shortlisted Participants would then be asked to write an email to the email ID as may be communicated by Viacom18 with their name, age, email id and phone number (“Contact Details”) within 24 hours of receipt of such message from Viacom18 without which they will not be entitled to the Gratification. Each Participant(s)/Winner consents to the use of information supplied by the Participant(s)/Winner for the purposes as set out in these Terms and Conditions. The Participant agrees and confirms that such contact details shall be their own, and the Participant shall at no time submit any contact details which belong to a third party.
D. Upon receipt of the Contact Details, Viacom18 shall contact the Shortlisted Participants via email/call to submit scanned copies of their identity proof, age proof and address proof (eg picture of passport/electricity bill/any other valid ID for verification) (“Document”) within 48 hours of such email/call from Viacom18. In the event, any Shortlisted Participant fails to submit the Documents his/her participation shall be invalidated and shall forfeit his/her chance to win the Gratification. It is clarified that Viacom18shall not be obligated to shortlist another Participant in place of such forfeited Participant.
E. Viacom18 shall make only one (1) attempt to reach the Shortlisted Participant. In case they do not revert, the selection shall be invalidated and Viacom18 shall not be liable to that Shortlisted Participant in any manner whatsoever.
F. Upon verification of the credentials only those Shortlisted Participant that are in compliance with Terms and Conditions requirements stated herein, shall be contacted via through a telephone call, informing them that he/she is the winner (“Winner”). The communication to the Winner would be done within 2 (two) days from the end of the Contest Period.
6.3 LIMITATIONS OF LIABILITY: BY ENTERING THE CONTEST, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY GRATIFICATION AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED AND ASSOCIATED WITH ENTERING THE CONTEST (IF ANY), NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL VIACOM18 AND/OR VIACOM18 ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL PUNITIVE, OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER DIRECT OR INDIRECT, ARISING IN ANY WAY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
7. Participation shall be governed by the terms and conditions as detailed hereinafter. Upon submitting the Submissions (as per the terms of the Contest) as per the Submission Mechanism in accordance with the requirements and criteria as laid down herein, the Participant hereby agrees to have read and understood all the terms and conditions stated herein and agrees to abide by the same.
8. The Terms and Conditions of and in relation to this Contest as stated herein, is an electronic record in terms of Information Technology Act, 2000 (“Act”) 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.
By virtue of participation and registration, the Participant hereby agrees to the following conditions and undertakes as follows:
i. The Participant is competent to contract and does not suffer from any disqualification or such other infirmity which may cause the contract to be void or voidable at the option of the Participant.
ii. The Participant confirms that he/she is an adult and is entitled to enter into a valid agreement. The Participant acknowledges that he/she has voluntarily chosen at his/her free-will to participate in the Contest and is willing to bear all risks, costs & consequences arising from such participation in the Contest and/or the Program.
iii. The Participant represents that he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to Viacom18. That the Participant is not required to be present before any authority including police or any court of law for a term of twelve (12) months from the date of application and has no other disability which would prevent his/her participation in the Contest.
iv. Employees of and/or consultants of and/or persons hired on contract by Viacom18 and /or Producer and/or their associates and affiliate companies/ sponsors of Viacom18, will not be qualified for the participation in the Contest and requested not to register for the same.
v. Mere participation does not guarantee the selection of the Participant’s Submissions and such selection including the selection criteria /process shall be as per the sole discretion of Viacom18 at all times. The Participant shall not and waives any right to question the selection/evaluation process, non-selection of the application / entry and/or the selection of any other applicant/participant.
vi. The number of Participants who shall be finally selected as Winner(s) of the Contest shall be at the sole discretion of Viacom18 at all times and decision of Viacom18 shall be final and binding.
vii. In the event of large number of participations, the chance to be selected may be strictly on the first come first basis till closure of the Contest Period. No further requests for participation shall be entertained by Viacom18. Viacom18 reserves its right to reduce / extend the Contest Period as per its sole discretion at any point of time. Viacom18 reserves the sole discretion to change/modify the terms of this Contest at any time without prior intimation.
viii. The Participant acknowledges, agrees and undertakes to abide at all times by all the rules, regulations, terms and conditions for this Contest as laid down herein and as determined / modified from time to time by Viacom18.
ix. The Participant and/or Winners may be required to sign / execute a declaration/registration form for participation in the Contest and/or release letter and/or a declaration form, if any as required by Viacom18 shall govern the Participant’s participation in the Contest.
x. Viacom18 shall have the sole discretion to discontinue/cancel the Contest at any point of time and the Participant shall not raise any claim due to such discontinuation or cancellation at any time whatsoever.
xi. Taking part in the Contest shall be deemed to be consent by the Participant to receive promotional messages about the shows and programs of the Viacom18 and messages relating to the Program from Viacom18 and/or any third party so authorized by Viacom18.
xii. In the event of any violation to the aforementioned or in case it comes to the knowledge of Viacom18 that the details submitted by the Participant in the application are not correct or in case the Participant does not meet the Eligibility criteria mentioned in these Terms & Conditions, the Participant may immediately be disqualified from being considered to be a Participant for the Contest and shall solely remain liable for any action (criminal/civil) arising therefrom.
xiii. The Participant who shall be required to submit the KYC documents including documents for age proof, address proof or any such other document as required by Viacom18 within 24 hours (or such other time as sole decided and/or communicated by Viaocm18) of receipt of communication from Viacom18. In case the Participant fails to meet the Eligibility criteria or fails to provide the necessary KYC document within 24 hours (or such other time as sole decided and/or communicated by Viaocm18) of receipt of communication from Viacom18, Viacom18 shall forfeit the Gratification of the said Participant and the Participant shall be disqualified from further participation in the Contest.
xiv. The Participant hereby agrees to indemnify Viacom18 and their respective affiliates, sponsors, directors, officers, employees, agents, representatives from and against any claims that might arise from their actions or omissions or arising from any misrepresentation, or concealment of material facts or breach of any representations, obligations or terms as stated herein.
General Terms
i. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, technical failure in transmission, and/or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Viacom18 reserves the right, at its sole discretion, to disqualify any individual who may be responsible or who tampers with the entry /Contest process, and/or to cancel, modify or terminate the Contest and/or any part thereof. Further, Viacom18 reserves the right to take legal action against such Participant who has committed a breach under the Cyber laws (Information Technology Act, 2000 including all its amendments thereof) and/or any other laws as may be applicable from time to time and Viacom18 shall be entitled to such remedies in law as applicable.
ii. Viacom18 shall not be held responsible in the case of a server shut-down or loss of Participant’s Submissions and/or data.
iii. Viacom18 shall not be responsible for any delay in receipt or non-receipt or incomplete receipt or corrupt receipt of Submissions / other details of the Participant. Viacom18 shall not be responsible for any technical difficulties or data corruption that may arise during recording/upload of the Submissions/content. Further, Viacom18 shall not be responsible and/or liable in any manner whatsoever in case the Participants are unable to register their entry and participate in the Contest due to failure on part of the internet service provider, facility provider, etc. Winners shall be intimated as per the contact details given. Viacom18 does not accept any responsibility in case the Winner(s) do not respond to the calls (maximum three call attempts shall be made) or communication from Viacom18 and/or its representatives or Viacom18 is unable to contact the Winner(s) due to any incorrect and/or incomplete communication detail provided by the Participant and/or delay in receipt of communication and/or non-receipt of such communication due to technical reasons (such as network errors) or Winner is unable to respond for any reason whatsoever. In such cases, Viacom18 shall forfeit the Gratification for the said Participant and the Participant shall not raise any claim on Viacom18 in any manner whatsoever.
iv. All the Winners shall be either directly contacted by Viacom18 and/or its representatives and the Winners at the end of the Contest Period in a manner as deemed fit by Viacom18 in due course of time.
v. The Participant hereby represents that he/she is not under any exclusive contracts with any other third party/ agency or is not under any kind of disqualification under law to enter into an agreement with Viacom18 as the case may be and/or to participate in the Contest.
vi. The Participants shall at all times make themselves aware of the selection process and all details regarding the Contest which he/she might be informed of or which he/she might learn or come to know of as a Participant in the Contest.
vii. Viacom18 reserves the right to change/ modify these terms and conditions and/ or criteria of the Contest, at any time at their sole discretion, without any prior notice and without assigning any reasons for the same. The Participants shall make themselves aware of any change in the terms and conditions/rules of the Contest by visiting the www.colorsmarathi.com from time to time and the Participants shall be bound by any such revised /amended terms and conditions/amended rules. Viacom18 shall not be responsible and/or liable towards any Participant and/or any third party in relation to the same.
viii. The decision of Viacom18 in connection with the Contest including without limitation the winning Participants and the Gratification, the mode and timelines of the delivery of the Gratification etc. shall be final and binding and is non-contestable. In case of any dispute or difference in respect of this Contest, the decision of Viacom18 shall be final and binding on all the Participants including all the person / parties concerned.
ix. The name of the selected Participants whose Submissions has been selected to be exhibited on social media handles of the Channel and the Channel shall not be intimated by Viacom18 about the date of publishing. In case the Participant wants to check if their Submissions has been selected Participants shall be required follow the handles of the Channel on all social media platforms. The decision of Viacom18 on all matters relating to the Contest regarding selection and publishing shall be final and binding and Viacom18 shall not entertain any questions, correspondence, and enquiries on the manner of conduct /evaluation and/or selection criteria of the Contest and/or of selection of any Submissions from any person /party whatsoever.
x. Apart from the Prize as mentioned herein the selected Participant to be declared as Winner (and thus eligible for the Gratification) as per the sole creative discretion of Viacom18, subject to selection and written intimation by Viacom18 to such selected Participant(s) (as decided by Viacom18 as per its sole discretion), the Participant/selected participant or his/her legal heirs will have no other rights or claims against Viacom18 and their respective affiliates/sponsors, etc. Further, Viacom18 has the sole, unfettered and absolute discretion to select the Participants for participation in the Contest and that Viacom18’s decision in this regard is final and absolute.
xi. Viacom18 shall not be liable for any loss, damage, injury, mental/psychological issues like anxiety, depression, stress etc. or even death caused to the Participant during his/her participation in the Contest during the Contest Period and /or any time thereafter.
xii. Viacom18 will also not be liable for any loss of earnings, employment, opportunity and/or otherwise caused to the Participant and arising as a result of his/her participation in the Contest.
xiii. Viacom18 shall have the absolute right to replace the Winner’s Submissions published on Channel’s social media handles/Channel from time to time as per its discretion and creative requirements without any liability to any Participant / person/party whatsoever.
xiv. The Participant should not have any criminal records, or such other issues hampering participation in the Contest and hereby agrees that Viacom18 shall have sole authority at its discretion to disqualify any Participant from participation in the Contest at any time. Viacom18 shall also have the right to disqualify a Participant/Winner and choose another Winner in case any such person is unable to provide an email address and any other relevant details required by Viacom18 to contact the Winner and/or provide the gratification, or for any other reason, as required by Viacom18.
xv. All registrations shall be subject to completion of the procedures by the Participant as per instructions given by Viacom18 or the authorized representatives of Viacom18, if any. Viacom18 shall not be liable for any failure of receipt or incomplete registrations. The Participant shall retain the registration code, voucher code or any other communication sent by Viacom18 in relation to the Contest, if any.
xvi. Participation in this Contest implies acceptance, without protest, of all the rules set forth by Viacom18 for the Contest and the terms and conditions herein contained. Acceptance of the terms and conditions by the Participant irrespective of such participation leading to final selection or not, constitutes permission for Viacom18 and/or Producer including any party authorized by Viacom18 to click photographs, call and/or record videos of the Participant through any mode/medium and use the Participant’s name, photographs, likeness, voice, audio-video, comments for advertising and promotional purposes in any mode, media, format, medium for worldwide territory for purposes of advertising and trade without any compensation whatsoever.
xvii. To enable registration of a Participant and/or to make the Gratification available to the Winners, personally identifiable information which may include without limitation name, complete address, date of birth, citizenship details, passport details, email id, twitter handle/ account name, facebook handle/ account name, etc. of the Participants/Winner (“Personal Information”) may be collected by Viacom18 to enable the Viacom18 to administer and promote this Contest and the Winners. If Participants do not truthfully provide all requested Personal Information, the Organizer may determine that such Participants are not eligible to receive the Gratification in this Contest. The Participant(s) agrees and confirms that any information provided as part of participating in the Contest shall be their own, and the Participant(s) shall at no time submit any contact details which belong to a third party.
xviii. On request of Viacom18, the Participant may be required to make arrangements for Viacom18 to have access to his/her residence, work place, etc. and obtain necessary permissions from his/her parents, siblings, friends, colleagues to be photographed, interviewed and to record or click their photographs, videos etc. Furthermore, if the Submissions features any person other than the Participant, the Participant shall be solely required to take the necessary consent/permissions from such person(s) appearing in the Submissions and the Participant shall indemnify Viacom18 from and against any claims with respect to the same.
xix. a) Any photographs, Submissions, audio visual recordings, audio / video clips, performance executed (including audio and video), musical recordings (audio and video), content, materials, audio / video clips, bytes, etc. provided/uploaded/ submitted by the Participants through the Submission Mechanism or otherwise (‘Content’) shall upon creation /submission be deemed to have been assigned exclusively, in perpetuity, and throughout the entire world, in favor of Viacom18 and shall become the property of Viacom18 and accordingly all intellectual property rights including copyrights as per the Copyright Act, 1957 and/or any other equivalent provision thereof under applicable laws, in the Content shall vest with Viacom18 and Viacom18 shall have unfettered exploitation rights in and to the Content, through any and all modes and medium of exploitation, throughout the world in perpetuity. The Participant expressly agrees to his /her subsequent participation, if any being recorded and telecast as a part of the Program or otherwise on any other platform as may be decided by Viacom18 and/or for promotion of the Program and/or on a stand-alone basis, as required by Viacom18 through any mode, mediums and formats, whether existing now, or developed in future (“Recording”) and all the all rights (including intellectual property rights) in and to such Recording shall be deemed to have been assigned exclusively, in perpetuity, and throughout the entire world, in favor of Viacom18. The Participant hereby grants to the Channel and Viacom18/its affiliates/group companies etc., the unfettered right to exploit exclusively and in perpetuity, throughout the universe, the Content and /or Recording, and its derivatives thereof and/ or any part thereof, through any and all means including but not limited to the right to use the Participant’s name, photographs, likeness, voice, audio –visual / videos, photographs, videos, Content, Recording, etc. provided/submitted as aforesaid to Viacom18 and/or recorded by Viacom18 / Producer during the Contest and/or during the Program through all media including without limitation television, radio, print, mobile, internet and/or any other such media, technology in existence, whether now known or devised in the future, from time to time, for unlimited transmission in perpetuity for the territory of entire world, as the Channel/Viacom18, may deem fit. Viacom18 shall not be obliged to exploit the Content /Recording (if made), into the final version of the Program. The Participant agrees that on submission/creation of the Submissions, all intellectual property rights including copyrights in the Content/Recording/Submissions shall vest with Viacom18 and shall be available to Viacom18 for exploitation through any and all modes, mediums, platforms, throughout the world in perpetuity. The Participant hereby agrees that Viacom18 shall have complete, unfettered and exclusive exploitation rights in and to the Content /Recording and have all the rights to exploit, edit, integrate other content with Content/Recording, distribute, exhibit, sell, transfer, license, sub-license, monetize and exploit the Content/Recording on various platforms and through various format, modes, media including but not limited to satellite, internet, digital, cable, wireless networks (Wireless LANs, WIFI, Broadband) WAP, imode any other modes of wired or wireless distribution or exploitation via radio frequencies etc. whether circuit switched or packet switched. These shall include linear transmission or re-transmission of Content /Recording via terrestrial, satellite television, MMDS,SMATV, DTH, IPTV, HITS, SSL, XDSL, DBS, cable television, mobile technologies, internet etc. streaming through internet / broadband / IPTV/ WAP/ iMode / other Mobile Technologies, digital TV (including DBV-H, DBV-T etc.), all forms of on demand (SVOD, TVOD, AVOD, NVOD, PPV etc.) whether free or pay & shall include Free TV & Pay TV and shall also include all forms of non-linear transmission/exploitation including through web, internet, IPTV, mobile, applications, etc. Interactive multimedia, clips, Home Video Rental & Sell Through (including DVD, Compact Disc, Laser Disc, Blue Ray Discs, Video Compact Disc, Video Cassette, Videograms, embodying in any manner in any storage medium, VHS and such other rights), Download to Own, Download to Rent, commercial video, Internet multimedia, communication to public within aircrafts, Railways, Ships, boats, vessels, surface transport and hotel and commercial establishment rights and also include modes, media and formats of exploitation: (i) in existence now, (ii) in existence now but not in commercial use on the date of execution hereof, and (iii) as may be developed in future.
xx. The Participant agrees and acknowledges that Viacom18 has exclusive creative prerogative in respect of the Program and the nature and manner of editing of the Program and/or the Submissions shall be as per the sole creative discretion of Viacom18 including all rights to edit/modify the Content/ Contest Video and integrate other content /materials/ Submissions with the Content / Recording for the purpose of exploitation and/or for creating promos for marketing and promotional purposes.
xxi. The Participant does not and shall not have any right to receive or claim any remuneration/compensation, fees at any time whatsoever, towards participation in the Contest and/or the usage /exploitation of the Submissions by Viacom18 and/or any party authorized by Viacom18 and further the Participant hereby irrevocably grants and assigns to Viacom18, free and clear of any and all claims, all of the Participant’s rights and interests in such Content / Recording exclusively and in perpetuity, throughout the world, and in all media, now or later known or devised.
xix. The Participant shall ensure that the photos and/or Submissions including the statements, comments, remarks made by the Participant in the Submissions or otherwise by him/her in any public domain in relation to the Contest and/or Program including but not limited to their performances in the Submissions shall not contain any Prohibited User Content as mentioned under Annexure A. Further, the Participant shall be solely responsible to obtain all necessary permissions, licenses, approvals etc. as may be required prior to submitting the Submissions to Viacom18 and any third party claims/objections received if any shall be solely resolved by the Participant without involving Viacom18 in any manner whatsoever.
xx. The Participant hereby represents and warrants that he/she will comply with all the terms and conditions stated herein including without limitation all rules, regulations, policies as communicated by Viacom18, and/or its parent, subsidiary, and affiliate companies in relation to the Contest.
xxi. Under no circumstance, shall Viacom18 and/or their directors, employees, officers, affiliates or subsidiaries, be liable to the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. The Participant specifically agrees not to file in person/through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum in India against Viacom18 and/or their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Contest / Program.
xxii. The Participants hereby agree and undertake that they shall not accept or undertake to accept or give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate their winning the Contest. Any knowledge of such an act shall lead to immediate disqualification of such Participants and Viacom18 shall be entitled to take any and all action(s) against such Participants, as deemed fit by it.
xxiii. The Participant agrees to indemnify and hold harmless Viacom18/Producer its affiliates and their respective employees, officers, directors and agents, sponsors, contractors, etc. from and against any claim, loss, liability, damages, cost (including legal costs) of any person, firm or corporation, including, without limitation, legal fees, arising out of any breach by the Participant of any representations, misrepresentations or concealment of material facts and/or the Participant’s actions or omissions while participating in the Contest and/or the Program and/or breach of any terms of this agreement, warranty, performance and/or any of the terms and conditions as stated herein or in event if any of Viacom18’ rights get affected in any manner whatsoever. In the event of any claim, the Participant will promptly adjust, settle, defend or otherwise dispose of such claim at its sole cost. If the Participant is not diligently and continuously pursuing this matter, Viacom18 may take such action on behalf of itself and/ or as attorney for the Participant, to adjust, settle, defend or otherwise dispose of such claim, in which case the Participant shall, reimburse Viacom18 for any costs and penalties incurred thereof or such other indemnity in the amount thereof. In addition to the above indemnities by the Participant, the Participant waives any right of inspection or approval of or, in and to any Contest Video /content and/or video shoot and/or Content /Recording including any other recording and exploitation of the same by the Viacom18 in any manner whatsoever.
xxiv. The grant of rights, representations, warranties, indemnities given by the Participant and the Participant’s confidentiality obligations contained herein and any such provision that is intended to survive and/or by its very nature should survive, shall survive the expiration of the term as contained herein.
xxv. The terms and conditions shall be governed, interpreted by and construed in accordance with the laws of India and the Courts of Mumbai, India shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon this terms and conditions.
I HEREBY AGREE, CONFIRM AND DECLARE THAT THE INFORMATION I HAVE PROVIDED / SUBMITTED HEREIN IS TRUE AND CORRECT AND I FURTHER AGREE THAT I HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS FOR MY APPLICATION/PARTICIPATION AND I HEREBY CONFIRM TO COMPLY WITH THE SAME. ALL INFORMATION GIVEN BY ME, WHETHER ORALLY OR IN WRITING IS TRUE AND COMPLETE AND THAT I SHALL BE RESPONSIBLE AND LIABLE TO INDEMNIFY VIACOM18, IT’S AFFILIATES, ITS LICENSORS, PRODUCER, CONTRACTORS/REPRESENTATIVES/AGENTS/PARTNERS AGAINST ANY LOSS/DAMAGE/CLAIMS, ETC. ARISING DUE TO ANY MISREPRESENTATION AND/OR INCOMPLETE INFORMATION PROVIDED BY ME AND /OR ANY ACT AND/OR OMISSION ON MY / PART AND I AGREE TO BE BOUND BY THE RULES AND TO THE TERMS AND CONDITIONS SET OUT ABOVE.
Annexure A
PROHIBITED USER CONTENT
The following is a partial list of the kind of Submissions that is illegal or prohibited. Viacom18 reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Submissions. Prohibited Contest Videos includes content that you should not host, display, upload, modify, publish, transmit, update or share including information that:
• Relates to personal or sensitive personal information about yourself or any third party;
• is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• contains nudity, violence, or offensive subject matter;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• exploits people in a sexual or violent manner;
• solicits personal information from anyone under 18;
• provides any telephone numbers, street addresses, last names, URLs or email addresses, including in your account profile;
• violates the copyright, trademark or other intellectual property rights of any other person;
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes;
• belongs to another person and to which the user does not have any right to;
• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, hurts religious sentiments, promotes hate/enimity against any particular caste/community disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to the Contest;
• 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
• does not denigrate or defame Viacom18, the Program or the host/participants/Contestants/any crew/ brands or sponsors of the Program.
• content related to sub-judice cases from public domain