The promoter of this contest is Win TV Pvt. Ltd., whose registered office is at “67/69. Hazrat Abbas (a.s.) Street, Dongri, Mumbai 400 009. By means of these terms and condition set forth herein (“Terms and Conditions”), the Company is conducting a promotional activity by providing an opportunity for the interested participants to submit their entries and win the Gratification (as defined hereunder) (“Activity”) to be held on the Application’s Facebook platforms (“Entry Platforms”) By submitting your Entry (as defined hereunder) through the Entry platform on terms more particularly described herein below, you agree to be unconditionally bound by the Terms and Conditions as provided herein below
I. PROCEDURE FOR PARTICIPATION AND SELECTION
1. In order to participate in the Activity, each interested participant(“Participant(s)”) shall be required to submit his/ her entry by following the below mechanism (“Entry”):
2. Entry shall be accepted from 1:00 PM on September 12, 2018 to 7:00 PM on October 11, 2018 (“Activity Period”).
3. The participant will need to correctly answer the question on the particular platform, Like and upload pic in order to qualify.
4. The Company shall promote this Activity through the medium of digital media/ online and any other manner as shall deem fit by the Company, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Activity.
5. It is further clarified that the details of the Entry may be publicized on the Application and/or any other platform/medium other than the Entry Platforms.
6. For purposes of the Activity, “receipt” of the Entry occurs only when the Entry Platform’s page/ server records the Entry information upon the Participant clicking “Upload/Share/Load/Tweet/Send” button. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt.
7. For the purposes of the Activity a complete and valid Entry will constitute of logging onto the Entry Platform, uploading the Entry tagging the Application’s official Entry Platform handle as mentioned above and submitting the Entry ending with the Activity Hash Tag by posting the Entry. If the Participant(s) fails to make the Entry in the manner as stated hereinabove and /or has violated any guidelines published by the Entry Platforms then his/her Entry shall be considered incomplete and the Participant(s) shall not be eligible for the Gratification. For avoidance of doubt it is hereby clarified that by submitting the Entry the Participant(s) is/are representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.
8. It is clarified that each Participant(s) shall only submit 1 (one)Entry throughout the Activity Period on all Entry Platforms combined and multiple submission of Entries on a single Entry Platform or on multiple Entry Platforms shall make him /her ineligible from participating in the Activity and shall render his /her Entry invalid however selection of the Entry entitled to receive the Gratification shall be on sole discretion of the Company. Entries received after the Activity Period of the Activity shall be considered null and void.
9. The Participant shall ensure that the Entry submitted adheres to the terms and conditions of the Entry Platforms and acknowledges that any violation of his/her Entry from the terms and conditions of the Entry Platform shall result in immediate disqualification from the Activity.
10. The Participants shall ensure that the Entry submitted is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights;(e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant(s) agrees that the Company has the right to remove any such material/post which may not be in consonance with applicable law.
11. The Company shall not be responsible in the event Entry is not received, and also for technical error of any nature whatsoever that results in an Entry to not being received.
12. The Company shall not be responsible for any Entries submitted by the Participant but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or electricity failure and/or any reason whatsoever.
13. During the Activity Period and/or at the end of the Activity Period, on the basis of the Participant(s) having made a valid Entry as per the terms and conditions herein, the Company shall, at its sole and final discretion shortlist/select 2 (Two) Participants (“Shortlisted Participants”)
14. During the Activity Period or within 30 (Thirty) days from the end of the Activity Period as shall be deemed fit by the Company, the Shortlisted Participant(s) may be intimated by the Company or any other agency on behalf of the Company in either of the following manners (“Intimation Message”):
a. by sending a direct message on the Shortlisted Participant’s handle from which the Participant has sent Entry on the Entry Platform
b. by uploading one or more post(s) on the Company’s official handle on Entry Platform announcing the names of the Shortlisted Participant(s) and/or tagging the personal handle from which Shortlisted Participant has sent the Entry on the Entry Platform in such post(s).
For sake of clarity, Company shall have the sole and complete discretion in finalizing the manner of Intimation Message to be utilized in intimating the Shortlisted Participant(s).
15. If the Company decides to send an Intimation Message by way of a direct message, the Company or any other agency of behalf of the Company shall make only one (1) attempt to contact the Shortlisted Participant and in case the Shortlisted Participant fails to respond to such direct message for any reason whatsoever within 24 (twenty four) hours of sending the Intimation Message, the selection of that Shortlisted Participant shall be invalidated and the Company at its sole discretion may select another Shortlisted Participant from amongst the eligible Participant(s) who qualify as per the criteria stated above to receive the Gratification. 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 Shortlisted Participant is un-reachable, due to which the Company is unable to intimate the Shortlisted Participant.
16. The Intimation Message may contain information regarding the start date of the Gratification and may have any additional instructions and/or processes required to be adhered to by the Shortlisted Participant(s) which may inter alia include the personal information (“PI”) of the Shortlisted Participant(s) such as name, contact number, email address, age, gender, name of parents, residential address etc. For the sake of clarity, the Intimation Message received by the Shortlisted Participants shall not be treated / implied as assurance of receipt of Gratification in any manner whatsoever.
17. The Shortlisted Participant(s), if so required by the Company shall furnish requisite PI in a form and manner desired by the Company over Intimation Message. Post receiving the PI of the Shortlisted Participant(s), the Company shall verify the necessary PI at its end. If required, the Shortlisted Participants shall be requested to furnish documents to the Company such as age proof, residence proof and their nationality proof (i.e., driving license, pan card, passport, election card, electricity bill, ration card) (“Documents”).
18. Once the information has been verified/approved by the Company, the Company shall provide the Gratification to the Shortlisted Participant(s) by sending his passport for visa stamping, and if for any reason the respective embassy rejects the visa of the winner then the company in no way will interfere or correspondence with the working of the respective embassy further The travel arrangement will be from Mumbai and include Airfare from Mumbai to winning destination & back, along with Lodging & Boarding, and participants need to bear the cost of travel to mumbai from any part of India.
19. In the event the Shortlisted Participant fails to provide the above mentioned Documents or fails to adhere to the instructions, if any as mentioned in the Intimation Message, the Shortlisted Participant’s selection shall be invalidated and the Company shall not be liable to that Shortlisted Participant in any manner whatsoever. Additionally, the Company may at its sole discretion select another Shortlisted Participant from amongst the eligible Participant(s), who qualify as per the criteria stated above.
20. For avoidance of doubt it is clarified that apart from the Gratification, the Shortlisted Participants shall be not entitled for any other gratification/ opportunity whether monetary or otherwise. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the items that shall be placed in the Gratification and the Participant shall have no claim in any manner whatsoever in this relation. The Participant understands and agrees that the Company shall have full discretion, without informing the Participant, to change the form of Gratification and the Participant shall abide by the Company’s decision to this effect.
21. For avoidance of doubt it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the Shortlisted Participant(s) shall be final and binding. The Company at any time during or after the expiry of the Activity Period shall at it sole discretion increase or decrease the number of Shortlisted Participants to be selected by the Company for being entitled to receive the Gratification. For the sake of clarity, merely submitting an Entry does not entitle the Participant(s) to get an opportunity to participate in the Activity and/or be entitled to receive the Gratification. Only the Participant(s) who have made a valid Entry on Entry Platform and who are shortlisted and declared as the Shortlisted Participant(s) based on the criterion mentioned hereinabove and who have provided correct information at the time of registration on the Application shall be entitled to get the opportunity to receive the Gratification at the sole discretion of the Company.
22. The Gratification given to the Winner(s) by the Company is non-transferrable and nonexchangeable. Winner(s) agrees and undertakes that no cash equivalent or alternative gratification/ opportunity will be given to the Winner(s) and the Winner(s) cannot exchange the opportunity given for any kind of gift with value. Further, the opportunity given to the Shortlisted Participants is personal in nature hence neither the Shortlisted Participants can transfer the opportunity to any other person nor bring any friend/ relative/ family member.
23. The Shortlisted Participant shall not in any circumstances make any claims against the Company entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the Shortlisted Participant’s participation in the Activity or any related activity, to the extent permitted under law. If the Shortlisted Participant is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
24. Family members and relatives of the employees of the Company and their group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the Program.
25. No dispute shall be entertained with regards to the selection criteria. Decisions of the Company shall be final and binding on the Participant.
26. The Winner will have to sign any release form or other relevant document as required by the Company in order to receive the Gratification from the Company.
27. The Shortlisted Participants hereby agrees to release and discharge the Company from all Gratification and Activity related obligation on the Company delivering/ handing over the Gratification to the Winner(s).
28. All personal details and Documents (if asked by the Company) requested by and supplied to the Company by each Participant must be truthful, accurate and in no way misleading, failing which the Company reserves at its sole discretion the right to disqualify any Shortlisted Participant from availing the opportunity to participate in the Activity.
II. GENERAL TERMS AND CONDITIONS
1. Participation is open to adult Indian citizens residing in India, alteast 18 years of age with valid Indian passport (within expire date of 6 months) who must be medically fit and have no criminal conviction or an arrangement or a contract with any third party that prevents the Participant (s) from participating in the Activity. Documents pertaining to medical fitness must be furnished by the Participant on demand.
2. Persons must enter the details on their own behalf and Entry(ies) by proxy will not be accepted, even for their family members.
3. The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Activity without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Activity on the website of the Company i.e. www.channelwin.tv (“Website”).
4. The Participant hereby undertakes, warrants and guarantees to the Company that he has the full legal capacity to participate in the Activity in accordance with law and also these Terms and Conditions.
5. By participating in the Activity, the Participant represents that she is medically fit and does not have present or past psychological problems. If in the past he/she has had any psychological problems or have been under medication for any psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to the Company in writing along with a copy of the certificate from a qualified medical practitioner declaring him to be fit for participation in the Activity.
7. Participant represents that he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Company in writing. That the Participant(s) is /are not required to be present before any authority including police or any court of law for a term of twelve (12) months from the date of registration and has no other disability which would prevent or impede his/her participation in the Activity (if selected/shortlisted).
8. The Participant acknowledges that he/she has voluntarily chosen to participate in the Activity at his/her free-will and is willing to bear all risk, costs and consequences arising from such participation in the Activity.
9. The Company makes no representations, warranties nor provides any undertaking to any of the Participant(s) that any or all of the Participants will be able to qualify for receiving the opportunity to participate in the Activity.
10. The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses or otherwise suffered / incurred by any of the Participant(s) in the event that the Company is not able to permit the Participant to take part in the Activity in accordance with any of the foregoing provisions.
11. Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the Activity dates and at such date and location as it may determine and the Shortlisted Participant shall be required to be physically present on such rescheduled date and place in order to avail the opportunity to participate in the Activity. If the Shortlisted Participant fails to be present on such rescheduled date and time then the Shortlisted Participant shall be considered to have lost his chance/ claim over the opportunity to participate in the Activity and the Company shall in no event be responsible to address the Shortlisted Participant claim or communications relating to the participation in the Activity.
12. At no point of time will the Company be obliged to notify unsuccessful Participant of its decision.
13. The Shortlisted Participant of the Activity agrees that he/she shall make himself/herself available from time to time and co-operate with the Company and participate in any activity and/or campaign relating to the Activity and/or Application (“Promotional Activity”) of any nature whatsoever without any money payable to the Shortlisted Participant. Further, the Shortlisted Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Shortlisted Participant gives his/her consent to the Company or any other agency on behalf of the Company to make the footage of the participation in the Promotional Activity. The Shortlisted Participant in consideration of being afforded an opportunity to take part in the Activity, agrees that the footage of any nature with regard to the Shortlisted Participant shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and the Company may exploit the same in any manner and in any media whatsoever at any time throughout the world.
14. The Shortlisted Participant(s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video) the participation performance given at the Activity, including but not limited to the performance and any interaction of the Shortlisted Participant with other Shortlisted Participants present at the Activity and/or Company’s representatives or fellow Participant or any singers/ performers, if any, of the Participant(s) rendered during entire Activity or any related series of sound recordings and video recordings which have been shot during the Activity 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 Shortlisted Participants (“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.
15. The Participant(s) and/or the Shortlisted Participant shall hold harmless and indemnify, 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 Participant(s) and/or the Shortlisted Participant in connection with the Activity and/or the Gratification and also to the extent possible 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.
16. The Shortlisted Participant/Participant(s) shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by the Company in connection with any act of the Participant(s)/Shortlisted Participant and/or the Activity and/or post and/or Entry and/or any third party rights claims with respect to the material submitted by the Participant(s)/Shortlisted Participant.
III. OTHER TERMS
1. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
2. These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Mumbai.
3. The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.
4. Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
IV. NO LIABILITY
1. The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Program.
2. The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to the Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Activity whether or not caused by (1) the Participant’s participation in the Activity, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (4) any printing, typographical or technological errors in any materials associated with the Activity. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Activity. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.
3. The Participant agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Activity including but not limited to persons connected to the selection procedure for the Activity.
4. The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant and arising as a result of his/her participation in the Activity, if selected.
5. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.
6. Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise while coming to location as to receive the Gratification if is intimated to Participant for this Activity.
7. The Participant hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Activity or due to any representations, misrepresentations or concealment of material facts by the Participant.
Entry into the competition will be deemed as acceptance of these terms and conditions.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Channel WIN TV and not to any other party.
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