Sur Nava Dhyas Nava On-ground Audtions TnC

1. This is an application along with terms and conditions and declaration (the “Application”) for studio/onground auditions of the television reality signing talent program tentatively titled “Sur Nava Dhyas Nava Season 5” (“Program”) being produced by Viacom18 Media Private Limited (“Viacom18”), either by itself or through a production house (“Production House”), for Viacom18’s channel namely “COLORS MARATHI” (“Channel”) to be held at different Venues as given in Table below (“Venue”) on the respective dates given in the table below (“Audition Dates”) . This Application will be required to be duly filled and signed by you or, in case of a Minor (as defined below), your parent/legal guardian. .
2. The Application and all Rules contained herein shall subsist until the first telecast of the last episode of the Program, unless otherwise determined by Viacom18 (“Term”) and hence, the Rules shall continue to apply to you throughout the Term including but not limited to your parent/legal guardian if you are a Minor (as defined below).

3. Your Application shall only be considered if the same is duly filled in, properly signed and dated.

4. If you are under 18 years old (“Minor”):

(i)this Application must be duly filled and signed by your parent or legal guardian;
(ii) you must be accompanied by your parent or legal guardian during the audition and (if applicable) subsequent shoots, rehearsals etc.
(iii) the parent/legal guardian of the Minor shall provide with a copy of proof of relationship with the Minor or any other legal document evidencing the relationship or legal guardianship of the Minor with the parent/legal guardian.

5. Participation by Minor shall be subject to the prior consent and knowledge of the Minor’s parents/legal guardians and all obligations, responsibility and undertakings of the Minor as contained herein shall be deemed to be that of such Minor’s parent/legal guardian. Viacom18 shall have the authority and right to disqualify you, at any point of time, if it comes to Viacom18’s knowledge that you, being a Minor have participated without the due consent, knowledge and awareness of your parent/ legal guardian and/or you are in breach of any conditions or undertakings herein stated.

5. The parent/legal guardian of the Minor confirms and acknowledges that the Minor has voluntarily chosen at his/her free-will and own wish to participate in the audition of the Program and the parent/legal guardian is willing to bear all risk, costs & consequences arising from such Minor’s participation in the audition of the Program.

6. You hereby confirm that you do not have any medical/physical/emotional condition which can jeopardize your eligibility for participation in the audition. If in the past you had any psychological problems or physical challenges or has been under medication for any psychological, anxiety, hypertension, depression or any other medical problems the same has to be disclosed by you or parent/legal guardian in case of  Minor to Viacom18 in writing along with a copy of the certificate from a qualified medical practitioner declaring that you to be fit to participatet in the audition of the Program.

7. It is vital that you return this Application, completely filled in and signed, to us prior to commencement of the studio auditions. You shall also sign all such documents/ release / declaration letters/ consent letters/agreements etc, as required by Viacom18 in relation to the audition and/or for participating in the Program (if selected) and/or otherwise, either with Viacom18 directly or any other party, as Viacom18 may require from time to time.

8. You shall be selected as per the selection process determined for the Program at absolute and sole discretion of Viacom18, whose decision shall be final and binding. Mere submission of the Application or participation or auditioning will not guarantee your selection or participation. You understand that getting shortlisted in the audition is only a preliminary step towards participation in the Program and it shall be the absolute and sole discretion of Viacom18 to allow participation based on its creative requirements. You hereby agree to waive any right to question the selection process, non-selection of your Application by Viacom18.

9. Viacom18 shall shortlist participants after the auditions at all Venues (given below) as required out of which only a limited number of participants shall be selected for the Mega Audition to be held in Mumbai and/or final participation in the Program. Even after final selection for the Program, Viacom18 shall have the absolute right to replace any of the shortlisted participants as per their discretion and creative requirement.

10. In the event of large number of registrations, the chance to participate in the Audition of the Program shall be strictly on a first come first basis. No further requests for audition shall be entertained by Viacom18. Viacom18 reserves the right to change the time of the auditions as per its discretion at any point of time. Apart from the registrations mentioned herein, Viacom18 may at its discretion provide a chance for entry to the audition for unregistered people also.

11. Your act/performance should not be obscene, vulgar, defaming, denigrating women or children, hurting religious sentiments, having racial connotation, depicting violence or against the public policy of India.

12. You expressly agree to your studio audition (including your on-ground auditions, if any) and participation therein being recorded and telecast as a part of the Program and/or for promotion of the Program and/or on a stand-alone basis, as required by Viacom18 (“Recording”). You hereby grant to Viacom18/its affiliates/group companies etc., the right to exploit exclusively and in perpetuity, throughout the universe, the Recording, or any part thereof, through any and all means including but not limited to the right to use your and your parent /legal guardian’s name, photographs, likeness, voice and comments through all media, television, internet or any other such media, technology in existence, now known or devised in the future, from time to time, for unlimited transmission, as Viacom18, may deem fit.

13. You agree that any photographs, videos etc. submitted to Viacom18 or recorded by Viacom18 during the audition or registration procedure shall on submission/creation become the property of Viacom18 and shall be available to Viacom18 for exploitation throughout the world in perpetuity. You shall ensure that the photos or videos submitted by you in any public domain or their performances are not obscene,vulgar, defaming, denigrating women or children, hurting religious sentiments, depictingviolence or shall not infringe the rights of a third person.

14. You acknowledge, agree and undertake to abide by the rules, regulations, terms and conditions for this audition as determined by the Viacom18 (the “Rules”). You agree and acknowledge that the Rules may be changed at any time by Viacom18 including but not limited to cancelling the studio audition or the Program or changing the format of the audition or selection process of the Program or the Program and you will be bound by such altered / changed /new Rules. Viacom18’s decisions shall be final in matters concerning the same. You will not raise any claim or dispute due to such change and nor shall Viacom18 and/or the Channel be liable to bring the same to your notice or attention. Parent/legal guardian of the Minor hereby represents and warrants that he/she will comply with all the rules associated with the audition and the Program including but not limited to the Terms & Conditions mentioned herein and associated with the audition and the Program, and that the Minor shall personally be liable for any breach thereto.

15. You must be a citizen of India, person of Indian origin (PIO), non-resident Indian (NRI), national/citizen of such country which is expressly and on a case to case basis approved for participation in the Program by Viacom18, as on the date of signing this Application and You shall submit (i) government issued identity proof, (ii) a valid visa, (iii) Foreigner Regional Registrations Offices’ permission and registration form, (iv) such other documents for participation in the Program, as per the applicable laws of India (in case of PIO, NRI and any non-Indian citizen) and (v) residence proof at the time of submission of this Application. You shall also provide Viacom18 with documentation in order to substantiate your age (i.e. birth certificate and/or valid passport) and in case of Minor, all above documents along with valid documents substantiating the relationship between such Minor and his/her parent/ guardian, who executed the Application or executes this Terms and Conditions, shall also be provided. You hereby represent and undertake that all personal details and/or information given by you or your parent/legal guardian in the Application are true, accurate and in no way misleading.

16. Viacom18 reserves the right to disqualify you immediately from the Program if you have supplied untruthful, inaccurate or misleading details and/or information, of any nature, have failed to abide by the Rules and/or are in breach of the terms hereof. Viacom18 shall not be liable for any failure of receipt or incomplete Applications. Minor shall retain the registration code, if any, duly completed registration form and provide the same on demand at the audition venue along with necessary identity documents and proof of age, documentation evidencing the relationship of the parent and the Minor or any legal documentation evidencing the Minor’s legal guardianship. Viacom18 may disallow entry to the audition in the event the Minor is not able to provide/ produce the registration code, if any, duly completed registration form or the documents as required. On verification, if any of these documents are not found to be in order, the participation of the Minor/participant to the audition or the Program may be terminated immediately by Viacom18 at its sole discretion.

17. You hereby agree to maintain the decorum of the audition venue and shall abide by the rules and regulations thereof. Further the instructions of Viacom18 shall be adhered to strictly. You or parent/legal guardian in case of minor confirm and acknowledge that any participant who acts in contravention to the instructions of Viacom18 or creating nuisance either to Viacom18 or the other particpants shall immediately be disqualified from participating in the auditions of the Program and shall be escorted outside the audition venue.

18. You hereby confirm and represent that you are 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 the Viacom18 as the case may be.

19. You agree and accept that you shall not appear or participate in any other shows, programs and/or serials or make any public performances during the telecast of the audition and/or Program, if you are selected as a participant, without the prior written permission of Viacom18. You agree that in the event of breach of any undertakings herein, Viacom18 shall be entitled to pursue such legal action as it may deem fit and necessary to mitigate any harm and loss which may be caused to it.

20. The cost of travel to reach the location of the Venue of audition/studio audition, Mega Audition including the accommodation, costumes, make-up, props, VISA cost (if applicable) or any other expenses of any nature, shall be borne solely by you or parents/legal guardian in case of a Minor and no monies will be reimbursed nor can be claimed from Viacom18 or the Production House.

21. You shall not, without Viacom18’s prior written consent, publicise in any manner including on social media networks nor discuss with any party, including without limitation the press, about any information relating to the Application including the Rules contained herein, the Program, your participation/appearance, the production team or any other participants in the Program or any other information which may come to your knowledge (including without limitation in relation to the Viacom18, Production House or any of its employees, consultants or vendors).

22. You hereby represent and warrant that there are no criminal/civil actions pending (actual or threatened) against you currently, of whatsoever nature, and/or served against you.

23. If you are a Minor, then your parent/legal guardian should be 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 parent/legal guardian of the Minor.

24. You shall ensure that the performance delivered by you shall in no manner infringe any rights including the copyright of a third person/party at anytime whatsoever. In the event of any violation to the aforementioned, you shall be disqualified from the audition immediately, without any prior notice of the same to you. You shall solely be liable for any and all action (criminal/civil) arising therefrom and shall also be liable to indemnify Viacom18/its affiliates/group companies/employees etc., and the Production House, for any loss, claim, dispute, disruption caused to the Viacom18.

25. You shall comply with all applicable laws, rules and regulations in relation to your performance, participation in the audition and/or Program and shall solely be responsible for the same.

26. If you are a Minor, then your parent/legal guardian hereby agree and acknowledge that it shall be your parent/legal guardian’s complete responsibility to ensure that your school/college/university/institute’s attendance is not affected due to your participation in the audition and/or Progam.

27. Viacom18 shall not be liable for any loss of earnings, employment or otherwise caused to you or any other person, even if such loss arises as a result of you participating in the audition or Program.

28. You (parent/legal guardian in case of Minor) expressly agree to indemnify and agree to keep Viacom18, their employees, or any other person, directly or indirectly connected to the Program, against any claim, loss (physical, mental, emotional), damages and liability arising as a result of any untruthful, inaccurate or misleading information provided by you, any failure on your part to abide by the Rules, any breach of the terms hereof, any violation of any applicable laws by you, or any such claims, losses, damages and liabilities arising out of your participation in the audition and/or Program.

29. You hereby agree and undertake that you shall not accept or undertake to accept (unless permitted by the management of Viacom18) / give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate your selection or participation in the audition and/or Program. It is hereby reiterated that Viacom18 does not charge any money/participation fee for the audition/participation in the Program hence, You are requested not to entertain any calls or agents in this regard.

30. If you are employees of and/or consultants of and/or persons hired on contract by the Producer or Viacom18 or subsidiaries affiliated companies or a member of their immediate family, then you are ineligible for participating in the audition and/or Program.

31. On request of Viacom18, you or parent/legal guardian in case of Minor shall also make arrangements for Viacom18 to have access to your residence, work place, favorite hangouts, pets etc. and obtain necessary permissions from your parents, siblings, friends, colleagues to be photographed, interviewed and to record or click their photographs, videos etc.

32. If you wish to participate in the audition/studio auditions and/or Program, then you shall mandatorily comply with the Rules stated herein and/or as required by Viacom18’s representatives and shall at all times adhere to the laws of India.

33. You hereby understand that mere announcement/declaration of being called for audition/studio auditions or allowed to participate in the Program will not entitle you to be selected for the Program or entitled to any benefit/demand of any nature. Only upon fulfilling all Rules mentioned herein, to the satisfaction of the Viacom18, shall your participation in the audition and/or Program be validated.

34. You hereby agree and confirm that even if you are selected for the audition/studio audition and/or Program neither you nor your parent/legal guardians etc., shall have any right to claim any benefit/demand/consideration/monies from Viacom18 or Producer, in addition and/or in exchange of the selection. You hereby confirm and acknowledge that final participation in the Program shall be subject to you being selected in the audition and execution of a written agreement with the Viacom18/producer of the

35. You hereby agree that by taking part in the audition process you have deem to be consent to receive promotional messages about the Program from Viacom18 or any third party so authorized by Viacom18. You acknowledge that Viacom18 shall not be liable for any mishap, injury, accident, untoward incident, physical harm of any nature, death, loss of life or limb, etc., caused to them, either before, during or after the audition of the Program or the Program; and the same shall not be attributed to Viacom18 and Viacom18 shall not be held responsible towards the same nor shall be liable to indemnify or make good any claim being raised against it, for whatsoever nature.

36. Viacom18 shall not be liable for any loss, injury, mental/psychological issues like anxiety, depression, stress etc. or even death caused to you during your participation in the audition or the Program (if selected).

37. Under no circumstance, unless due to willful misconduct or gross negligence, shall Viacom18 and/or their directors,employees, officers, affiliates or subsidiaries, be liable to the Minor /participant/legal guardian/parent and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if Viacom18 has been advised of the possibility of such damages. You 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 audition/Program.

38. You hereby agree and confirm that any and all decisions of Viacom18 in connection with participation, selection, disqualification for the audition and/or Program is final and binding and is non-contestable. You shall neither question the process nor dispute the same in any manner. Viacom18 shall not entertain any questions, correspondence, and enquiries on the manner of conduct of the audition of the Program from any person whatsoever. In case of any dispute or difference in respect of above, decision of Viacom18 shall be final and binding on all parties/persons. In the event, there is any disagreement regarding the Rules herein, the same shall be construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the Courts in Mumbai, India.

­ Below is the tentative schedule for On-ground auditions :

Date	AUDITION CITY
29-May-22	PUNE
31-May-22	AURANGABAD
03-Jun-22	KOLHAPUR
05-Jun-22	MUMBAI

 

39.   You hereby agree and accept that Voacom18 disclaims any liability arising out of the consumption of food and beverages that may be provided by any third party at the Venue and/or any liability arising out of the use of any service or product available for sale at the Venue by any third party.