“झी टॉकीज कथायण” चषक
TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE CONTEST
By means of these terms and condition set forth herein (“Terms and Conditions”), Zee Entertainment Enterprises Limited (“Company”) is conducting a contest named ‘झी टॉकीज कथायण” (“Contest”) to promote the Company’s channel titled “Zee Talkies”(“Channel”), whereby the Company is providing an opportunity to the interested participant (“Participant(s)”) to submit their entries on the e-mail address provided herein ( referred as “Entry Platform”), and get a chance to win the Gratification (as defined hereunder) on terms more particularly described herein below, which the Participant agrees to be unconditionally bound by:
I. PROCEDURE FOR PARTICIPATION AND SELECTION
1. In order to participate in the Contest the Participant(s) will be required to submit a movie story (not more than 2000 words) along with a detailed full-length screenplay of the movie story (“Screenplay”) by 21st January 2021 in PDF format on the contest Entry Platform i:e e-mail address [email protected] with details such as the Participant’s name, age, city, mobile no. 1, mobile no. 2, e-mail address (“Personal Information”). The story and screenplay need to be in Marathi along with logline and Genre. A participant can submit multiple entries. on the Entry Platform (“Entry”).
2. Contest shall be for a period from 1st to 21st January 2021 (“Entry Submission Period”).
3. By 1st January 2021 the Company may promote this Contest through the medium of the Channel, Website, print media (newspapers), television (promos, Astons, bugs, etc.), on-ground promotions, push SMS, radio, digital media/ online and any other manner as shall deem fit by the Company, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Contest.
4. For the purposes of the Contest, a complete and valid Entry will constitute emailing the Story and the full-length Screenplay of the movie on the Entry Platform during the Contest Period along with his/her Personal Information. If the Participant(s) fails to make the Entry in the manner as stated herein above and/or is not a resident of India and/or has violated any guidelines published by the Entry Platforms, then his/her Entry shall be considered incomplete and the Participant(s) shall not be eligible for the Gratification.
5. Each Participant shall submit Entry on the Entry Platforms in accordance with Clause I (1) during the Contest Period for participation. Entry received from the Participant(s) which is contrary to the terms mentioned above on the Entry Platforms during or after the Contest Period shall be considered null and void. It is clarified that multiple Entries can be submitted by the Participant(s) but the Company shall have the sole and absolute rights to decide on to which Entry or how many Entries (out of multiple entries) of the Participant to be considered.
6. The Participant(s) shall ensure that the Entry submitted on the Entry Platform and any post made by the Participant(s) related to the Contest, on any of the social media platforms will be in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person (living or dead), religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant(s) agrees that the Company has the right to remove any such material/Post which may not be in consonance with applicable law.
7. The Company shall not be responsible in the event Entry is not received due to any technical error and/or connection failure and/or electricity failure and/or for any reason whatsoever
8. The Company shall not be responsible in the event Entry is claimed by someone.
Thus, prior registration of the story and screenplay is advised
9. During the Contest Period, on the basis of the Participant(s) having made a valid Entry on Entry Platform(s), the Company’s Channel team along with an external jury shall select 5 winners with best Screenplays (“Winners”) and they shall receive prizes as mentioned in the table below (“Gratification”).
1st winner will receive 3 Lacs 2nd winner will receive 2 Lacs 3rd winner will receive 50 Thousand 4th winner will receive 50 Thousand
5th winner will receive 50 ThousandFor avoidance of doubt, it is clarified that apart from the Gratification, the Winner(s) shall be not entitled for any other gratification/ opportunity/favours whether monetary or otherwise. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the form and/or value and/or brand of the Gratification and the Participant shall have no claim in any manner whatsoever in this relation. The Participant understands and agrees that the Company shall have full discretion, without informing the Participant, to change the form of Gratification and the Participant shall abide by the Company’s decision to this effect.
10. For avoidance of doubt, it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the Winner(s) shall be final and binding. The Company at any time during or after the expiry of the Contest Period shall at its sole discretion increase or decrease the number of Winner(s) to be selected by the Company for being entitled to receive the Gratification. For the sake of clarity, mere submitting an Entry on the Entry Platform does not entitle the Participant(s) to receive the Gratification. Only the Participant(s) who have made a valid Entry as per Clause I(1) and Clause I (6) during the Contest Period shall get a chance to proceed further for the selection process in the Contest.
11. On selection of the Winner(s)by the Company, the Winner(s) shall be intimated by the Company and /or by any other agency on behalf of the Company by directly emailing on the email address from which the Winner submitted his/her Screenplay on the Entry Platform(s) or by calling on the mobile number provided in the Personal Information(“Intimation”). The Winner will be required to connect with the Company on the contact number/email id that shall be mentioned in the Intimation within 24 (twenty four) hours from the delivery of Intimation by the Company.
12. In case the Winner fails to revert to the Company within the aforesaid timelines, the selection of that particular Winner shall be invalidated and the Company at its sole discretion may select another Winner from amongst the eligible Participants. The Company 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 Winner(s) are un-reachable, due to which the Company is unable to intimate the Winner(s).
13. In case the Winner(s) reverts to the Company in a manner as said forth in Clause I (11) above, the Winner(s) shall be required to adhere to the verification process of the Company which inter alia shall include sharing (i) the personal information (“PI”) of the Winner such as name, contact number, email address, age, gender, complete residential address etc. and (ii) identification documentation such as age proof, residence proof, their nationality proof (i.e., pan card, passport, adhaar card, voter card, permanent driving license), and a cancelled cheque (“Documents”). For the sake of clarity, such Intimation received by the Winner from the Company does not entitle Winner to receive Gratification unless the Winner furnishes all requisite PI and the Documents in a form and manner desired by the Company. Post receiving the PI and Documents of the Winner, the Company shall verify the necessary PI and the Documents at its end.
14. Once the PI and/or the Documents have been verified by the Company, the Company and /or any other agency on behalf of the Company shall inform the Winner(s) about the selection as one of the Winner(s) of the Contest.
15. The Gratification given to the Winner(s) by the Company is non-transferrable and non-exchangeable. Each Winner agree and undertakes that no alternative gratification/ opportunity will be given to the Winner(s) and the Winner(s) cannot exchange the opportunity given for any kind of gift with value. Further, the opportunity given to each Winner(s) is personal in nature, hence the Winner(s) cannot transfer the opportunity to any other person.
16. The Winner(s) shall not in any circumstances make any claims against the Company entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly or any related Contest, to the extent permitted under law. If the Winner(s) is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
17. Family members and relatives of the employees of the Company and their group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the Contest.
18. No dispute shall be entertained with regards to the selection criteria. Decisions of the Company shall be final and binding on the Participant(s).
19. Each Winner(s) may have to sign any release form or other relevant document as required by the Company in order to receive the Gratification from the Company.
20. All PI and Documents (if asked by the Company) requested by and supplied to the Company by each Participant must be truthful, accurate and in no way misleading, failing which the Company reserves at its sole discretion the right to disqualify any Participant from availing the opportunity to participate in the Contest.
22. The Participant Winners agree and acknowledge that the winning Screenplays shall not be pitched to any other company for 2 years from the date of winning, and the Company shall be at liberty to use/exploit the Screenplays for its purposes while giving writing credit to the winner. In an event the Company fails to use/exploit such Screenplays within 2 years, the Winners shall be at liberty to use the same.
II. GENERAL TERMS AND CONDITIONS
1. Each Participant can be (i) 15 years old and above (ii) be a citizen residing in India; (ii) have no criminal conviction; (iii) not have an arrangement or a contract with any third party that prevents the Participant(s) from participating in the Contest.
2. By submitting the Entry on the Entry Platform, the Participant(s) acknowledge that they have reviewed the entire Terms and Conditions and agree to the same.
3. The Company 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(s) to check the Terms and Conditions of the Contest on the Channel’s Facebook page being https://www.facebook.com/zeetalkiesofficial/
4. The Participant hereby undertakes, warrants and guarantees to the Company that he has the full legal capacity to participate in the Contest in accordance with law and also these Terms and Conditions.
5. The Participant acknowledges that he/she has voluntarily chosen to participate in the Contest at his/her free-will and is willing to bear all risk, and consequences arising from such participation in the Contest.
6. The Company makes no representations, warranties nor provides any undertaking to any of the Participant(s) that any or all of the Participants will be able to qualify for receiving the opportunity to participate in the Contest.
7. The Company shall not be liable/responsible for any lost opportunity, damages, losses, costs, expenses, or otherwise suffered/incurred by any of the Participant(s) in the event that the Company is not able to permit the Participant to take part in the Contest in accordance with any of the foregoing provisions.
8. Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, to cancel the Contest or reschedule the Contest dates.
9. At no point of time will the Company be obliged to notify unsuccessful Participant(s) of its decision.
10. The Winner(s) of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with the Company and participate in any Contest and/or campaign relating to the Contest (“Promotional Contest”) of any nature whatsoever without any money payable to the Winners. Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Contest for any reason whatsoever. The Winner(s) gives his/her consent to the Company and/or any other agency on behalf of the Company to make the footage of the participation in the Promotional Contest. The Winner(s) in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Winner(s) and/or the material submitted by the Participant shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and the Company may exploit the same in any manner and in any media whatsoever at any time throughout the world. It is hereby agreed by the Participant(s) that the story and screenplay submitted by him/her is the original idea and creation of the Participant and the same shall not infringe any third party’s copyright.
11. The Participant(s) shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors, or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by the Participant(s) and/or the Winners in connection with the Contest and/or the Gratification and also to the extent possible under law, waives all rights to file in-person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
12. The Participant(s)/ Winner(s) shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by the Company in connection with any act of the Participant(s)/ Winners and/or the Contest and/or post and/or Entry and/or any third-party rights claims with respect to the material submitted by the Participant(s)/ Winners.
III. OTHER TERMS
1. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
2. These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to the exclusive jurisdiction of the competent Courts in Mumbai.
3. The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.
4. Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
IV. NO LIABILITY
1. The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Program.
2. The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to the Contest or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Contest whether or not caused by (1) the Participant’s participation in the Contest, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (3) any printing, typographical or technological errors in any materials associated with the Contest. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Contest. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.
3. The Participant(s)/Winner(s) agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Contest including but not limited to persons connected to the selection procedure for the Contest.
4. The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant and arising as a result of his/her participation in the Contest.
5. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Contest on account of any force majeure factors or otherwise.
6. Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise, for the Winner(s)during his/her participation in the Contest.
7. The Participant hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Contest or due to any representations, misrepresentations or concealment of material facts by the Participant.