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"DIL KI BAAT CONTEST" ("Contest") will be held by STAR Plus ("Channel") as stated hereunder: 1. The Contest shall commence from August 14, 2010 at 21:00:00 hours Indian Standard Time ("IST") and end on August 29, 2010 at 23:59:59 hours IST ("Contest Period") on the Channel. 2. The Contest shall relate to the program titled "Amul Chhote Ustaad" ("Program") which will be telecast on the Channel every Saturday and Sunday at 21:00:00 hours IST starting from August 14, 2010. STAR India Private Limited ("STAR India") and/or the Channel reserves the rights to change the schedule of the Program without any prior notice to the viewer(s)/participant(s). It shall be the sole responsibility for the participant(s) to check the schedule of the Program. 4. The Participants will have to send in their answers within the timeline mentioned above. Any entries received beyond the specified timelines will be null and void. 5. The Channel shall during the Period, display Aston Bands for 20-25 seconds at regular intervals inviting viewers to participate in the Contest by sending a message to 57827. The aston band will state the mechanism (manner) in which the viewers can participate in the Contest. The information pertaining to the Contest will also be available for the contestant(s) on www.starplus.in. It is not necessary that the aston informing the public of the Contest shall contain all the rules and regulations of the Contest. The participants(s) must log on to www.starplus.in to review the rules and regulations of the Contest, read the rules and regulations of the Contest and then participate in the Contest. 6 By participating in the Contest, it shall be construed by STAR India and/or the Channel that contestant(s) has prior to participating in the Contest, read and understood all the rules and regulations of the Contest on www.starplus.in and has agreed to abide to the same. 7 The participant(s) who is interested in participating and qualifying for the Contest can send the entry with the correct answers in any of the following manner: 7.1 By sending an SMS to 57827- The SMS should contain the keyword "CU" followed by 9. All entries should be sent any time during the timeline stated in rule no. 3. Answers sent after the timeline stated in this rules & regulations shall not be considered and shall be null and void. 10. To send SMS, the participant(s) must be a subscriber of any of following networks: Vodafone, Airtel, BPL, Idea, Reliance Communications, Spice, Aircel, Reliance Telecom, Tata Indicom, BSNL, MTNL Mumbai. 10.1. The cost charged to the Participant(s) by the respective network provider(s) shall be as follows:
BSNL west covers Maharashtra, Gujarat, Chattisgarh, Madhya Pradesh and Goa 11. Neither STAR India nor the Channel shall be responsible in case of any network problems such as breakdown of machinery, unclear network, disruption in the network and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the contestant(s) and the network operator without involving STAR India or the Channel. 12. In case of telecom and/or network failure and/or for any reasons whatsoever, STAR India reserves the right to change the entry system/mechanism and/or cease accepting entries of the viewer(s) during the Period or take such necessary steps as it may deem fit in its sole and absolute discretion. 13. All the entries should state all the required information with the message for their favourite Jodi which have been asked from them. 14. STAR India and or the Channel shall select the one (1) winner for each episode of the Program during the Contest Period, who according to STAR India and or the Channel has sent the most creative message ("Winner(s)") who will win one (1) MP3 player for each episode, for a total of six (6) episodes during the Contest Period ("Prize(s)"). 15. STAR India and/or the Channel shall have the sole right to decide the Winner(s) of the Contest. The Winner(s) shall be informed/contacted by the Channel also be displayed on the website www.starplus.in In the event the Winner not being reachable for any reason whatsoever, Star India and/or the Channel shall have the right to select an alternative Winner. 16. The decision of STAR India and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by STAR India and/or the Channel. 17. Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winner(s) in relation to the Prize(s). 18. The Winner(s) will be informed/contacted by STAR India and/or the Channel within fifteen (15) days from the end of Period via SMS or email and will be asked to provide their mailing address. 19. Upon receiving the mailing address, the Prize will be dispatched to such mailing address within 45 days from the date of receipt of such mailing address. 20. After dispatch of the Prize, during transit, if any loss/damage etc. is caused/incurred, STAR INDIA and /or the Channel will not be liable for any such loss/damage etc. 21. Neither STAR India nor its employees have given a guarantee and/or warranty etc. in connection to the brand, quality, etc. in relation to the Prize(s). Neither STAR India nor the Channel nor its employees shall be responsible for any reason whatsoever in connection thereto. 22. By participating in the Contest(s), it shall be construed that the Winner(s) has waived his/her right to raise any dispute with regard to the Contest and/or in any manner whatsoever in connection to the Prize. General Rules 1. The Participants should be citizens of India and above 18 years of age to qualify for the Contest. 2. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. 3. The Participants in whose name the mobile number (from which the message is sent) is registered with a network operator shall be construed to have sent the SMS. Consequently, the Winner(s) whose name the mobile number (from which the message is sent) is registered with a network operator shall be entitled to the Prize. 4. The Winner(s) must submit with STAR India and/or the Channel a copy of the last two bills issued by the network operator as a proof that the mobile number is registered in the name of the Winner(s) and a copy of the PAN card or such other documents that could be furnished as proof that the mobile number is registered in the Winner(s) name and as a proof of Winner(s) identity. The Winner(s) shall submit any other document(s) as may be required by STAR India and/or the Channel. 5. Proof of age is a must for the contestant and must be submitted to the Channel/ STAR India (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate). 6. STAR India and/or the Channel reserves all rights to make amendments to the existing rules without prior notice or withdraw the Contest without giving prior notice in connection thereto. 7. Non-conformance by any contestant and/or the Winner(s) of the rules of the Contest will disqualify them from participation or winnings, immediately, as the case may be. 8. The Winner(s) of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with the Channel and/or STAR India and participate in any activity and/or campaign ("Promotional Activity") of any nature whatsoever without any money payable to the Winner(s). Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) agrees that the footage of any nature with regard to the Winner(s) shall vest with STAR India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity. 9. By participating in the Contest, it shall be construed that the contestant(s) have assigned all rights in and to the messages sent by the contestant(s) to STAR India and/or the Channel and STAR India and/or the Channel shall have the sole right to decide the manner in which the message(s) shall be used and in the manner in which it shall be used. The intellectual property rights in and to the message(s) sent by the contestant(s) shall vest in entirely in favour of STAR India, world-wide and in perpetuity, in any and all media, by and/or any medium, technology whatsoever without any money payable to me. 10. The contestant(s) cannot exchange the Prize for an item or cash equivalent. If the Winner(s) refuses to accept the Prize awarded, the Channel and/or STAR India shall be released from all obligations towards the Winner(s) in connection to the Prize won by the Winner(s). Further, after forfeiting the Prize, STAR India and/or the Channel shall be entitled to randomly select and declare another Winner(s), as it deems fit, and award the Prize, to that Winner(s). 11. By participating in the Contest, it shall be deemed to be construed that the contestant(s)/Winner(s) has waived his/her right to raise a dispute in connection to the Prize so awarded to the contestant(s) upon winning the Contest. 12. By participating in the contest, it shall be construed that the contestant(s) has agreed that the contestant(s) shall hold harmless the Channel, STAR India, its employees, officers or any other person in relation to any injury/damage/harm/loss suffered by the contestant(s), in any manner, whatsoever in connection with the Contest and that the contestant(s) has waived all rights to file in person or through any family member or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Channel and/or STAR India to claim any damages or reliefs. 13. By participating in the Contest, it shall be construed that the Winner(s) of the Contest has agreed that the Winner(s) shall, at all times, hold harmless the Channel, STAR India, its employees, officers or any other person in relation to any injury/damage/harm/loss suffered by him/her in any manner, whatsoever, in connection with the Prize and that the Winner(s) shall also not file in person and/or through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India the Channel and/or STAR India to claim any damages or reliefs or otherwise. 14. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of the Channel and/or STAR India, the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, the Channel and/or STAR India cannot be held responsible for the same. 15. The Channel and/or STAR India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Winner(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize. 16. Employees of STAR India, and the members of their immediate family or persons with criminal convictions, persons other than citizens of India, are ineligible to enter the Contest. 17. Participation of the contestant(s) in the Contest shall be construed that the contestant has waived his/her right to dispute any decision(s) made by STAR India and/or the Channel in connection to the Contest and that the contestant(s) agrees to all the decision(s) made by STAR India and/or the Channel that all the decision shall be final and binding upon him. 18. STAR India and/or the Channel reserve the right to forfeit the Prize in the event it is found by STAR India and/or the Channel that any information provided by the contestant(s) or the Winner(s) is wrong or any misrepresentation is made by the contestant(s) or the Winner(s). STAR India or the Channel shall have the right to declare another contestant(s) as the Winner(s) of the Contest and transfer the Prize to that person. 19. All contestant(s), the Winner(s), 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 Channel and/or STAR India in its sole discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR India and/or the Channel herein. 20. The participation of the contestant(s) in the Contest shall mean that the contestant(s) has read, understood, accepted and agrees to abide with all the rules including the general rules of the Contest. 21. The terms of this rules and regulations shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Contest shall be referred to a sole arbitrator appointed by STAR India 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(s) who has raised the dispute. 22. Subject to the provision of Clause 21, 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. | ||||||||||||||||||||||||