TERMS AND CONDITIONS
The following are the terms and conditions for the viewer engagement activity (‘Poll activity’) for the program “Diya Aur Bati Hum” (‘Program’) telecast on Star Plus which will be held via Short Messaging Service (‘SMS’) for the viewer(s) of the Program (‘Viewer(s)’), the details of which are as stated hereunder.
- The Poll activity shall allow Star TV (‘Channel’) viewers to vote and opine on the predicament faced by the protagonist, Sooraj in the Program. The predicament being, if Sooraj should cook non-vegetarian food or not while participating in a cooking competition in Singapore as part of the Program, as this is against his personal beliefs (‘Subject’).
- Viewer(s) shall be required to vote (‘Voter(s)’) on the Subject i.e. should Sooraj cook non-vegetarian food or not (‘Question’).
- The voting for the Poll activity shall commence on August 8th , 2012 at 21.30 hours Indian Standard Time (‘IST’) and will end on August 11, 2012 (14.00 hours).(‘Voting Period’)
- The Poll activity shall be held on one platform only, by way of sending of SMS by Viewer(s). To participate in the Poll activity and vote via SMS, the Viewer(s) will be required to vote on the Question mentioned in clause 2. The Viewer(s) will be required to send an SMS Sooraj/Suraj Y or N to 57827 during the Voting Period (‘Entry(ies)’). ‘Y’ stands for ‘Yes’ and ‘N’ stands for ‘No’. It is at the discretion of the Viewer(s) to send his/her vote multiple times.
- The cost of the SMS shall be solely borne by the Voter(s). The cost of each SMS shall be charged by the respective telecom/mobile operators at the rates stated below:
|Network Operator ||Cost per SMS|
||Rs. 3 per message |
|Airtel ||Rs. 3 per message |
|Idea ||Rs. 3 per message |
|Reliance ||Rs. 3 per message |
|Reliance GSM ||Rs. 3 per message |
||Rs. 5 per message |
|TATA Indicom ||Rs. 3 per message |
|TATA Docomo ||Rs. 3 per message |
||Rs. 2 per message
||Rs. 3 per message |
- Entry/ies cast after the Voting Period will not be considered and shall be deemed null and void.
- Entry/ies containing anything except ‘Y’ or ‘N’ as suffix shall be deemed null and void.
- STAR India and/or the Channel shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network due to which the Viewer(s) are unable to participate in the Poll activity and/or the cost of the SMS charged by the telecom/mobile operator for each Entry/ies etc. Any dispute in connection to the above shall be settled between the subscriber(s)/Viewer(s)/Voter(s) and the mobile operator directly, without involving STAR India.
- Star India and/or the Channel shall announce the Poll activity result during the airing of the episode of the Program on August 11, 2012.
- By participating in the Poll activity, it is construed that the Voter(s)/ Viewer(s) have read and understood these Principle Rules including the General Rules stated below and have agreed to abide by the same.
- STAR India and/ or Channel shall not be subject to any appeal of any nature whatsoever. Participation in the Poll activity shall be construed that the Viewer(s)/Voter(s) has waived his/her right to dispute any decision(s) made by STAR India.
- By entering the Poll activity, each Viewer/Voter acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Poll activity, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Poll activity (if any). Notwithstanding the foregoing, under no circumstances will STAR India be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
- It is expressly stated that this is simply a Poll activity to enable the Viewer(s)/Voter(s) to project their opinions. Therefore, there shall be no winners declared or prizes distributed for this Poll activity.
- The Voter(s) must be above the age of 18 years, must be a citizen of India and must be residing within the territorial limits of India during the Voting Period of the Poll activity. The Voter(s)/Viewer (s) should not have any criminal conviction or an arrangement or a contract that prevents the Viewer(s)/Voter(s) from participating in the Poll activity.
- STAR India reserves all rights to make amendments to the existing rules and regulations or withdraw the Question, without giving prior notice. It shall be the sole responsibility of the Viewer(s)/Voter(s) to check the rules and regulations on www.starplus.in.
- Non-conformance by the Voter(s) to any and all the rules will make such Voter’s vote/s null and void.
- The Viewer(s)/Voter(s) shall hold harmless and indemnify the sponsor, the Channel, STAR India, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewer(s)/Voter(s), in any manner whatsoever in connection with the Poll activity 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.
- STAR India and/ or Channel 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 Voter/Viewer in any manner whatsoever, in connection to the Poll activity.
- Employees of and/ or consultants of the Channel, STAR India, and the members of their immediate family, are ineligible to vote and be part of the Poll activity.
- By voting it is deemed that the Viewer(s)/Voter(s) have read, understood, accepted and agree to abide with all the rules and regulations of the Poll activity.
- The Viewer(s)/Voter(s) agrees that he/she shall not hold STAR India and/or Channel and/or their employees, responsible for delays or any problem in connection to the Poll activity.
- Viewer(s) voting in the Poll activity hereby acknowledges and agrees that the relationship between STAR India and its affiliated companies and them is not a confidential, fiduciary, or other special relationship.
- By voting, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Poll activity, in any manner whatsoever.
- The outcome of the Poll activity/the decision made by STAR India and/ or Channel regarding the Poll activity shall be final and binding on the Viewer(s)/Voter(s) and in no event shall the Viewer/Voter dispute the decision made by STAR India, Channels and/or its employees in connection to the Poll activity.
- These rules and regulations shall be construed and governed in accordance with the laws of India and any dispute or other matter arising in reference to the Poll activity 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, the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Viewer(s)/Voter(s) who has/have raised the dispute.
Subject to the provision of Clause 13 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