The terms and conditions given hereunder shall be deemed to apply to the Participants of the Contest. Participation in the Contest constitutes full and unconditional acceptance of these terms and conditions. Eligible Viewers who are not agreeable to any of the terms or conditions given hereunder should not participate in the Contest
I. Definitions:
"STAR India" means and includes STAR India Private Limited and its affiliates, parent/holding/subsidiary and/or group companies, their respective successors and assigns.
"Producer" shall mean Bajaj Allianz Limited
"Organiser" shall mean organizers of the Contest and shall include the Producer and/or any agency/contractor appointed by it for the purpose of the Program and the Contest, as the cse may be.
"Program" shall mean Bajaj Allianz-Discover India with Anupam Kher show and all/any of its episodes
"Channel" shall mean television channel on which any/all of the episodes of the Program are Telecast
"Contest" shall mean "Bajaj Allianz Discover India with Anupam Kher -Viewers Contest" (as described in clause V below) organized by the Producer as a part of each/any of the episode(s) of the Program
"Program Frequency" shall mean frequency of Telecast if the Program during a week
"Program Time" shall mean time of Telecast of the Program on the Channel
"Program Day" shall mean day of the week on which the Program is Telecast on the Channel.
"Program Schedule" shall refer to Program Frequency, Program Time, Program Day, Channel collectively or any combination thereof
"Telecast" shall mean making the any of the episodes of the Program available to the viewers as per the Program Schedule but does not include any re-runs/re-telecast/repetition of any/all of the episodes at any time during or after the completion of first Telecast of any/all of the episodes of the Program.
"Eligible viewer(s)" shall mean those viewers who fit into the eligibility criteria given hereunder, to participate in the Contest.
"Participant(s)" shall mean eligible viewers who participate in the contest strictly in the manner provided herein.
"Player" shall mean any individual participating in the Program as a player as selected by the Producer on the basis of selection procedure decided and designed by them.
"Contest Prize" shall mean the reward to be given by the Producer to the winner of the Contest
"Contest Term" shall mean duration for which the Contest shall be open for participation to the eligible viewers as given in clause IV.
Any of the terms not specifically defined herein shall have the meaning assigned to them where used or as used commonly in television/media business or as the context may require or as commonly understood, as the case may be.
II. Introduction:
This Contest is organized by the Producer as a part of the Program broadcasted by STAR India Private Limited ("STAR India") on behalf of the Producer and is open to eligible viewers of the Program subject to the terms and conditions mentioned hereinbelow.
III. Detail of the Program Schedule:
Program Frequency: Weekly
Program Time: 12pm to 12.30 pm (IST)
Program Day: Every Sunday of the Week during the Contest Term
Channel: STAR PLUS
The Program Schedule given above or any of its components may be varied/substituted/altered/discontinued by Producer and/or STAR India at its/their sole discretion from time to time, which may be communicated/announced to the viewers through any media (e.g Internet, television, print etc) and at such time as deemed fit by STAR India at its discretion. STAR India shall not be liable in manner in case any of the viewers are not able to obtain information regarding any such change in the Program Schedule.
IV. Contest Term:
This Contest shall commence from Sunday February 13, 2011 i.e. from the telecast of 1st episode of the Program and shall continue upto and including April 03, 2011. The Contest Term may be varied in accordance with any change in the Program Schedule.
V. Description of the Contest and Participation Procedure:
a. The Contest shall be conducted by the Organisers on weekly basis, in form of a question displayed at the start/during or at the end of the episode of the Program.
b. The Eligible viewers may participate in the Contest by sending answer for the question asked for the viewers during the Program, by way of SMS through their mobile handsets.
c. The Participants are required to select the correct answer amongst 4 alternatives provided along with the question.
d. The Eligible Viewers should send an SMS containing the option corresponding to the correct answer strictly in the format as instructed during the Contest.
e. The SMS containing the correct answer should be sent only to 57827 with the keyword (if any) and to no other number
f. The SMS entries should be sent by the Participants only between 12pm to 12 am (IST) on the Program Day only (e.g. In case the episode of the Program is Telecast on February 13, 2011, only such SMS will be considered valid for the purpose of Contest, which are sent between 12pm of February 13, 2011 and 12am of February 14, 2011). Any Participant sending SMS entries which are sent before or after 12am to 12pm on the Program Day shall be deemed disqualified. Also in case a Participant sends multiple SMS containing different options, such Participant shall be deemed to be disqualified from the Contest.
g. The mobile numbers of the Participants providing the correct answer in the manner stated above, shall be sorted and collated by the Organizer and based on random selection one winner shall be selected per week.
h. The winner of the Contest shall be contacted directly by the Organisers on the mobile number through with the SMS containing correct answer was sent by such winning Participant.
i. The winner selected in aforesaid manner, shall be eligible to the Contest Prize i.e. One Digital Camera of such make, company, specification, price etc. as may be solely decided by the Producer. Taxes, if any, in relation to such Contest Prize shall be borne by the winning Participant.
j. All activities related to the Contest including the selection of question for the Contest, alternatives to be provided, decision as to the correct answer, selection of winner, the Contest Prize and disbursement thereof shall be solely conducted by the Organisers and any issues, concerns, liabilities etc arising from the Contest or any part/procedure of it shall be the sole liability of the Organisers and STAR India shall in no manner be responsible and/or liable in any manner whatsoever including but not limited to any damage to the Contest Prize/cost/expenses/claim/demands of any nature whatsoever arising therefrom or related thereto.
VI. ELIGIBILITY
To be eligible to participate in the Contest following condition are to be satisfied by the viewers:
a. The viewer should send SMS only through his/her own mobile handset.
b. If a Participant is declared winner in the Contest, he shall not be eligible to participate again during the Contest Term.
c. The Contest is open only to individual Indian Citizens residing permanently in India. Employees, affiliates, relatives and family members of STAR India and/or the Organisers will not be eligible to participate in the Contest If any Participant participates against this condition, such Participant shall be deemed disqualified ab initio.
d. By sending the SMS it is deemed that the Participants agrees to abide by all terms and conditions stated herein (including any amendments/variations/ modifications thereto from time to time) or communicated later in any manner.
VII. GENERAL TERMS AND CONDITIONS
1. Entry to the Contest is void where prohibited.
2. The Participant shall be solely liable in relation to all any and costs pertaining to Participation in the Contest.
3. Organisers may alter, amend, cancel or abolish the Contest and/or the Program Schedule prior to, during or after commencement of Telecast of the Program, without assigning any reason, and without any demur, costs or claims from Participant.
4. Participant must send SMS entry only for himself/herself and not on behalf of any other viewer.
5. Participation in any manner other than in the manner specified hereinabove is deemed invalid.
6. Neither STAR India nor the Organisers shall be liable to disclose any details whatsoever relating to the conduct of the Contest and/or selection of lucky winner or anything relating thereto.
7. The Participant who is declared as winner shall not be entitled to participate again in the Contest during the Contest Term. Subsequent, Participation shall be deemed to invalid.
8. STAR India/ Organisers reserve the right to withdraw the Contest and/or alter any of the terms and conditions of the Contest at any time without prior notice.
9. STAR India shall not liable for any warranty or representations, indemnifications either expressed or implied concerning the Contest.
10. STAR India shall not be liable to any person including the Participant(s) for any loss or damage whatsoever that may be suffered, or for any personal injury that may be suffered, as a result of participating in the Contest or by acting on the basis of instructions received from the Organisers in respect of the Program and/or the Contest and any changes thereto. STAR India is not liable and/or responsible in any manner whatsoever for technical failure in case of cellular networks, etc. and as a result of which the Participant(s) SMS has not been received by STAR India/Organisers and the Participant(s0 have been charged for the same by the cellular network..
11. If the Contest requires prior compliance/act from the Participant, then absence of such compliance/act being performed, shall be deemed as disqualification of the Participation in the Contest, without requirement of notice to Participant.
12. The Participant agrees to indemnify STAR India and keep STAR India harmless and indemnified against any costs, claims, expenses, liabilities, damages, compensations including our Attorney fees, either anticipated, threatened or claimed by the Participant or any third party related to and/or claiming under the Participant, in relation to this Contest, participating in the Contest, any misrepresentation or fraud committed by the Participant, under Contest process, terms and conditions and eligibility etc. and the Participant undertakes to pay all amounts as estimated by STAR India without any demur.
13. STAR India/Organisers reserves all rights under the Contest.
14. List of participants eligible for reward under the Contest and nature of Contest Prize will be decided by Organisers solely on the basis of its verification process which shall not be non questionable and non contestable.
15. By entering the Contest, the Participant irrevocably permits STAR India to use the name, likeness, voice, comments etc. of any Participant for advertising and promotional purposes in any media perpetually worldwide for purposes of advertising and trade without any additional compensation whatsoever.
16. The Contest shall be postponed or cancelled temporarily or permanently in case of any difficulty to Telecast the Program for any reason whatsoever, including, but not limited to technical issues, strikes, permissions etc., without any costs or demur or notice to the Participants by STAR India.
17. Participants waive any and all rights of claim or rights of any nature not expressly provided herein against STAR India
18. The Participant irrevocably confirms and consents to receive email/mobile communications from the Organisers at any time in case of selection as lucky winner.
19. The Contest is organized in India on such terms and conditions, from time to time, as Organisers may deem fit at their sole discretion, without any claims, costs, expenses, liabilities etc. for any reason whatsoever.
20. If the Participant does not agree to comply with terms and conditions herein, he/she should not participate in the Contest.
21. If the Participant does not agree/fails to comply with terms and conditions herein, he/she shall be deemed to be disqualified from the Contest.
22. Organisers shall be entitled to de-register or restrain any person from participating in the Contest, at its sole discretion and without assigning in reason
23. The terms and conditions mentioned herein shall always be in addition to and not in substitution of any additional term/conditions announced during the Telecast of the episode of the Program. In case of any conflict, the terms/conditions announced during the Telecast of the Program shall prevail.
24. All costs and expenses of litigation if any, in relation to any dispute arising out of or in relation to this Contest shall be borne by Participant.
25. In the event of any legal issue or any dispute, difference or question, which may arise to you with STAR India arising out of or by virtue of terms and conditions herein or Contest etc., it shall be referred to a sole arbitrator appointed by STAR India for arbitration under Arbitration and Conciliation Act, 1996 at such place in Mumbai as required by STAR India. The language of arbitration shall be English. Participant shall bear and be liable for all the costs and expenses of dispute resolution and arbitration, including STAR India Attorney fees, stamp duties, costs, expenses etc. and costs and expenses of lodging, boarding, food and venue of Arbitrator and Arbitration, which shall be paid in advance as anticipated by STAR India. The matters relating to arbitration shall be kept confidential.
26. Subject to Arbitration, all disputes are subject to the exclusive jurisdiction of courts of Mumbai only.
27. In case any of the term(s) or condition(s) contained herein is/are declared invalid or unenforceable by any court of competent jurisdiction and/or the Arbitrator, the remaining terms and conditions shall continue to be effective and binding on the Participant.