Bigg Boss Marathi Season 5 – Wake Up Call

TERMS AND CONDITIONS

These contest terms and conditions (“Terms and Conditions”) governing your participation in the contest “Bigg Boss Kannada Wake Up Song Contest’” (“Contest”) organized by Viacom18 Media Private Limited (“Viacom18”) in relation to promotion of its non-fiction show titled “Bigg Boss Kannada Season 5” (“Program”) telecast on television channel Colors Kannada (“Channel”) and produced by a third-party producer (“Producer”) whereby the Company will select 30 (thirty) shortlisted participants for the Program and such selected name of the Winner/s Participant will be put up in the aston band in the Program and on the official page of Colors Kannada and/or JioCinema’s social media platforms like Instagram and Facebook. These Terms and Conditions apply to all users (“You/Participant(s)”) who intend to participate in the Contest. Your participation in the Contest constitutes your agreement to follow and be bound by these Terms and Conditions without modification, and all other operating rules, policies and procedures that may be published from time to time by the Company. If you do not agree to these Terms and Conditions, you are advised not to participate in the Contest. Please be advised if you choose to continue to participate in the Contest, it shall be deemed that you have accepted the Terms and Conditions.  The Terms and Conditions are personal to You, and are not assignable, transferable or sub-licensable by You.

 

The Contest shall commence from 01 July 2024 and shall continue until 26^th November 2024, 11:59 PM (“IST”) or such other date as solely determined by Viacom18 (“Contest Period”).

 

1.  Eligibility

 

This Contest is organized by Viacom18 and is open to individuals who fulfill the following criteria (“Participants”):

 

1. Are citizens of India and hold valid proof of citizenship;
2. Fluently speak Marathi;
3. Are viewers of the Program;
4. Have and are able to provide a valid email address to Viacom18 when required;
5. agrees that they 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.

Participants shall mean individuals who are 16+ years of age. For Participants not completing the age of 18 years as on the date of submission and/or persons with disability, they shall also submit a Consent Letter duly signed by their parent and/or lawful guardian authorizing, consenting, and permitting their participation in the Contest. Such parent and/or lawful guardian shall be bound by these Terms and Conditions on behalf of the Participant.

 

2. Concept of the Contest

 

Contest is audio song submission for Bigg Boss Marathi which shall be used as ‘Wake up song’ organized by Viacom18 for the Program. Aim of the Contest is to engage with social media users to showcase their singing skills and create virality around the program “Bigg Boss Marathi Season 5”.

 

3. Contest Structure

 

The call for entries shall be invited through the (i) Aston bands on Colors Marathi TV channel, and/or (ii) vide the official page and/or channel of Colors Marathi TV on social media. Based on the call for entries as provided to identify and submit the audio of the song or create an audio-visual reel using the audio of the song (as defined below) in the manner as mentioned below. During the Contest Period every week, the song shall be used and synchronized during the broadcast of the Program which shall be ‘Wake Up Alarm/Song of the Week’.

 

Submission Process: Participants along with their partner, family member, or friend shall be required to create an original audio song or create an audio-visual reel using the audio of the song for the Program which will be used as part of ‘Wake-Up Alarm/Song’ of the week (“Contest Audio Song / Reel / Reel”). The Contest Audio Song / Reel should demonstrate the uniqueness of the Song, it should be peppy, catchy, and showcase originality. Contest Audio Song / Reel must be uploaded as per the terms mentioned under point 5 hereinbelow for selection by Viacom18, at its sole discretion to telecast/exhibit the selected Contest Audio Song / Reel(s) in any other manner on any other platforms, including app/website/mobile site or any such other digital platforms as per Viacom18’s sole discretion.

 

4. Conditions governing the Contest Audio Song / Reel

 

• Any recording of the Participant sent as a Contest Audio Song / Reel other than as mentioned in the Contest guidelines/the terms detailed herein shall be deemed to be an invalid entry and Viacom18 shall not be responsible or liable for any claims arising therefrom.

 

• Participant shall strictly ensure that all Contest Audio Song / Reels are sent with the Contest Period. Any Contest Audio Song / Reel received outside Contest Period shall not be judged/reviewed as part of the Contest and shall be considered null and void.

 

• The Participant shall ensure that the duration of the Contest Audio Song / Reel shall be maximum of 1 (one) minute. Any Contest Audio Song / Reel which does not adhere to the aforesaid duration will be rejected. Each Participants may send a one (1) Contest Audio Song / Reels per week during the Contest Period. Viacom18 may at its sole discretion select the first three Contest Audio Song / Reels as the Participant’s final / last entry for the purpose of selection and consider any entry thereof.

 

• The contents of the Contest Audio Song / Reel shall not contain any Prohibited User Content as detailed in Annexure A hereto. In the event the Contest Audio Song / Reel contains Prohibited User Content as mentioned under Annexure -A, the Contest Audio Song / Reel shall be deemed disqualified.

5. Method of Participation

 

• Participants can submit their Contest Audio Song / Reels through Viacom18’s website form, currently known as website‘. (“Application”).
• To do so, Participants need to download the Application on any compatible mobile device, available on both iOS and Android platforms. Once downloaded, Participants are required to log in using their registered mobile number. For those without existing accounts, creating a new user/login ID is simple; they just need to fill in the mandatory fields as mentioned therein.
• Upon successful login, Participants can submit their Contest Audio Song / Reel following the instructions provided within the Application and the rules and regulations outlined herein.
• If the Contestant is below the age of 18 (eighteen) years as on the date of submission/participation in the Contest, then the Contestant shall also submit a duly signed Consent Letter from the parent or lawful guardian (i) authorizing, consenting, and permitting the participation of the Contestant in the Contest for the Program, (ii) usage, processing and storage of the personal data as submitted by the Contestant for the purpose of the Program, and (iii) adherence to these Terms and Conditions. In case of any failure of adherence to this, Viacom18 may at its discretion disqualify the submission received from such Participants.
• If the Contestant is a person with disability, then the Contestant shall also submit a duly signed Consent Letter from the lawful guardian (i) authorizing, consenting, and permitting the participation of the Contestant in the Contest for the Program, (ii) usage, processing and storage of the personal data as submitted by the Contestant for the purpose of the Program, and (iii) adherence to these Terms and Conditions. In case of any failure of adherence to this, Viacom18 may at its discretion disqualify the submission received from such Participants.
• After submitting their Contest Audio Song / Reel, it’s crucial for the participants to ensure they sign out/log out of the application. Failure to do so may result in unauthorized usage by a third party, which will not be considered valid by Viacom18 or the Channel.
• No charge for logging into the application or submitting Contest Audio Song / Reels. However, Participants should be aware that there may be costs levied by their respective network providers for using an internet connection to participate in the Contest. Participants are solely responsible for checking and covering these costs.
• At the request of Viacom18, participants may be required to submit personal information such as name, age, address, nationality, email ID, and contact numbers. Participants agree that Viacom18 may use this information for sending commercial information or other promotional purposes, and they agree not to raise objections against such usage.
• 6 Selection of Winners

 

6.1         SELECTION PROCESS

 

• Every Monday from the commencement of the Contest Period, Viacom18 and/or its representatives will review and scrutinize as per all the eligible Contest Audio Song / Reel(s) submitted during that week of the Contest Period then select a maximum of 2 (two) Participants from among the eligible Contest Audio Song / Reel(s) submitted in that particular week (“Shortlisted Participants”). A total of 30 (thirty) Shortlisted Participants will be selected during the Contest Period. Viacom18 shall reserve the right to increase or decrease the number of Shortlisted Participants at its discretion during the Contest Period. Shortlisting of Contest Audio Song / Reel shall be judged basis the creativity, uniqueness of theme and other selection criteria as may be decided by Viacom18, and all the Participants agree to abide by the decision of Viacom18 without any objection.

 

• On Sunday of every week during the Contest Period, the Participant who’s Contest Audio Song/Reel was played for the week were called on the stage and recognized as the creator of the Wake up song of the week

 

• Such Shortlisted Participant who fulfills all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Viacom18 shall be declared the winner(s) for the week and shall be entitled to the Gratification (as defined below). Viacom18 shall reserve the right to increase or decrease the number of Winners at its sole discretion during the Contest Period.

 

• Viacom18 shall contact the Shortlisted Participants on the number which was used to submit the Contest Audio Song / Reel to provide their name, age, email id and phone number (“Contact Details”) to within 24 (twenty-four) 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 Contact Details within 24 (twenty-four) 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, in case if the Participant has not completed 18 (eighteen) years of age or is a person with disability, then the Contact Details shall be shared of the parent or lawful guardian of such Participant’s. Except for the stated reason, the Participant shall at no time submit any contact details which belong to a third party.

 

• Upon receipt of the Contact Details, Viacom18 shall contact the Shortlisted Participants via email/call to submit scanned copies of the identity proof, age proof and address proof (e.g. picture of passport/electricity bill/any other valid ID for verification), in case if the Participant has not completed 18 (eighteen) years of age or is a person with disability then the above mentioned proof of their parent and/or lawful guardian (“Document”) within 48 (forty-eight) 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 Viacom18 shall not be obligated to shortlist another Participant in place of such forfeited Participant. 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.

 

• 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.

 

• 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(s)”).

 

• The Winners(s) will be selected by Viacom18, determined as per their sole discretion for each Contest Audio Song / Reel submitted for the given week.

 

• If Viacom18 is of the opinion that none of the Contest Audio Song / Reel(s) are eligible to be selected, then Viacom18 may exercise its discretion not to select any Contest Audio Song / Reel(s) and hence there will be no Winner(s).

 

• Viacom18 will have the right to verify the authenticity of each Contest Audio Song / Reel 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 Contest Audio Song / Reel(s) submitted to Viacom18.

 

• 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).

 

• 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.

 

7. Gratification

 

• 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 Gratification and/or any decision(s) made by Viacom18.

 

• Viacom18 may at its sole discretion provide one-time opportunity to few select Winners to feature as audience in the episode of the Program where they are declared as Winner(s). The shoot of the Program shall take place on the day/date as determined by the Viacom18 in its sole discretion. Viacom18 shall have the right to change the date and/or venue of the shoot at its sole discretion and without assigning any reason for the same. Winners shall strictly comply with safety protocols as communicated by Viacom18 from time to time. Adherence to the rules shall be a strict condition precedent to the Winners availing the Gratification. Notwithstanding anything contained herein.

 

• 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 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(s) is/are 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.

 

• 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 in 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.

 

• If Viacom18 so elects, Winner(s) will be required to provide a ‘No Objection Letter’ (NOC) to agree, confirm and assign all the rights in the Contest Audio Song / Reels to Viacom18, producer and/or its respective affiliates in perpetuity for the whole world in all modes, medium and formats.

 

8. TERMS AND CONDITIONS FOR THE GRATIFICATION

 

• Viacom18 reserves the right to change the Gratification at any time at its discretion.

 

• 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.

 

• Winners will be required to sign / execute an agreement in the manner as may be required by Viacom18 to Participate in the Program and shall govern the Participant’s participation in the Contest. In the event the Winner refuses to enter into agreement or sign document as may be required by Viacom18 then Viacom18 reserves the right to forfeit the Gratification to such Winner(s).

 

• Viacom18 shall not make any arrangement for transportation, boarding and lodging of the Winner for the entire duration of availing the Gratification.

 

• Viacom18 is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Winner in any manner whatsoever or for any reason whatsoever in connection to the Gratification.

 

• The Gratification as paid by Viacom18 shall form enough consideration for the assignment of rights in the Contest Audio Song / Reels to Viacom18.

 

• In the event the location of shoot is required to be suspended due to any reason whatsoever including without limitation on account of occurrence of a force majeure event, then Viacom18 and/ or producer engaged by Viacom18 at their sole discretion reserve the right to change the location and Winners shall at all times abide by the instructions and directions of Viacom18 failing which Viacom18 reserves the right to prohibit the Winners from entering the venue.

 

9. 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.

 

10. Participation shall be governed by the terms and conditions as detailed hereinafter. Upon submitting the Contest Audio Song / Reel(s) (as per the terms of the Contest) 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.

 

11.  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. These terms and conditions, contained herein shall subsist until the first telecast of the last episode of the Program and /or any such extended duration as may be deemed fit by Viacom18 and hence, the rules shall continue to apply on the Participants.

 

By virtue of participation, the Participant hereby agrees to the following conditions and undertakes as follows. If the Participant has not completed the age of 18 years or is a person with disability, then the parent and/or lawful guardian hereby agrees to the following conditions and undertakes the following on behalf of the Participant:

 

• 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.

 

• 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 participate in the Contest and is willing to bear all risks, costs & consequences arising from such participation in the Contest and/or the Program.

 

• 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 and/or Producer. 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.

 

• 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.

 

• 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.

 

• 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.

 

• In the event of large number of participation, the chance to be selected may be strictly on the first come first basis till the completion of 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.

 

• 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.

 

• 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.

 

• 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.

 

• 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.

 

• 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.

 

• 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 Viacom18) 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.

 

12. GENERAL TERMS

 

The Participant hereby agrees to the following general terms. If the Participant has not completed the age of 18 years or is a person with disability, then the parent(s) and/or lawful guardian(s) hereby agree to the general terms on behalf of the Participant:

 

• 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.
• Viacom18 shall not be held responsible in the case of a server shut-down or loss of Participant’s Contest Audio Song / Reel and/or data.
• Viacom18 shall not be responsible for any delay in receipt or non-receipt or incomplete receipt or corrupt receipt of Contest Audio Song / Reel / 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 Contest Audio Song / Reel/content. Further, Viacom18 shall not be responsible and/or liable in any manner whatsoever in case the Participants are unable to 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 Contact Details 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.
• All the Winners shall be either directly contacted by Viacom18 and/or its representatives and the Winners for each Contest Day shall be announced in a manner as deemed fit by Viacom18 in due course of time including displaying the names of the Winner(s) on the Channel.
• 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.
• 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.
• 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 website 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.
• 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.
• The selected Participants whose Contest Audio Song / Reel has been selected to be telecasted / exhibited/used in the Program and/or on otherwise shall not be intimated by Viacom18. In case the Participant wants to check if their Contest Audio Song / Reel has been telecast the Participants shall be required to follow the Program on the television. The decision of Viacom18 on all matters relating to the Contest Audio Song / Reel including the Contest Audio Song / Reel selected for usage as Wake-Up Alarm/Song in the Program 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 Contest Audio Song / Reel for publishing on the Channel from any person /party whatsoever.
• Apart from the prospective entitlement of the Contest Audio Song / Reel of the selected Participant to be declared as Winner(s) (and thus eligible for the Gratification) and/or published on the Channel and/or otherwise, 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/Producer 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.
• 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.
• 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.
• Viacom18 shall have the absolute right to replace the Winner’s Contest Audio Song / Reel(s) telecast/used in the Program and/or otherwise from time to time as per its discretion and creative requirements without any liability to any Participant / person/party whatsoever.
• 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.
• Participation in the Contest 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.
• 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.
• To enable 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, social handle/ account name, etc. of the Participants/Winner (“Personal Information”) may be collected by Viacom18 to enable Viacom18 to administer and promote this Contest and the Winners. If Participants do not truthfully provide all requested Personal Information, Viacom18 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.
• On request of Viacom18, the Participant may be required to make arrangements for Viacom18 to have access to his/her residence, workplace, 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 Contest Audio Song / Reel 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 Contest Audio Song / Reel and the Participant shall indemnify Viacom18 from and against any claims with respect to the same.
• a) Any photographs, Contest Audio Song / Reels, audio visual recordings, audio / video clips, performance executed (including audio and video), musical recordings (audio and video), content, materials, audio / video clips, bytes, provided/uploaded/ submitted by the Participants on 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  other platforms of 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 Content Contest Audio Song / Reel, all intellectual property rights including copyrights in the Content/Recording/Contest Audio Song / Reel 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.
• 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 Contest Audio Song / Reel shall be as per the sole creative discretion of Viacom18 including all rights to edit/modify the Content/ Contest Audio Song / Reel and integrate other content /materials/Contest Audio Song / Reel with the Content / Recording for the purpose of exploitation and/or for creating promos for marketing and promotional purposes.
• 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 Contest Audio Song / Reel by Viacom18 and/or any party authorized by Viacom18 and/or being declared as the Winner 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.
•   The Participant shall ensure that the photos and/or Contest Audio Song / Reel(s) including the statements, comments, remarks made by the Participant in the Contest Audio Song / Reel 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 Contest Audio Song / Reel are not obscene, vulgar, defaming, derogatory or objectionable, denigrating women or children, hurting religious sentiments, depicting violence or shall not comment on any matters that are sub-judice or shall not infringe the rights of a third person and shall not infringe copyright, right of privacy or any other rights whatsoever of any person nor violate any applicable Indian or international laws, statutes. Further, the Participant shall be solely responsible to obtain all necessary permissions, licenses, approvals etc. as may be required prior to submitting the Contest Audio Song / Reel(s) 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.
• 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.
•   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.
• 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.
•   The Participant and/or its parent and/or the lawful guardian on behalf of 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 and/or its parent and/or the lawful guardian of 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 and/or its parent and/or the lawful guardian of 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 and/or its parent and/or the lawful guardian of the Participant waives any right of inspection or approval of or, in and to any Contest Audio Song / Reel /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.
•  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.
•   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 THE 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

 

Following is a partial list of the kind of Contest Audio Song / Reel 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 Contest Audio Song / Reel. Prohibited Contest Audio Song / Reels 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 form of 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, personality 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.