TERMS AND CONDITIONS
The following are the terms and conditions (“Terms and Conditions”) governing the contest “Bhagya Dile Tu Mala – 100 episodes – Meet & Greet” (“Contest”) organized by Viacom18 Media Private Limited (“Viacom18”) in relation to promotion of its Program titled “Bhagya Dile Tu Mala” (“Program”) telecast on Colors Marathi (“Channel”). The Contest shall be held on 19 July, 2022 (“Contest Period/ Period”) tentatively between 5pm hours to 6 pm hours or such other date and time as solely determined by Viacom18.
1. Eligibility criteria to participate: Any individual person meeting the following criteria as stated below can participate in the Contest:
This Contest is organized by Viacom18 and is open to all individual participation who (“Participant(s)”):
a. Are citizens of India and residents of the state of Maharashtra;
b. Are above 18 years of age;
c. Are viewers of the Program.
Participant shall be required to submit all valid proofs of name/ age/ address/ nationality/ citizenship and/or any other documents as may be required by Viacom18 from time to time. The Participant should not have any criminal conviction or has an arrangement or a contract that prevents the Participant from participating in the Contest.
By participating in this Contest, it is deemed that the Participant have read, understood, accepted and agree to unconditionally abide with all the Terms and Conditions of the Contest.
2. Concept of the Contest
Viacom18 is conducting this Contest to identify the top fans of the Programs. As part of the Contest, Participants shall be required to answer a question posed by the any starcast of the Program.
3. Participation Mechanism for Contest
During the Contest Period one question pertaining to the Program shall be asked by any of the star cast of the Program on the Social Media Platforms of the Channel during a live session during the Contest Period. (“Contest Question”).
In order to answer the Contest Question, the Participants must watch the Program telecasted on the Channel and submit their answers through the Answering Mechanism (as defined below) during the Contest Period.
4. Answering Mechanism
Participant must have a valid account on Facebook or Instagram (“Social Media Platforms”). For the sake of clarity, it is hereby agreed and confirmed by the Participants that the account on the Social Media 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. Participant shall have option to submit their answers as a direct message on the Channels official accounts on the Social Media Platforms in the manner as stated below. (“Contest Answer”)
Participant’s Name
Participant’s Age
Participant’s phone no:
Program Name
Contest Answer
Participant shall ensure to submit the Contest Answer on the respective Social Media Platform in which the Contest Question was displayed. In the event a Participant submits the Contest Answer on a Social Media Platform other the one in which the Contest Question was displayed such Contest Answer shall be considered for the Contest and shall be deemed null and Void.
5. A Participant can send their Contest Answer to the questions asked during the Contest Period. Any Contest Answer that is sent after the Contest Period shall not be considered and shall be deemed null and void.
6. Selection of Winners At the end of the Contest Period Viacom18 shall have the right to select such number of Participants it deems fit who have given correct Contest Answers to the Contest Question within the Contest Period. (“Shortlisted Participants”). In the event that there is a tie between the number of correct Answers that are provided by any of the Participants, then Viacom18 shall use a randomizer to select Shortlisted Participants. Shortlisting of Participants shall be done as per Viacom18’s judging criteria and any decision of Viacom18 shall be final be binding.
7. Such Shortlisted Participant who fulfill 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 and shall be entitled to the Prize (as defined below).
8. Shortlisted Participants will be contacted on call by Viacom18 within 24 hours of expiry of the Contest Period. 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.
9. Viacom18 shall contact the Shortlisted Participants 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 Prize. It is clarified that Viacom18shall not be obligated to shortlist another Participant in place of such forfeited Participant.
10. 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.
11. 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. In case the winner announcement is postponed for whatsoever reasons, Viacom18 will not be held responsible.
12. The Winner shall get one-time opportunity to meet and greet with the cast of the Program (“Prize”). The meet and greet 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 meet and greet at its sole discretion and without assigning any reason for the same. Winners and persons accompanying them / attending the said meet and greet shall strictly comply with the rules of the Event including the COVID-19 safety protocols as mentioned herein and as communicated by Viacom18 from time to time. Adherence to the rules shall be a strict condition precedent to the Winners availing the Prize. Notwithstanding anything contained herein, Viacom18 takes no responsibility to bear or reimburse any cost or expense that may be incurred by the Winners in availing the Prize.
13. It is hereby expressly stated that the Viacom18 shall not be responsible to bear or reimburse any costs and expenses incurred by the Winner in availing the said Prize travel to the meet and greet venue, accommodation, food, beverages etc.
14. Non-conformance by the Participant to any and all the Terms and Conditions herein or as set by Viacom18 from time to time will make such Participant’s Contest Answers null and void.
General Rules:
1. Viacom18 reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant to check the Terms and Conditions of the Contest on the website of Viacom18 i.e., www.colorsmarathi.com.
2. Viacom18 may at its sole discretion extend or curtail the Period of the Contest or may suspend or abandon the same at any time without any prior notice of the same.
3. Participants shall at all times ensure that the Contest Answers adheres to the applicable laws in force in the territory of India.
4. Participant must enter the Contest on his/her own behalf and Contest Answers sent by proxies will not be accepted. In the event that it is found that a Participant has submitted Contest Answers to the same Contest Question from more than one Social Media Account, Viacom18 reserves the right to disqualify such Participant from the Contest.
5. Each Contest Answers shall be checked by Viacom18 inter alia, to verify if the submitted Contest Answers given is correct and follows the aforementioned rules. The decision of Viacom18 shall be final and binding. The Participant agrees and confirms that the Participant shall at no time challenge such decision of Viacom18 and/or raise any claims or disputes in relation to the same.
6. By participating in the Contest, the Participants agree to be bound by any rules; regulations, guidelines or policies (“Rules”) associated with the Contest, including without limitation these terms and conditions, and agree to be bound by any decisions made by the Viacom18, including any interpretations of such Rules by the Organizer.
7. The Participant represents, warrants and agrees that no Contest Answers submitted will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and the Participant shall indemnify and hold the Organizers, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with such texts/ tweets submitted with concerned Contest and with hashtags provided herein or any other requirements related to the Contest
8. The Participants hereby agree and undertake that mere announcement/declaration of being announced as Winner(s) shall not entitle them to the Prize. Only upon complying with all Rules mentioned herein, to the satisfaction of the Organizer, shall the winning be validated
9. Viacom18 shall not be responsible in the event Contest Answers are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Contest Answers occurs when the Contest Answers reached the server of the concerned Social Media Platform and is accessible to Viacom18. Any automated receipt confirmation does not constitute proof of actual receipt. Any unclear/incorrect/incomplete Contest Answers shall be considered invalid vote and deemed null and void.
10. The Participant agree and confirm that Viacom18 shall at no time be held responsible and/or liable for any non-receipt of an Contest Answers due to a technical error and/or defect in the functioning of the servers of the Social Media Platform or telecom server, and to the extent permissible in law, the Participant waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Viacom18. Neither Viacom18 nor the Channel shall be responsible in case of any kind of network problem, technical failure whatsoever and/or the data charges/costs charged by the network operator(s). Any dispute in connection to the same should be settled directly between the viewer/subscriber and the operator(s)/Social Media Platform (as the case maybe) without involving Viacom18 and/or the Channel in any manner. All other incidental costs, if any, including the internet charges etc. that may arise from participating in the Contest will be borne by the Participant.
11. Viacom18 shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Shortlisted Participant(s)/ Winner is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Viacom18is unable to intimate the Shortlisted Participant(s)/Winner.
12. By participating in the Contest, the Participants represent and warrant that the Contest Answers provided by the Participants shall be in response to the questions, and shall not be in breach of any third party rights or defame/offend any person, sect, cast, etc. and that it shall in no manner infringe any rights including the copyright of a third person/party. In the event of any violation to the aforementioned, Participants shall be disqualified from the Contest with immediate effect. By participating in the Contest, the Participants also represent and warrant that they shall solely be liable for any and all action (criminal/civil) arising therefrom and shall also be liable to indemnify the Organizer, for any loss, claim, dispute, disrepute, disruption caused to it.
13. The Participants confirm that the Contest Answers shall not be obscene, vulgar, defaming, denigrating women, artist, celebrity or children, hurting religious sentiments, depicting violence or against the public policy of India or/and the internal policies of the Viacom18.
14. The Participants shall not be entitled to win the Prize simply by the reason of participating in the Contest. Further, the Winners so selected shall be entitled to win the Prize as set out hereinabove. The selection process may be revised and shall be as per the Viacom18’s sole discretion. The Participants or any third party shall have no right to question the process of selection.
15. Viacom18 reserve the right to disqualify any Participant from participating in the Contest if the Participant are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. The decision of Viacom18 in this regard shall be final and binding upon the Participant(s), and the Participant shall not at any time challenge and/or dispute such decision of Viacom18.
16. The Winner agrees and confirms that the Prize so awarded by Viacom18 shall be the sole gratification/ prize pursuant to the Winner participating and winning the Contest, and that the Winner shall not be entitled to any further gratification at any time.
17. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners and the Winners cannot exchange the Prize for a gift of similar value.
18. The Winner agrees that he/she shall not hold Viacom18 and/or its employees, responsible for delays or any problem in connection to the Prize.
19. The Winner agrees that if due to any reason, whatsoever, beyond the control of Viacom18 the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Viacom18 cannot be held responsible and/or liable for the same.
20. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Viacom18, be responsible or liable for the same in any manner whatsoever.
21. 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 Participant and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.
22. Viacom18 reserves the right to forfeit the Prize in the event it is found by Viacom18 that any information provided by the Participant and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant and/or the Winner. Viacom18 shall have the right to declare another Participant as the Winner of the Contest and transfer the Prize to that person.
23. The Winner shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Viacom18in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Viacom18.
24. 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.
25. 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.
26. The Winner and the Winner on behalf of persons accompanying him/her grants Viacom18 irrevocable consent in perpetuity to the use his/ her name, photographs, video tape taken during the meet and greet in connection with the Contest, in any and all applications including but not limited to advertising, commercials, promotion, stories, text, articles and commercial exploitation, in any and all media forms, including but not limited to radio, broadcast and television, newspapers and magazines at any time without the Winner or person accompanying the Winners further knowledge or consent.
27. Participation in this Contest implies acceptance of all the terms and conditions of the Contest. Acceptance of the Prize/s by the Winner constitutes permission for Viacom18, and its affiliates to shoot videos, click photographs of the Winner and use the Winner’s name, photographs, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any additional compensation whatsoever.
28. 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 the Viacom18 shall be entitled to take any and all action(s) against such Participants, as deemed fit by it.
29. The Participant and/or the Winner shall fully indemnify, defend and hold harmless, Viacom18its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms and conditions hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant and/or the Winner during the Contest and/or enjoyment of the Prize.
30. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with Viacom18and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with Viacom18, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity. The Winner further agrees that his/her recipe shall be used in any Promotional Activity on social media or otherwise.
31. In the event the Event 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 production house engaged by Viacom18 at their sole discretion reserve the right to change the location of the Event. 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 of the Event.
32. Winners undertake and agree to ensure and comply with the following protocols
i. Ensure that they are medically fit and do not have any symptoms of COVID-19. Further, if required by Viacom18 the Winners and persons accompanying the Winners shall be required to submit fitness or declaration form informing about their health status and exposure to Covid-19 prior to their visit to the Event venue.
ii. Ensure to maintain complete sanitization/ hygiene and follow all the safety guidelines, advisories, directives, protocols etc. which may include but not be limited to wearing face for the entire duration of the Event, maintaining social distancing with all the crew members and celebrity guests attending the Event as advised by Viacom18 from time to time and also by the Government/other competent authority to prevent the spread of any infectious disease including Covid-19 .
iii. Co-operate with any sanitization/ cleaning process that may be undertaken by Viacom18.
iv. If any time during the Event if the Winner or any persons accompanying the Winners are not feeling well including fever, cough, cold, sore throat etc. then they shall immediately inform the authorized representative of Viacom18 present at the venue.
33. By participating in the Contest, it shall be construed that the Participant and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of Viacom18, in any manner whatsoever.
34. In case of any dispute or other matter arising in reference to the Contest and/or the Prize the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Mumbai, India.