Jaya Parvati Vrat

TERMS AND CONDITIONS

The following are the terms and conditions governing the contest   conducted by “Colors Gujarati” (“Channel”) in India hosted by Viacom18 Media Private Limited (“Viacom18”) for the contest titled “Jaya Parvati Vrat Contest” (“Contest”) The Contest shall be held from a period commencing from 12^th July 2022 at 9 AM to 16^th July 2022 at 11:59 PM (“IST”) (“Contest Period/ Period”).

The contest invites interested persons to participate in the Contest by answering the question as posted on the Facebook and Instagram accounts/ pages of the Channel (Channels’ Social Media Accounts”)during the Contest Period following all required mandates herein below (“Participant(s))”.

By participating it is deemed that the Participant(s) have read, understood, accepted and agree to unconditionally abide with all the Terms and Conditions of the Contest.

1. Principle Rules

To participate in the Contest the Participant(s) shall follow the procedure as detailed below:

• Participant(s) must be citizens of India and of eighteen (18) years of age or above residing in the state of Gujarat at the start date of the Contest Period. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.

• Employees of and/or consultants of and/or persons hired on contract by Viacom18 and the members of their immediate family are ineligible from participating in the Contest.

• During the Contest Period, Participants have to provide the correct answer (“Contest Answer”) to the question (“Contest Question”) as posted on Channels’ Social Media Accounts and also tag 3 of their friends on the post.

• To participate in the Contest, the Participants must watch follow the Channels’ Social Media Accounts and also the Facebook and Instagram page of the sponsor of the Contest i.e., Shivane’s Boutique (“Sponsor”).

• A Participant can provide their Contest Answer on the Contest Question related post and also tag three of their friend on the said post during the Contest Period. Any Contest Answer provided after the Contest Period shall not be considered and shall be deemed null and void.

2. Answering Mechanism

Viewers interested in participating in the Contest may do so by sending their answers within the Contest Window by/ either by way of Instagram or Facebook ( “Answering Mechanism”)

1. Instagram or Facebook Mechanism: Participant must have a valid account on Instagram and Facebook(“Platforms”). For the sake of clarity, it is hereby agreed and confirmed by the Participants that the account on the Platforms should be personally operated by the Participant and shall not be an account opened and operated by a family member and/or friend of the Participant. Participant shall post the Contest Answer as a comment on the Contest Question related post and also tag three of their friend son the said post during the Contest Period.

Participant who intends to participate in the Contest understand and agree that data charges shall be applicable as per the rate of the network operators as on date of upload of the rules and regulation, and any change in the data charges (due to law or network operators policy) shall be checked by the viewer at his/her sole responsibility.

• A Participant shall be required to give their Contest Answer only through the Answering Mechanism prescribed hereinabove within the Contest Period. Out of all the correct Contest Answers received within the Contest Period the Channel shall select a maximum of 3 participants as “Winner/Winner(s)” during the Contest Period by using a randomizer.
• The decision of Viacom18 in selection of Winner(s)shall be final and binding in this regard. Each Entry shall be judged inter alia, on the basis of its relevancy to the Contest, speed of answering etc. The decision of Viacom18 is final and binding in this regard.
• Such Winner(s) who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Viacom18 shall be declared the Winner(s) and shall be entitled to the Prize (as defined below).
• The Winner(s) will be contacted via messages on Facebook and Instagram to provide their name, age, email id, photograph, phone number, identity proof, age proof and address (“Contact Details”). Such Winner(s) would then be asked to send their Contact Details via email or any other medium as agreed by Viacom18 within 24 hours of such message without which they will not be entitled to the Prize. Each Winner(s)/ consent to the use of information supplied by the them for the purposes as set out in these Terms and Conditions. The Winner(s) agrees and confirms that such contact details shall be their own, and that Winner(s) shall at no time submit any contact details which belong to a third party.
• Viacom18 shall make only one (1) attempt to reach the Winner(s). In case they do not revert, their selection shall be invalidated and Viacom18 shall not be liable to that Winner(s) in any manner whatsoever.
• In case the winner announcement is postponed for whatsoever reasons, Viacom18 will not be held responsible.
• The communication to the Winner(s) would be done within 24 to 48 hours from the end of the Contest Period or within such time as decided solely by Viacom18.
• Winners of the Contest shall win a saree to be provided by the Sponsor of the Contest (“Prize”).
• Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by Viacom18 from time to time will make such Participant’s Entry(ies) null and void.
• It is hereby expressly stated that the Viacom18 shall not be responsible to bear or reimburse any costs and expenses incurred by the Winner availing the said Prize and/or incurred otherwise including but not limited to the travel, ground transportation / internal travel, accommodation, food, beverages etc. It is hereby expressly stated that the Winner shall be solely responsible to arrange and pay for all costs / expenses incurred by the Winner in availing the said Prize and/or incurred otherwise.
• All decisions of Viacom18 shall not be subject to any appeal of any nature whatsoever. By participating in the Contest, it shall be construed that the Participant has waived his/her right to dispute Contest and/or the Prize and/or any decision(s) made by Viacom18.
• Each Participant consents to the use of information supplied by the Participants, to the extent possible under any applicable laws of India, in any media for further promotional, marketing and publicity purposes without any further payment or other compensation to the participant by Viacom18 and its affiliates.
• The Winner/s shall not in any circumstances make any claims against Viacom18 or the Viacom18’s affiliates/entities/representatives 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 the winner’s participation or non-participation in the Contest or any related activity. If the Winner is found to be ineligible, or if he or she has not complied with these terms and conditions, the corresponding Submission/s will not be considered further.
• If Viacom18 so elects, Winner/s will be required to submit to a confidential background check to confirm eligibility and may even be required to sign a release letter on the format provided by Viacom18 and help ensure that the Winner/s will not bring Viacom18 Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Viacom18 as determined in their sole discretion.
• TERMS AND CONDITIONS FOR THE PRIZE
• Viacom18 reserves the right to change the Prize at any time at its discretion.
• The Prize cannot be transferred, negotiated, refunded or exchanged and only the Winner(s), and not any other person or agent, may claim the Gratification.
• LIMITATIONS OF LIABILITY: BY ENTERING THE CONTEST, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY GRATIFICATION AWARDED, 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 CONTEST (IF ANY), NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL VIACOM18 AND/OR VIACOM18 ENTITIES 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.
• Participation shall be governed by the terms and conditions as detailed hereinafter. The Participant hereby agrees to have read and understood all the terms and conditions stated herein and agrees to abide by the same.
• The Terms and Conditions of and in relation to this Contest as stated herein, is an electronic record in terms of Information Technology Act, 2000 (“Act“) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008

3. General Rules:

• Viacom18 reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Contest on the website of Viacom18 i.e., colorsgujarati.com
• Viacom18 may at its sole discretion extend or curtail the Period of the Contest or may suspend or abandon the same at any time without any prior notice of the same.
• Entries sent after the Period will not be considered for the Contest and shall be deemed null and void.

• Participant(s) shall at all times ensure that the Entry adheres to the applicable laws in force in the territory of India.
• Participant(s) must enter the Contest on his/her own behalf and direct messages by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Contest Answers from more than one of their social media accounts, Viacom18 reserves the right to disqualify such Participant(s) from the Contest.
• Each Contest Answer shall be checked by Viacom18 inter alia, if the Contest Answer given is correct, and follows the aforementioned rules. The decision of Viacom18 shall be final and binding. The Participant(s) agrees and confirms that the Participant(s) shall at no time challenge such decision of Viacom18and/or raise any claims or disputes in relation to the same.
• Viacom18 shall not be responsible in the event Contest Answers are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Contest Answer occurs when the Contest Answer reached the server of the concerned telecom/mobile operator. Any automated receipt confirmation does not constitute proof of actual receipt. Any unclear/incorrect/incomplete Contest Answer, including wrong characters in Contest Answers shall be considered invalid vote and deemed null and void.

• The Participant(s) agree and confirm that Viacom18 shall at no time be held responsible and/or liable for any non-receipt of a Contest Answer due to a technical error and/or defect in the functioning of the telecom server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Viacom18. Neither Viacom18 nor the Channel shall be responsible in case of any kind of network problem, technical failure whatsoever and/or the data charges/costs charged by the network operator(s). Any dispute in connection to the same should be settled directly between the viewer/subscriber and the operator(s) without involving Viacom18 and/or the Channel in any manner.
• Viacom18 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 Winner(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Viacom18is unable to intimate the Winner(s).
• Viacom18 reserves the right to disqualify any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. The decision of Viacom18 in this regard shall be final and binding upon the Participant(s), and the Participant shall not at any time challenge and/or dispute such decision of Viacom18.
• The Winner(s) agrees and confirms that the Prize so awarded by Viacom18 shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.
• The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value.

• During the delivery of the Prize if any loss/damage etc. is caused/incurred or there is any delay in sending the Prize by the Sponsor, Viacom18 shall not be liable for any such loss/damage etc. Further, Viacom18 shall not be responsible or liable for any change in the Prize.
• The Winner(s) agrees that he/she shall not hold Viacom18 and/or its employees, responsible for delays or any problem in connection to the Prize.
• Neither Viacom18 nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Viacom18and its employees, responsible with regards thereof. It is clarified that Viacom18shall not be responsible for the quality, value etc. in connection to the Prize and the supplier shall be solely responsible for the same.
• The Winner agrees that if due to any reason, whatsoever, beyond the control of Viacom18 the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Viacom18 cannot be held responsible and/or liable for the same.

• All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Viacom18, be responsible or liable for the same in any manner whatsoever.

• Viacom18 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 Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.
• Viacom18 reserves the right to forfeit the Prize in the event it is found by Viacom18 that any information provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Viacom18 shall have the right to declare another Participant(s) as the Winner of the Contest and transfer the Prize to that person.
• 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 Viacom18in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Viacom18.
• Each Participant(s)/Winner(s) consents to the use of information supplied by the Participant(s)/Winner(s) for the purposes as set out in these Terms and Conditions. The Participant(s) agrees and confirms that such contact details shall be their own, and the Participant(s) shall at no time submit any contact details which belong to a third party.

• The Participant(s) and/or the Winner(s) shall fully indemnify, defend and hold harmless, Viacom18its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms and conditions hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner(s) during the Contest and/or enjoyment of the Prize.

• The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with Viacom18 and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with Viacom18, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity. The Winner further agrees that his/her recipe shall be used in any Promotional Activity on social media or otherwise.

• By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of Viacom18, in any manner whatsoever.

• In case of any dispute or other matter arising in reference to the Contest and/or the Prize the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Ahmedabad,Gujarat India.