These rules for participation in the Contest (“Terms and Conditions”) shall be irrevocably
binding on each entrant/participant (“Contestant(s)/Participant(s)”) voluntarily
participating in the Contest. The
participation by the Contestant(s)/Participant(s) in the Contest in the manner as detailed below shall
be deemed to be their absolute agreement to the Terms and Conditions, Terms of Use and Privacy
Policy of STAR India
as prescribed from time to time. The Contest shall be governed by the Terms and Conditions stated herein below and all Contestant(s)/as requested herein unconditionally
accept and agree to comply with and abide by the same.
The
Privacy Policy available here at www.starplus.in shall govern all usage of any
Personal Information (defined below) gathered under or pursuant to this Contest
by STAR India (defined below).
Definitions
"Company"
means STAR India Private Limited, the owner and rightholder of the Program.
"Contestant(s)":
Any person(s) who is five (5) years and above as of March 10,2013 and is a
citizen of India and/or a resident of India as per the Income Tax Act, 1961,
and enters the Show in accordance with the rules stated below.
“Program”
means the Show(s) (defined below) which shall be tentatively titled “India’s
Dancing Superstar
“Production
House” BBC Worldwide Media Pvt. Ltd, the
organizers and producers of the Program
"Show(s)"
means each episode(s) of the Program including any Special Show(s).
“Show Player(s)”
means the selected Contestant(s) who are selected through the process of the
Audition to participate in the Program.
“Special Show(s)” means any episode/s of
the Show recorded with Contestant(s) who belong to a category other than that
specified hereunder, which may include celebrities or children special, or any
other category which may be decided upon by the Company in its sole discretion.
Such episodes may have additional rules (as amendments/attachments) to which
the Contestants will have to comply with along with all the other rules of the
Competition.
“Audition(s)” means different levels of
selection process which the Contestant(s) need to clear for participating in
the Program.
“Audition Centre” (i)means a location in
any of the following cities where, at the discretion of the Company, the
Contestants need to come for the level 1 and 2 of the Audition process: Jaipur, Bhubaneswar, Jammu, Ranchi,
Chandigarh, Patna, Lucknow, Guwahati, Delhi, Indore, Chennai, Ahmedabad,
Bengaluru, Kolkata, Pune, Nagpur, Hyderabad, Mumbai or any other such city as
the Company may nominate (ii). means and is limited to locations in the cities where, at the discretion of the
Company, the Contestants need to come for the level 3of the audition process: Delhi ,Mumbai and Kolkata and (iii) means and is limited to locations in the city of Mumbai where, at the discretion of the Company, the
Contestants need to come for the level 4 of the
audition process.
“Studio" means any location deemed
fit by the Company for filming of the Program.
“Intellectual
Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any
vested in the Contestant relating to or in the Footage owned by the Company, concepts,
confidential information, copyrights, databases, designs, formulae, franchises,
goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet
music, lyrics and remixes), permits, proprietary information and knowledge,
scripts (and their sound recordings), segments, set designs, service marks,
technology, titles, trademarks, trade names, trade secrets, format rights, and
all other allied, ancillary and subsidiary rights in any and all media whether
now known or subsequently invented, as well as all other intellectual property
as is commonly understood and recognized as such by applicable law, (past,
current or future) industry usage, or otherwise.
“Works”
shall mean an include any form of artistic works, works of authorship , any
form of performances and services made by the Contestant(s) or compilation,
data which is developed, created, discovered, invented or otherwise brought
into existence by the Contestants during the course of Program/Show or the Auditions.
“Exploitation/Exploit
” shall mean the exploitation of the Materials including along with its cognate
forms and grammatical variations, means and includes the exploitation, use,
alteration, broadcast, rebroadcast, communication, encryption, transmission,
translation adaptation, publication, cutting, editing, and packaging of the
Intellectual Property vested in the Materials, either in whole or in part, in
any form/format or language, as
may be decided by STAR INDIA in its sole discretion and shall include incorporation
of the Materials including performances in the Program or any audio visual
recording or sound recording or as may be decided by STAR INDIA in its sole
discretion as
well as the conversion of the Materials from one form/format to another
and in relation to the Materials, making
of a Cinematograph Film or Sound Recording, Communication to the Public,
Broadcast, Performance in Public, adaptation, reprography, reproduction,
distribution, sale, commercial rental, assignment, licensing, merchandising
rights, remakes, sequels, prequels, versions, translations, dubbing and/or
subtitling in any all languages/dialects in the world, converting the Materials
for theatrical exploitation, including but not limited to the broadcasting
thereof by any form of radio, internet and any and all form of television
including but not limited to terrestrial, satellite, direct to home, cable,
IPTV, any form of video on demand (including but not limited to Pay-per-View,
NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or
exploited through wire or wireless including but not limited to internet,
websites including but not limited to social networking websites, blogs,
internet or mobile streaming or download services (whether free, pay or
subscription based) computing and networking devices, mobile /telecommunication
system based platforms, mobile TV, theatrical or non-theatrical or any other
means whether now known or existing or in commercial use or hereinafter
invented or developed in the future in and to the Intellectual Property and all
elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the
Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound
Recording’, ‘Visual Recording’ shall have the same meanings as defined in the
Indian Copyright Act, 1957 as amended from time to time and all analogous
rights subsisting under the laws of each and every jurisdiction throughout the
world.
PRINCIPAL RULES
1.
The Contest will commence from February 1st
2013 conclude on March 10,2013(“Period”) (both dates inclusive).
2.
Procedure to register
(a) The Company shall promote the registration through
on-air (promos, astons, bugs etc.), radio, online and any other manner as the
Company may deem fit, at its sole discretion, stating the mechanism in which
the Contestant(s) can participate in the Program.
(b) Registration process will be at the
Audition Centre.
(c)
The
Contestant(s) can get details of the Audition Centres in the following manner:
i.
By
sending SMS in the following format: <dance>to
57827. The Contestant(s) will then
receive an SMS with (a)details of the Audition Centre closest to the Contestant
where the Auditions is yet to commence, (b)the date and timings for such
Auditions,(c) the details on the documentation required to be submitted by the
Contestant(s) at such Audition Centre prior to the Auditions. In some cases, if
the locations for the Audition Centres are not finalised then the Contestant(s)
shall receive an SMS with the date of Auditions along with a message stating
that details of the Audition Centres and the timings for the Auditions will be
intimated to them via SMS in some days and to log on to www.starplus.in for any further details. By logging on to the website www.starplus.in (“Website”).
ii. Logging
on to the facebook page of the Program
(d) Cost
applicable for the sms sent by the Contestant(s)
The
cost charged to the Contestant(s) by the respective network provider(s) shall
be as follows:
|
Network Operator(s) |
Costs(Rs) |
|
Vodafone |
3 |
|
Airtel |
3 |
|
Idea |
3 |
|
Reliance Communications, |
3 |
|
Aircel |
5 |
|
Tata Indicom |
3 |
|
BSNL |
2 |
5.
The Auditions for the Contest shall be conducted at the Audition Centre
in the manner as detailed below:
a. LEVEL 1-
i.
The Contestant(s) will be asked to perform a single dance act (“Act”). This Act shall be evaluated by the Production House or its representatives.
ii.
For avoidance of doubt it is clarified that the decision of the Production
House or its representatives shall be final in this regard.
iii.
The
top rated Acts shall be short listed at the discretion of the Production House
for the next level.
iv.
The
Company and /or the Production House reserve the right to stop/interrupt the
Contestant(s) during the Act and the Contestant(s) shall have no objection to
the same.
b.
LEVEL 2
i.
The Contestant(s) whose Acts have been shortlisted in the earlier level shall
perform once again on the same day. These Acts shall be evaluated by the
Company and/ or any representatives and /or choreographers appointed by the
Company and /or the Production House or its representatives.
ii.
For avoidance of doubt it is
clarified that the decision of the Company and/or any other choreographers(s)
appointed by the Company and /or the Production House shall be final in this
regard.
iii.
The top
rated Acts shall be short listed at the discretion of the Company and /or the Production
House.
i. In case a Contestant gets selected in Level 2, he/she
will be required to be present for Level 3 at the main Audition Centre which
will be in Mumbai, Delhi or Kolkata on specific dates as decided by the Company
and agree to travel, stay, etc. entirely at his/her own expense. Selected
Contestants can choose the city they want to come to for Level 3 of the
auditions, provided that the Company reserves the right to declare a maximum
number of Contestants which can enter Level 3 in a particular city. Such
Contestant(s) shall be asked to perform an Act and be further interviewed by
the Company and/ or any other person(s) appointed by the Company.
ii. The Contestant(s) and any 1(one) parent of the Contestants (below
18 years-) shall do any and all acts and execute any and all documents in such
manner and at such location as may be required by the Company in its sole and
absolute discretion.
ii.
Such shortlisted Contestant(s) shall perform acts before a panel comprising
of 1 (one) or more reputed choreographer and 1 (one) or more) representative
from the Channel /Production House, as the Company may deem fit at its
discretion (hereinafter referred to as “Jury” together). The top rated Acts shall be short listed at
the discretion of the Jury on the basis of the scores awarded by them.
iii.
The Company reserves the right to select any number of Contestant(s)
from the main Audition Centers from all the cities. The selected Contestants
shall be eligible for the next level of selection. The
Contestants shall be informed about their selection for the next round,i.e. the
televised auditions by the Company and
/or its representatives .
v.
Such selected Contestant(s) shall be required to be present in or around
Mumbai for the next level of selection on the day and time specified by the
Company.
c. LEVEL
4 – (Televised Auditions) –
i.
Contestant(s)
and parents of the Contestant(s) (below 18 years) shortlisted at level 3 shall be required to be present
in or around Mumbai for the next level of selection on the day and time
specified by the Company.The
cost of travel and lodging of such Contestant(s) shall be borne by the Company
on actuals subject to the same falling
within the fixed bracket decided by the
Company at its sole discretion and communicated to the Contestant(s) and
subject to the Contestant(s) providing the Company with actual
receipts/documentation evidencing such
expenses.. If the Contestant(s) fails to attend the Mumbai Audition at the
venue on the date and time as informed by the Company, the entry of the
Contestant(s) will be invalid.
ii.
The Contestant(s) and
parents of the Contestant(s) (below 18 years) will be required to register by executing the
necessary documents and also by furnishing the documents as required to verify
the personal details provided by the Contestant(s) in Level 1 or 2. Each of the
selected Contestant(s) shall be required to furnish the necessary documentation
(as stated in the General Rules below) in original to confirm the eligibility
details, etc. provided by the said Contestant(s). In case the said
Contestant(s) is unable to furnish the original document(s) to verify the
eligibility details and also submit self-affirmed photocopy of the same, the
said Contestant(s) shall be disqualified by the Company.
iii.
The Company reserves the right to introduce Contestant(s) from outsides
India in the Level 4, who have gone through the similar selection process as
the Contestant(s) from India.
iv.
Level 4 will be held in or around Mumbai. The Contestant(s) shall be evaluated by the
Judges of the Program appointed by the Company.
v.
The Judges panel will judge the Contestant(s) on the basis of the Acts
performed in front of them.
vi.
The Judges shall rate these Acts on the basis of dance
performance and overall personality.
vii.
The
Company shall select Show Player(s) from amongst the Contestant(s) selected for
the Level 4. The selected Show Player(s) shall have to ensure that they will
make themselves available for all shoot dates and travel to any place for the
shoot of the Program, as may be informed by the Company from time to time.
viii. The selected Show Players will need to
reside in any place in India decided by the Company at its sole discretion,
during the shoot schedule of the Program.
ix.
Upon successful contact and agreement with the Show Player(s) in
relation to the arrangements for such Contestant(s) attendance at the Studio,
the selected Show Player(s) must attend the Studio at the time and date
communicated by the Company.
x.
In the event of the failure of any of the Show Player(s) from attending
the Studio by the aforesaid time for any reason whatsoever the Company shall at
its own discretion be entitled to exclude such Show Player(s) from the Show.
6. It is clarified that Contestant(s) who have
participated in dance based reality shows /programs broadcast /telecast on any
satellite channel, will need to mandatorily inform the Company about such
participation prior to participating in this Contest. The final decision
whether to select such Contestant(s) for the Contest shall vest with the
Company.
7. The Company reserves the right to extend the
timing or close the gates of the Audition Centre(s), without prior notice to
the Contestant(s) and/or people who have turned up at the Audition
Centre(s).
8. It is clarified that the Contestant(s) shall
carry their own music CD’s or tapes for all the Levels of the Contest and /or
shall be solely responsible to make all arrangements for facilitating their Act
and the Company shall not be responsible to provide the same.
9. For the avoidance of doubt, if a
Contestant gets disqualified in the first level, then he/she can travel to any other
Audition Centre and Audition on the specified date.
10. For avoidance of doubt it is clarified that
the final selection of the Show Players made by the Channel/Company
/Jury/judges shall be final and binding on all the Contestant(s) and in no
event shall the Contestant(s) dispute the decision made
by the Channel/Company or its employees in connection to
the Contest. For the sake
of clarity, in the event of any fault, misunderstanding or dispute concerning
any part of the Contest and/or the selection process to qualify for the
Contest/Program, the decision of the Company shall be final and binding.
10. In case of Contestant(s) below 18 years of age, any 1 (one) parent/guardian
of such Contestant(s) shall accompany the Contestant (s) for all the levels of
the Auditions and shall stay with
him/her till her elimination and /or
completion of the Program (whichever is earlier)
11. The Company and /or the Production House
and /or the Jury and /or the Judges (as the case may be) reserve the right to
stop/interrupt the performance of the Contestant(s) at any given point during
any of the Levels of the Contest and the Contestant(s) shall have no objection
to the same nor shall they raise any objections against the same. It is further
clarified that the Company and /or the Production House and /or the Jury and
/or the Judges (as the case may be) are not obligated to watch the performance
of the Contestant(s) and /or the Act beyond a reasonable time period. For the
purposes of this Contest, reasonable period shall mean 30 (thirty) seconds.
GENERAL RULES
1. The Contest is strictly open to Contestant(s) of the age of 5
(five) years and above and residents of India only.
2. The Contestant(s) can participate in the Contest
either individually or in duos or in groups. For clarification it is stated
that the performance of the Contestant(s) can be a solo performance or duo performance
or a group performance.
3.
The
Contestant(s) should not have
any criminal conviction. Contestant(s) must be in a physically, emotionally and mentally fit
condition to participate in the Contest/Program.
4. Contestant(s) is required to
furnish necessary supporting documentation in original (i.e., birth
certificate, school leaving certificate or passport) and/or any other
documentary proof as may be required by the Company to confirm the eligibility
of the Contestant(s). The Contestant(s) and parents of the Contestant(s) (below 18 years) agree to do any and all acts
and execute any and all documents in such manner and at such location as may be
required by the Channel and/or STAR India in its sole and absolute discretion.
5. The Company also reserves the
right to change the selection process of the Contestant(s) (in any manner
whatsoever as deemed fit) stated herein and/or in the subsequent Seasons of the
Program, without any prior intimation to the Contestants and/or the public.
6. Contestant(s) must enter the Contest
voluntarily on their own behalf and entry (ies) by proxy will not be accepted.
7.
Company reserves all rights to make amendments to the
existing Terms and Conditions or withdraw, change, alter, amend the mechanism
of selection, participation , process of
elimination, Terms and Conditions, Period and/or Program without giving prior
notice. It shall be the sole responsibility of the Contestant(s) to check the
Terms and Conditions on this Website, from time to time.
8.
Company
reserves the right to cancel and/or postpone the Program/Contest without
assigning any reasons and/or without giving any prior intimation to the Contestant(s).
9.
Company
shall not be responsible and/or liable in any manner whatsoever for any network
problem, breakdown of machinery, unclear network, disruption in the network
and/or the cost of the missed call or
Internet session charged by the telecom/mobile operator etc. Any dispute in
connection to the above shall be settled between the subscribers/ Contestant(s)
and the telecom/mobile operator directly, without involving Company.
10.
Contestant(s)
shall not in any circumstances make any claims against Company , Channel, their
employees, directors and its affiliates arising out of or relating to any and
all costs, injuries, losses or damages of any kind, including, without
limitation due to any technical faults or directly or indirectly, to their
participation or non-participation in the Contest. If the Contestant(s) is
found to be ineligible, or if they have not complied with these Terms and
Conditions, the corresponding entries will be disqualified.
11.
Each
Contestant(s) in consideration of being given opportunity to participate in the
Contest ,agrees that the Contestant(s) shall hold harmless the main sponsor, if
any, the Channel, 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
viewer, in any manner whatsoever in connection with the Contest and/or the
Program and/or any personal information submitted by the Contestant(s) and to
the extent permissible 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.
By
participating in the Contest it is deemed that the Contestant(s) have read
understood, accepted and agree to abide with all the rules and regulations of
voting as set out herein and is unconditionally bound by the terms of use and
privacy rules of the Program as uploaded on the Website of the Company and /or
the Program.
13.
Company
is in no manner whatsoever responsible and/or shall not be held liable in any
manner whatsoever, for any injury, mental trauma caused to the Contestant(s) in
any manner whatsoever or for any reason whatsoever in connection to the Program
and/or any aspect related to Contest/Auditions/selection process . The Contestant(s) shall hold harmless the Channel,
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 Contestant(s), in any manner
whatsoever in connection with the Program and/or any aspect of voting and
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.
14.
Contestant(s)
acknowledges that in case any portion/clause of these Terms and Conditions is
deemed invalid or becomes unenforceable or prohibited by the law of the
country, such portions shall be considered divisible and shall not be part of
the consideration, and the remainder of these Terms and Conditions shall be
valid and binding and of like effect as though such provision was not included
herein.
15.
The Contestant(s)
shall comply with the laws of India.
16. Employees of the Company, of
the Production House, the advertising agency or any other agency or third party
vendor which has been appointed from time to time, and also employees of the
main sponsors and members of their immediate family; persons who are not 5
years; are not citizen of India and/or resident of India as per the Income Tax
Act 1961 (save and except for the contestants from outside India who may be
introduced by the Company at its sole discretion); individuals not conversant
in spoken Hindi; are ineligible to enter the Show. Further, failure to provide
proof or affidavit of eligibility, including the correct date of birth within a
reasonable time upon request by the Company may result in disqualification. The
Company also reserves the right to disqualify a Contestant(s) incase a
discrepancy is found to exist in the information furnished/provided/stated by
the Contestant during the conversation with the Company and in the
information(s) stated in the documents furnished by the Contestant(s).
17. The Contestant(s) agree that they shall make themselves available from time to time and co-operate with the
Channel and/or Company and participate
in any activity and/or campaign and /or events
(“Promotional Activity”) of any nature whatsoever with respect to the
Program/Contest without any money payable to the Contestant(s) . Further, the Contestant(s) shall at no point of time refuse or disagree to participate in any such
Promotional Activity for any reason whatsoever.
18. In case for whatever reason any Contestant
is not agreeable to travel, stay, etc. entirely at his/her own expense, the
Company will regretfully consider the entry of such Contestant(s) as invalid
and the Contestant(s) shall be disqualified.
19. In the event of any fault,
misunderstanding or dispute concerning any part of the Show and/or the selection
process to qualify for the Show, the decision of the Company shall be final and
each Contestant shall be bound by such decision of the Company.
20. Contestant(s) shall not during the Audition/Program make any obscene
gesture(s)/acts, or any defamatory statement of any event or any person alive
or deceased, material, or anything of an advertising nature and will not expose
the Company and/or the Production House to civil and/or criminal proceedings.
21. Contestant(s) shall not grant
or publish any interviews, news articles, or issue any other kind of publicity
and/or personal blog(s) concerning its participation in the Program or the
Auditions herein including but not limited to the Company without Company’s
prior written consent in each instance.
22. Contestant(s) shall not do any
act either directly or indirectly which may bring the Company and/or the
Program into public disrepute or denigrate any of the preceding, or offend any
community or public morals and in all public appearances the Contestant(s)
shall use her/his/its judgment in general demeanor and choice of language to
create an atmosphere which would be conducive to the filming and/or promotion
of the Audition /Program.
23. In case any portion/clause of
these Terms and Conditions is deemed invalid or becomes unenforceable or
prohibited by the law of the country, such portions shall be considered
divisible and shall not be part of the consideration, and the remainder of
these Terms and Conditions shall be valid and binding and of like effect as
though such provision was not included herein.
24. Contestant acknowledges that Contestant’s
representations, warranties, indemnities, grant of rights in the Materials,
dispute mechanism and obligations shall survive the efflux of time and the
termination of these Terms and Conditions.
25. By participating in Level 1 of
the selection process for the Program, it is construed that the Contestant(s)
and parents/guardians of the Contestant(s) below 18 years have agreed to abide
by the Terms and Conditions including these General Rules.
26. If the operation of the Show
(including without limitation the operation of the telephone system); the
recording; broadcast of any/all of the Shows is prevented by an war, industrial
action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable
control of man (“Force Majeure”) which continues for a period
of fifteen (15) days, the Company may at its sole discretion cancel all or any
part of the Show and/or participation of a Contestant(s)/Show
Players forthwith and such decision
shall be final and binding.
27. Notwithstanding a Contestant's participation
in the Show there is no obligation on the part of the Company to broadcast any
Show in which he/she has taken part, or any or all of his / her contribution as
recorded by the Company.
28. The Company reserves all
rights to make amendments to the existing rules without prior or subsequent
notice, and the Contestant/parents of the minor Contestant on behalf of the
Contestant agree that the Contestant shall be bound by such revised rules. The
Company shall not be responsible and/or liable in any manner whatsoever in case
the Contestant(s) are unable to participate in the selection process due to
failure on the part of the telecom operator, facility provider, etc.
29. Contestant(s) specifically
agree, allows, grants and permits the Company or any party authorized by it to
record (audio-video/audio or video) the participation process/performance at
every level of the Auditions, including the Acts at each level, any interaction
of the Contestant with the Company or fellow Contestant or any representative
of the Company, if any, of the Contestant(s) rendered during the Auditions/Show
or the Program or any related series of sound recordings and video recordings
which have been shot during the Auditions/Show or the Program on film, tape or
digital or other electronic media and
includes recording of any personal questions or conversations relating to the
personal lives of the Contestants (“Footage”)
and agree that the Footage may be used by the Company as it deems fit anywhere
in the world at any time now or in the future, including but not limited for
promotion of the Program. For the avoidance of doubt, all rights in the Footage
vests exclusively with the Company worldwide in perpetuity and the Company is
entitled to exploit the same in any
manner it may deem fit. .
30. All rights in the Works, Footage and
footage in Promotional Activity shall remain the exclusive property of Company
for the entire period of their subsistence, in every part of the world. To the
extent, that the intellectual property rights or any rights, title and interest in
the Works, Footage and footage in Promotional Activity do not vest with
Company, by operation of law, the Contestant (s), on an outright basis hereby
irrevocably, exclusively, perpetually and for the entire world assigns and
transfers all rights, title and interest vested in the Works,Footage and
footage in Promotional Activity (“Materials”) including rights in any
Exploitation thereof to Company. To the extent that the assignment of rights,
title and interest in the Materials in relation to future medium or mode of
exploitation of the Materials is not held valid by operation of law,
notwithstanding the assignment of such rights in favor of Company, Contestant(s)
hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to
Company for such future medium or mode of exploitation of the Materials as may
be developed in the future, for the entire world. Notwithstanding the above,
the Contestant(s) hereby agrees that the Contestant(s) ) shall not assign or in
any other manner transfer rights including the intellectual property rights in
the Materials for such means and modes of exploitation of the Materials which
are not mentioned herein and are not presently known or in commercial use and
therefore by operation of law are not deemed to have been assigned to
Company without offering for assignment
such modes or means of exploitation of the rights including intellectual
property rights in the Materials for the entire world and perpetuity to Company
(‘Offer’). The Contestant(s) agrees and acknowledges that any form of
assignment or transfer of any rights, title and interest in any such future
modes and mean of exploitation of the Materials to any third party in breach of
the obligation herein, anywhere in the world shall be null and void. Further,
Company may Exploit the rights including the intellectual property rights at
any time it chooses, and it is expressly agreed by the Parties that Section
19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and
Conditions.
The Contestant (s) waive off their “Moral Rights” with respect to the
Materials. Further, the Contestant (s) further agree and
acknowledge that they shall not be entitled to any share in the revenues
arising from exploitation of the Materials. The Contestant (s) acknowledge that their contribution to the Materials does
not qualify as a ‘performance’ within the meaning of the Indian Copyright Act,
1957.
31. Company shall in no event,
whatsoever, be responsible for any medical or other problems suffered by
Contestant(s) during or in relation to the Program, Auditions. The
Contestant(s) and/or the parent/guardian of the Contestant (below 18 years of
age) acknowledge and understand that the participation in the Audition/Program
is at his/her own risk. The Company shall not be responsible for the
Contestant(s) safety during the Program or the Auditions; neither shall they be
required to obtain any insurance in relation to the same for Contestant(s).
32. Non-conformance by any
Contestant(s) and/or the Show Player to the Terms and Conditions herein will disqualify
them from participation.
33. The Company and/or the channel
is in no manner whatsoever responsible and/or shall not be held liable in any
manner whatsoever, for any physical injury, death, mental and/or emotional
trauma caused to the contestant(s) and/or the Show Player(s) in any manner
whatsoever, in relation to the selection process.
34. The Terms and Conditions shall be construed
in accordance with the laws of India and in case of any dispute or other matter
arising in reference to the Auditions
and/or the Program shall be referred to a sole arbitrator appointed by
Company a and shall be governed by the Arbitration and Conciliation Act, 1996,
amended from time to time. The venue for arbitration shall be Mumbai, in
English language. All the costs, charges and expenses in connection to the
Arbitration shall be solely borne by the Contestant who has raised the dispute.
35.
Subject to the provision of 34 above, the
Courts having jurisdiction under the provisions of the Arbitration and
Conciliation Act, 1996, to determine all matters which the Court is entitled to
determine under the Act, including, without limitation, provision of interim relief’s
under the provisions of Section 9 of the Arbitration and Conciliation Act,
1996, shall exclusively be the courts at Mumbai, India.
36.
The
Contestant(s) shall all times (including all levels of the Contest) including
in all their public appearances have a pleasant demeanour and choice of
language to create an atmosphere which would be conducive to the Contest and
/or Program. Further they will not, directly or indirectly, in any manner
denigrate or do any act denigrating/detrimental to the Company or the Program
or the Channel(s) and /or indulge in any illegal activity or act of violence.