TERMS AND CONDITIONS

 

If you do not agree to be bound or cannot comply with any of the Terms and Conditions stated herein, please do not submit your Story, as defined below.  

 

Your act of submitting the Story (defined below) shall be deemed agreement to the Terms and such other conditions pertaining to it.  The term ‘Terms and Conditions’ shall include all the provisions stated hereinafter, including the rules as applicable for any mode of submission, selection procedure and the general rules. The headings are only for convenience.

 

The terms and conditions for submitting the literary work to Star India Private Limited, based on a true life incident that transpired in the Applicant’s (defined below) life which is original (“Story”) are stated hereunder:

 

Rules for uploading the Story Online:

 

1.                  On and from August 5, 2012 (06:00 hrs) to October 26, 2012 at 12 midnight hours India Standard Time (“Period”), persons interested in submitting their original Story (“Applicant”) with STAR India Private Limited (“Company”) may submit the Story by uploading it on the website located on the domain name www.starplus.in (“Website”).

 

2.                  In order to upload the Story, the Applicant shall be required to fill in the online form available on the Website. It shall be mandatory for the Applicant to provide proper and accurate responses to all questions in the form and provide complete information pertaining himself/herself which has been asked for including but not limited to the mobile number of the Applicant. Failure to complete the form, provision of the mobile number or to provide proper and accurate responses to the questions in the form shall invalidate the submission made by the Applicant.

 

3.                  On uploading the Story, the submission process shall be complete upon the Applicant clicking on the “check box” signifying his/her acceptance and agreement to be bound to the “Terms and Conditions,” “Terms of Use” and Privacy Policy” as stated on the Website. In the event that the Applicant fails to accept and confirm the “Terms and Conditions” “Terms of Use” and/or the “Privacy Policy” as stated in the foregoing sentence, the Applicant’s submission process shall be deemed to be incomplete and shall be invalidated.

 

4.                  By submitting the Story on the Website, the Applicant in consideration of Company agreeing to review, analyze and invest Company’s time, effort and resources in the Story including conducing accompanying research, the Applicant hereby irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Story to the Company including but not limited to the right to make any adaptation, rights in any form of Exploitation etc. For the sake of clarity, the Applicant acknowledges that the Company shall by virtue of being the assignee of all rights, title and interest in the Story shall have the right to use the same as it deems fit including by incorporation thereof in any program including but not limited to Lakhon Mein Ek. Applicant agrees that the provisions of Section 19(4) of the Indian Copyright Act, 1957 shall not apply to the assignment under this Terms and Conditions. Applicant hereby waives any form of moral rights subsisting in his/her favor on account of being the author of the Story. For the purpose of these Terms and Conditions, the term ‘Exploitation’ shall mean the utilization of the Story or any right, title and interest in the Story, in any form including by incorporation of the Story in a cinematographic film or as may be decided by Company in its sole discretion and shall include, in relation to the Story, the 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, remakes, sequels, prequels, versions, translations, including but not limited to the broadcasting thereof by radio, internet, mobile 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), interactive services, computing & 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. To the extent that the assignment of any rights, title and interest in the Story in relation to future medium or mode of exploitation of Story is not held valid by operation of law, notwithstanding the assignment of such rights in favor of the Company , the Applicant hereby also grants an irrevocable, exclusive, sub-licensable, perpetual license to the Company for such future medium or mode of exploitation as may be developed in the future, for the entire world, in consideration of the Company agreeing to analyze and review the Story, receipt and sufficiency of which is hereby acknowledged by the Applicant. Notwithstanding the above, the Applicant hereby agrees that the Applicant shall not assign or in any other manner transfer any rights in the Story for such forms of exploitation of the Story, 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 the Company and undertake to offer for assignment of such forms of exploitation of Story for the entire world and perpetuity to the Company (‘Offer’). Applicant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any form of exploitation of the Story, as contemplated hereinabove as part of the Offer to any third party in breach of the Applicant’s obligation herein, shall be null and void. Without prejudice, to the assignment of all rights, title and interest in the Story in favor of the Company perpetually and for the entire world, the Company agrees to provide such release forms as may be deemed necessary for the purpose of use of the Story by the Applicant, at the request of the Applicant, without any fee, after the completion of period of two years from the date of the present assignment of the Story in favor of the Company (‘Relevant Term’), provided that the Company has not utilized the Story or initiated any effort to utilize the Story in any form or manner during the Relevant Term. For the sake of clarity, the agreement to provide the release in favor of the Applicant after the Relevant Term shall apply only if the Company has not proceeded to utilize the Story in the Relevant Term. It is agreed that the Applicant and the Company shall execute such documents including deed of assignments as may be deemed necessary to give effect to the provisions of these Terms and Conditions. 

 

5.                  The Company shall not be responsible for any technical disruption, failure of server/server problems and/ or any other difficulties of any nature, due to which the Applicant is unable to upload the Story on the Website.

 

6.                  The Company reserves the sole right and discretion to select or reject an Applicant based on the online form and/or the Story submitted. The Company will contact the selected Applicant on his/her mobile number, provided by the Applicant in the online form. It is stated that the means by which the Company shall contact the Applicant shall be at the sole discretion of Company.

 

7.                  The Company will make two (2) attempts to contact the Applicant on the mobile number provided to it, the failure to reach the Applicant will invalidate the entry made by the Applicant  and as a result of which, the Applicant loses his/ her chance to become a selected Applicant.

 

8.                  Applicants may submit their Story via another person known to them or another person may submit the Story on behalf of the Applicant through the Website. However, for the sake of clarity it is agreed and understood that only the Applicant shall be entitled to the credits of the Story and shall be entitled to any other benefits including the Prize that may accrue from use/selection of the Story by the Company. 

 

9.                  By choosing to post the Story, the Applicant/ or person who is submitting the Story on behalf of the Applicant, confirms that the Story is original and true to the Applicant and that the Applicant has not been inspired by any drama, novel, movie, folktale etc.

 

10.              Company, at its sole discretion, may reject any Applicant based on the Applicant’s online form and/or the Story. The Company shall not be liable to provide any reason or justification for rejecting the Applicant.

 

Rules for submitting Story via postal route:

 

1.                  On and from August 5, 2012 (06.00 hours) to October 26, 2012 at 12 midnight hours India Standard Time (“Period”), persons interested in registering their original Story (“Applicant”) with STAR India Private Limited (“Company”) shall dispatch the Story by sending it to PO Box No. 7407, J. B. Nagar Post Office, Andheri (E), Mumbai – 400 059, along with their full name, complete postal address and mobile number. All costs and expenses in relation to such dispatch shall be borne by the Applicant. For the avoidance of doubt, it is stated that a Story shall be deemed to have been submitted by the Applicant within the Period only once the application is received by the Company. In the event that the Company receives the Applicant’s Story beyond the Period, the application shall be considered to be invalid. Further, the Company shall not be responsible or liable for any delay or other eventuality that results in the Story being received by the Company beyond the Period stated above.

 

2.                  Along with the Story, the Applicant shall send all the  mandatory information(name, mobile number and complete postal address) required by the Company as notified in the call-for-entry advertisement for submission of the Story.  

 

3.                  All  information required should be complete, proper and accurate. Failure to provide complete, proper and accurate mandatory information shall invalidate the submission of the Applicant and the Company shall have the right to reject the submission made by the Applicant.

 

4.                  The Story submitted by the Applicant shall be written in a legible manner in Hindi or English language. In the event that the Company, in its sole discretion, finds the Story to be illegible, the Story shall be rejected and the Applicant’s submission shall be invalidated.

 

5.                  The Company reserves the sole right and discretion to select or reject an Applicant. Where the Company, at its sole discretion, rejects any Applicant, the Company shall not be liable to provide any reason or justification for rejecting the said Applicant. In case the Company rejects a particular Story submitted by the Applicant, the Company shall call the Applicant on his/her mobile number and inform the Applicant that their Story has been rejected. In case the Story is selected the Company shall make two (2) attempts to call the Applicant, the failure to reach the Applicant will invalidate the entry made by the Applicant.

 

6.                  Applicants may submit their Story via another person known to them or another person  may submit the Story on behalf of the Applicant through post. However, for the sake of clarity it is agreed and understood that only the Applicant shall be entitled to the credits of the Story and shall be entitled to any other benefits that may accrue from use of the Story by the Company.

 

7.                  By choosing to post the Story, the Applicant / or person who is submitting the Story on behalf of the Applicant confirms that the Story is original to the Applicant and that the Applicant has not been inspired by any drama, novel, movie, folktale etc.

 

8.                  The Applicant by choosing to submit the Story via the postal route acknowledges that he/ she has read, understood, agreed to and accepted to be bound by the Terms and Condition as stated herein.

 

9.                  By submitting the Story by post, the Applicant in consideration of Company agreeing to review, analyze and invest Company’s time, effort and resources in the Story including conducing accompanying research, hereby agrees to irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Story to the Company including but not limited to the right to make any adaptation, rights in any form of Exploitation etc. For the sake of clarity, the Applicant acknowledges that the Company shall by virtue of being the assignee of all rights, title and interest in the Story shall have the right to use the same as it deems fit including by incorporation thereof in any program including but not limited to Lakhon Mein Ek. Applicant agrees that the provisions of Section 19(4) of the Indian Copyright Act, 1957 shall not apply to the proposed assignment under this Terms and Conditions. Applicant hereby agrees to waive any form of moral rights subsisting in his/her favor on account of being the author of the Story. For the purpose of these Terms and Conditions, the term ‘Exploitation’ shall mean the utilization of the Story or any right, title and interest in the Story, in any form including by incorporation of the Story in a cinematographic film or as may be decided by Company in its sole discretion and shall include, in relation to the Story, the 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, remakes, sequels, prequels, versions, translations, including but not limited to the broadcasting thereof by radio, internet, mobile 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), interactive services, computing & 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. To the extent that the assignment of any rights, title and interest in the Story in relation to future medium or mode of exploitation of Story is not held valid by operation of law, notwithstanding the agreements of assignment of such rights in favor of the Company , the Applicant hereby agrees to also grant an irrevocable, exclusive, sub-licensable, perpetual license to the Company for such future medium or mode of exploitation as may be developed in the future, for the entire world, in consideration of the Company agreeing to analyze and review the Story, receipt and sufficiency of which is hereby acknowledged by the Applicant. Notwithstanding the above, the Applicant hereby agrees that the Applicant shall not assign or in any other manner transfer any rights in the Story for such forms of exploitation of the Story, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law shall not deemed to have been assigned to the Company through the proposed assignment and undertakes to offer for assignment of such forms of exploitation of Story for the entire world and perpetuity to the Company (‘Offer’). Applicant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any form of exploitation of the Story, as contemplated hereinabove as part of the Offer to any third party in breach of the Applicant’s obligation herein, shall be null and void. Without prejudice, to the agreement of assignment of all rights, title and interest in the Story in favor of the Company perpetually and for the entire world, the Company agrees to provide such release forms as may be deemed necessary for the purpose of use of the Story by the Applicant, at the request of the Applicant, without any fee, after the completion of period of two years from the date of the proposed assignment of the Story in favor of the Company (‘Relevant Term’), provided that the Company has not utilized the Story or initiated any effort to utilize the Story in any form or manner during the Relevant Term. For the sake of clarity, the agreement to provide the release in favor of the Applicant after the Relevant Term shall apply only if the Company has not proceeded to utilize the Story in the Relevant Term. It is agreed that the Applicant and the Company shall execute such documents including deed of assignments as may be deemed necessary to give effect to the provisions of these Terms and Conditions. 

 

Rules for uploading the Story via mobile IVR:

 

1.         On and from August 5, 2012 (6.00 hours) to October 26, 2012 at 12 midnight hours India Standard Time (“Period”), persons interested in submitting their original Story (“Applicant”) with STAR India Private Limited (“Company”) shall be able to submit the Story by calling on the IVR number. The registered mobile users of STAR Plus shall call on 5057827; and users not registered with STAR Plus shall call on the browsing number 50578717.  

 

2.         The Applicant shall provide all the necessary information (for eg., name, gender, mobile number & postal address) as required by the Company for submission of the Story and then start recording the Story. The Story narration should not go beyond three (3) minutes and should be done either in Hindi or English language only. It shall be mandatory for the Applicant to provide proper and accurate answers to all queries by IVR, failure to which shall invalidate the submission made by the Applicant.

 

3.         The submission of personal information shall not be considered as a part of the three (3) minutes allotted for the Story narration/recording. The Applicant shall thereafter receive a call within three (3) days from a representative of the Company to verify the information including but not limited personal details of the Applicant such as name, age, city, address, email id, mobile number. Please note that the submission process shall be considered to be completed only when the Applicant has been contacted by the abovementioned representative to verify/procure the personal information of the Applicant.  The representative of the Program shall make two (2) attempts to contact the Applicant on his/her mobile number. The failure to reach the Applicant will invalidate the entry made by the Applicant.

 

4.         In the event the Applicant is not satisfied with the presentation or narration of the Story, he/ she may make as many calls to the same number and narrate the Story, however, only one version of the Story shall be chosen, which shall be at the sole discretion of the Company.  

 

5.         The Company shall not be responsible for any technical disruption and/or failure/ signal problems and/ or any other difficulties of such nature, due to which the Applicant is unable to record the Story properly or which may lead to non clear voice recording.

 

6.         The Company reserves the sole right and discretion to select or reject an Applicant based on the information received on the call and/or the Story submitted. The Company will contact the selected Applicant on the mobile number , submitted by the Applicant over the call made by the Applicant.

 

7.         Applicants may submit their Story via another person known to them or another person may submit the Story on behalf of the Applicant through IVR. However, for the sake of clarity it is agreed and understood that only the Applicant shall be entitled to the credits of the Story and shall be entitled to any other benefits including the Prize that may accrue from use of the Story by the Company.

 

8.         By choosing to narrate the Story, the Applicant / or person who is submitting the Story on behalf of the Applicant confirms that the Story is original to the Applicant and that the Applicant has not been inspired by any drama, novel, movie, folktale etc.

 

9.         The Company shall not be responsible if the Applicant is not available, reachable and/or does not answer his/her mobile number and as a result of which, the Applicant loses his/ her chance to become a selected Applicant.

 

10.              The Company, at its sole discretion, may reject any Story, and the Company shall not be liable to provide any reason or justification for rejecting the Story.

 

11.              By submitting the Story by mobile IVR,  the Applicant in consideration of Company agreeing to review, analyze and invest Company’s time, effort and resources in the Story including conducing accompanying research, hereby agrees to irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Story to the Company including but not limited to the right to make any adaptation, rights in any form of Exploitation etc. For the sake of clarity, the Applicant acknowledges that the Company shall by virtue of being the assignee of all rights, title and interest in the Story shall have the right to use the same as it deems fit including by incorporation thereof in any program including but not limited to Lakhon Mein Ek. Applicant agrees that the provisions of Section 19(4) of the Indian Copyright Act, 1957 shall not apply to the proposed assignment under this Terms and Conditions. Applicant hereby agrees to waive any form of moral rights subsisting in his/her favor on account of being the author of the Story. For the purpose of these Terms and Conditions, the term ‘Exploitation’ shall mean the utilization of the Story or any right, title and interest in the Story, in any form including by incorporation of the Story in a cinematographic film or as may be decided by Company in its sole discretion and shall include, in relation to the Story, the 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, remakes, sequels, prequels, versions, translations, including but not limited to the broadcasting thereof by radio, internet, mobile 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), interactive services, computing & 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. To the extent that the assignment of any rights, title and interest in the Story in relation to future medium or mode of exploitation of Story is not held valid by operation of law, notwithstanding the agreements of assignment of such rights in favor of the Company , the Applicant hereby agrees to also grant an irrevocable, exclusive, sub-licensable, perpetual license to the Company for such future medium or mode of exploitation as may be developed in the future, for the entire world, in consideration of the Company agreeing to analyze and review the Story, receipt and sufficiency of which is hereby acknowledged by the Applicant. Notwithstanding the above, the Applicant hereby agrees that the Applicant shall not assign or in any other manner transfer any rights in the Story for such forms of exploitation of the Story, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law shall not deemed to have been assigned to the Company through the proposed assignment and undertakes to offer for assignment of such forms of exploitation of Story for the entire world and perpetuity to the Company (‘Offer’). Applicant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any form of exploitation of the Story, as contemplated hereinabove as part of the Offer to any third party in breach of the Applicant’s obligation herein, shall be null and void. Without prejudice, to the agreement of assignment of all rights, title and interest in the Story in favor of the Company perpetually and for the entire world, the Company agrees to provide such release forms as may be deemed necessary for the purpose of use of the Story by the Applicant, at the request of the Applicant, without any fee, after the completion of period of two years from the date of the proposed assignment of the Story in favor of the Company (‘Relevant Term’), provided that the Company has not utilized the Story or initiated any effort to utilize the Story in any form or manner during the Relevant Term. For the sake of clarity, the agreement to provide the release in favor of the Applicant after the Relevant Term shall apply only if the Company has not proceeded to utilize the Story in the Relevant Term. It is agreed that the Applicant and the Company shall execute such documents including deed of assignments as may be deemed necessary to give effect to the provisions of these Terms and Conditions.

 

12.          An Applicant submitting a Story via mobile IVR will be charged on the following rates:

a)      Vodafone, Airtel, Tata DMA, Docomo and Reliance users - - Rs 6 per minute.

b)      Idea users- -Rs 6.99 per minute.

c)      BSNL Mobile users- Rs 5 per minute.

d)     BSNL Landline users- Rs 2.40 per minute.

e)       Aircel users- Rs 2 per minute.

Selection Process for the Story:

 

1.            On receipt of the Story by STAR India Pvt. Ltd. (“Company”), all Applicants that have provided a mobile number shall be notified via telephone call to the number provided by the Applicant. Where an Applicant has not provided any mobile number, the Applicant will not be contacted by the Company at any stage of the selection process.

 

2.         Post receipt of the Story by the Company, in the event that any of the mandatory particulars/ personal details as required by the Company are absent, or other requirements in respect of the Story, like length of the Story, illegible writing etc. or any other condition as stated in these Terms and Conditions or any condition that the Company may decide at its sole discretion, is absent, the Story shall be rejected. Where a Story is rejected, an SMS shall be sent on behalf of the Company to all Applicants who have provided a mobile number informing them of the rejection of his/her Story.  

 

3.         Where a Story clears all mandatory and other technical requirements, the same shall be considered by a panel from the Company who shall either shortlist the Story for selection or reject it at its sole discretion. In case of a rejection, Applicants who have provided a mobile number shall be informed via a telephone call of the rejection. In the event that a Story is shortlisted for selection, Applicants who have provided a mobile number shall be informed via a telephone call that their Story is shortlisted for selection.

 

4.         A Story that is shortlisted for selection shall be further screened by a panel from the Company and the shortlisted Applicant will be contacted to undergo additional rounds of selection process which will consist of interactive sessions, interviews, verification of the Story by the Company with third parties, and such other rounds of screening as deemed fit by the Company. For the sake of clarity, at the stage of Company contacting the shortlisted Applicants, the Applicants may be required to execute such documents as may be deemed necessary by the Company. The failure to execute such documents shall result in disqualification of the Applicant’s Story. Subject to the above, and the Broad Criteria (detailed in the clause below) and upon the Applicant executing the relevant documentation with the Company, the final selected stories shall be listed on the Website and the Applicant whose Story has been selected shall be intimated of the selection through a telephone call by the Company.

 

5.         The broad criteria for selection of the Story has been detailed below, for the sake of clarity, this is not an exhaustive list:

 

(a)   Where something was done by an Applicant for the betterment of the society and was a unique attempt of the Applicant which faced a lot of resistance from the society.

 

(b)    Stories where the protagonist's dynamic stance led to a positive change in the society, one's own household or in one's own self.

 

(c) Stories which have caused a constructive twist in traditions and customs.

 

(c)    Role reversals reflecting societal change.

 

(e) The story has to be unique. The premise of story cannot be similar to an already approved story.

 

(f) Where the protagonist in absence of adequate means tried to bring positive change in their interpersonal equations or society.

 

6.         Once the Applicant whose Story is finally selected and has fulfilled all the criteria set out by the Company in these Terms and Conditions and such further criteria as may be indicated by the Company to the Applicant, the Applicant shall be entitled to the prize money of Rs. 1, 00,000/- (Rupees One Lakh only) (“Prize Money”), Any and all taxes and/or levies applicable under the laws of India in respect of such Prize Money shall be borne by the Applicant. A copy of the receipt (challan) confirming the payment of such taxes, charges, license fees and/or levies thereto shall be furnished by the Applicant to the Company and the Company shall in no manner whatsoever, be responsible or liable for the same. Further, the Prize Money shall be subject to deduction at source of any and all applicable taxes.

 

7.            For the sake of clarity, all rights, title and interest in Stories which are shortlisted shall vest with the Company. For further clarity, Stories which are shortlisted pursuant to their submission through any means, but do not form part of the final selected list, may be utilized by the Company at a later point in time, at its sole discretion. If the Company uses any such shortlisted Story as part of a cinematographic film, the Applicant whose Story is used shall be intimated of the same and shall receive a sum of Rs. 1, 00, 000/- (rupees one lakh only) (“Fee”) for the purpose of use of the Story as a cinematographic film.  Any and all taxes and/or levies applicable under the laws of India in respect of such Fee shall be borne by the Applicant. A copy of the receipt (challan) confirming the payment of such taxes, charges, license fees and/or levies thereto shall be furnished by the Applicant to the Company and the Company shall in no manner whatsoever, be responsible or liable for the same.  Further, the Fee shall be subject to deduction at source of any and all applicable taxes.

 

8.                  It is expressly mentioned herein that ALL rights in any form of intellectual property including rights in copyright in and to the Story (with respect to point 6 and 7 hereinabove) shall vest with the Company, worldwide and in perpetuity, subject to the terms and conditions as set out herein.

 

9.                  It is stated that the means by which the Company shall contact the Applicant who’s Story has been selected in the final list, shall be at the sole discretion of Company.  Where an Applicant is intimated via a telephone call, in the event that the Applicant is unreachable on the telephone number provided by the Company, the Company shall make two (2) attempts in total, to reach the Applicant, over a period of two (2) consecutive days. In case the Applicant is unavailable on all two (2) days, the selection of the Applicant shall be invalidated and the Applicant’s Story shall be removed from the list of final selected stories. Where an Applicant is intimated via an SMS, the SMS shall have instructions on the further process required to be adhered to by the Applicant. In the event that the Applicant fails to adhere to the instructions, the Applicant’s selection shall be invalidated and the Applicant’s Story shall be removed from the list of final selected stories. In case of invalidation of the selection of the Applicant, the Company shall not make any further attempt to contact the Applicant and further the Company shall not be liable to the Applicant in any manner whatsoever.

 

10.              Further, 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 Applicant is un-reachable via call or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which the Applicant is unable to contact the Company to finalise the selection process.

 

General Rules

 

1.                  The Applicant shall ensure that the Story submitted by the Applicant by post or on the Website shall not exceed one thousand (1000) words and shall be in either English or Hindi language. Any Story that does not meet with these criteria will be rejected.

 

2.                  The Applicant  needs to submit the Story during the Period only. Any Story submitted after expiry of the Period shall not be considered by the Company and shall be null and void. For the sake of clarity, the selection procedure employed by the Company for the purpose of screening the Stories shall be a continuous process and shall not end on October 26, 2012 at 12 midnight hours.   

 

3.                  The Applicant shall ensure that the Story is original to the Applicant and that the same does not infringe  the intellectual property of any third party. The Applicant shall indemnify the Company, its officials, employees, representatives against any claim, loss, damages and liability arising as a result of use of the Story including infringement of any third party rights including rights in any intellectual property.

 

4.                  Where the Applicant’s story has been accepted, and for all Stories submitted on the Website, the Applicant agrees to waive any so called “moral rights” and all analogous rights which may now exist or be hereafter recognized with regard to the Story.

 

5.                  Rejection of the Story by the Company shall not prevent the Company from creating, commissioning and broadcasting content which is based on/ similar to the concept /Story, where in the judgment of the Company, such concept/ Story is not original.  

 

6.                  Once the Story has been submitted, the Applicant cannot at any stage of the selection process or thereafter, withdraw the Story for any reason whatsoever.

 

7.                  By agreeing to these Terms and Conditions, the Applicant has waived his/her right to raise any dispute with regard to the selection process.

 

8.                  In addition to the above, the Applicant shall fully comply with the terms and conditions as set out herein.

 

9.                  The Applicant should be a citizen of India, residing in India and above 18 years of age. Documentation to validate the foregoing is mandatory and Applicant shall provide the same to the Company as and when requested for, by the Company. For clarity and avoidance of doubt, proof of age shall be validated by the following documentation: Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/or an affidavit signed by a magistrate.

 

10.              The Applicant should not have any criminal conviction or an arrangement or other contract that prevents the Applicant from submission of the Story.

 

11.              The Applicant agrees to do any and all acts and execute any and all documents in such manner and at such locations as may be required by the Company in the Company’s sole and absolute discretion.

 

12.              The Company reserves all rights to make amendments to the existing rules without prior or subsequent notice, and the Applicant agrees that the Applicant shall be bound by such revised rules.

 

13.              Non-conformation by any Applicant of the rules will immediately disqualify the Applicant.

 

14.              The Company shall be entitled to invalidate the submission of an Applicant in the event of any fraud, dishonesty or any non-entitlement for submission of Application under these rules and regulations.

 

15.              Employees of the Company, and the members of their immediate family, persons with criminal convictions, or persons other than citizens of India, are ineligible to participate.

 

16.              If an Applicant’s Story is selected, the Applicant agrees that he/she shall make himself/herself available, if required by the Company, and co-operate with the Company and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the such Applicant. The Applicant shall not at any point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Applicant agrees that footage, if any, of any nature with regard to the Applicant shall vest with the Company, including but not limited to all rights in any form of intellectual property rights and any other rights for worldwide and in perpetuity.  

 

17.              Submission of the Story by the Applicant shall mean that the Applicant has read, understood, accepted and agrees to abide by and be bound by all the rules including the terms and conditions herein.

 

18.              The Applicant shall comply with the laws of India.

 

19.              The provisions of these rules and regulations and all terms and conditions stated herein shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Story or other matter pertaining to this Agreement shall be referred to a sole arbitrator appointed by the Company 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. The decision of the sole arbitrator in this regard shall be final and binding on the aggrieved Applicant. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Applicant who has raised the dispute.

 

20.              Subject to the provision of Clause 19 (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 reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.