TERMS AND CONDITIONS
The following are the terms and conditions (“Terms and Conditions”) governing the contest “Maru Mann Mohi Gayu (M3G) Jabardast Fan Contest’” (“Contest”) held in connection with the program “Maru Mann Mohi Gayu” (“Program”) and conducted by “Colors Gujarati” (“Channel/Platform”) hosted by Viacom18 Media Private Limited (“Viacom18/Organizer”). The Contest shall be held from a period commencing from 5th December 2023 at 09:00 AM and will end on 6th December 2023 at 11:55 PM (“IST”) (“Contest Period/ Period”).
The Contest invites interested persons to participate in the Contest by answering the question being displayed on the official Facebook and Instagram page of the Channel during the Contest Period following all required mandates herein below (“Participant(s))”.
By participating in the Contest, 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:
i) Participant(s), as of the start date and during the Contest Period, must be citizens of India, and of eighteen (18) years of age or above, and must be residing in the state of Gujarat. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.
ii) Employees of and/or consultants of and/or persons hired on contract by Viacom18 and/or their associate and affiliate companies/ concerns and/ or sponsors and the members of their immediate family are ineligible from participating in the Contest.
iii) On a static post, which shall be displayed on the official Facebook and Instagram page of the Channel, a question shall be displayed during the Contest Period. The question shall have 4 (four) options out of which one would be the correct answer to that question.
iv) A Participant can send his/her answer to the question asked through any of Answering Mechanism (as defined below) during Contest Period. Any answer that sent outside of the Contest Period shall not be considered and shall be deemed null and void.
v) By participating in the Contest, the Participants represent and warrant that the answers provided by the Participants shall be in response to the contest questions and not for any earlier contest or otherwise. Each contest answers shall be an original entry and shall not be in breach of any third -party rights or defame/offend any person, sect, cast, etc. and that it shall in no manner infringe any rights including the copyright of a third person/party. In event any contest answers are required to be in form of videos, if such videos submitted by the Participants features any third party other than the Participants themselves, Participants shall ensure same is with express approval of all such third party therein and shall be solely liable for same. If the videos submitted by the Participant features any third party content/ music and/or any other material, it shall ensure adequate license/ permissions have been procured by the Participant prior to using same in their video and such permissions shall include Organizers/ Viacom18’s right to publish same as part of their video on its platforms/ across its any services on any mode, media, platform and Participant shall be solely responsible and liable for same. In the event of any violation to the aforementioned, Participants shall be disqualified from the Contest with immediate effect. By participating in the Contest, the Participants also represent and warrant that they shall solely be liable for any and all action (criminal/civil) arising therefrom and shall also be liable to indemnify the Organizer for any loss, claim, dispute, disrepute, disruption caused to it.
2. ANSWERING MECHANISM
Viewers interested in participating in the Contest may do so by sending their answers within the Contest Period by way of Social Media Mechanism (also referred to as “Answering Mechanism”)
(i) Social Media Mechanism: Participant(s) must have a valid Facebook and/or Instagram account, which shall not be a group account, meme account, blogs, business accounts, brand accounts, bots, landing account etc. For the sake of clarity, it is hereby agreed to and confirmed by the Participant(s) that the same does not include a social media account opened and operated by a family member and/or friend of the Participant(s). Since the age criteria prescribed by Facebook/Instagram to hold a valid Facebook/Instagram account is above 13 (thirteen) years, participation by Participant above 18 (eighteen) years (holding a valid Facebook/Instagram account) shall be deemed for all purposes of this Contest, to be a participation done on behalf of an immediate family member who is within the eligibility age criteria for this Contest, a proof of which shall be provided to Viacom18 as stated hereinbelow.
One question in the form of a static post shall be displayed on the official Facebook page, which is available at “https://www.facebook.com/colorsgujarati/”and official Instagram page, which is available at https://www.instagram.com/colorsgujaratiofficial/, of the Channel during the Contest Period. Participant shall have to answer the correct option out of multiple-choice options given with the said question either through Facebook or Instagram direct messenger along with Participant’s full name, contact number and city name to official Facebook and/or Instagram handle of the Channel (“Entry/(ies)”). The question shall be displayed only on the official Facebook and Instagram handle/page of the Channel during Contest Period and shall not be displayed on the Channel or any other social media handle of the Channel.
A Participant who intends to participate in the contest using the Social Media Mechanism hereby understands that data charges shall be applicable and shall be levied by the respective network operator for using internet connection shall be the sole responsibility of Participant(s).
(ii) 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.
(iii) It is clarified that for the answering mechanism as set out above, one Participant can answer the question only once from one social media account. In case if any Participant has answered through both Facebook and Instagram mechanisms then last answer of such Participant will be considered by Viacom18 for the purpose of his/her participation in the Contest.
3. SELECTION OF WINNERS
(i) A Participant shall be required to give his/her answers only through the Answering Mechanism prescribed hereinabove within the Contest Period. Out of all the eligible Entries (who has complied with terms of this Terms & Conditions and has submitted correct answer to the question) received within the Contest Period within the Contest Period, the Channel shall select such number of participants as shortlisted by Viacom18 (“Shortlisted Participant(s)”). Shortlisted Participants will be required to submit the following documents for verification purpose, within 24 hours of Viacom18 contacting them via call or direct messaging through Facebook/Instagram: (a) PAN card (b) Aadhar Card/Election card/Passport/ permanent Driver’s License (c) copy of NOC/consent of guardian/parent d) Birth certificate/identify certificate from schools (e) such other information/documents as may be required by Viacom18. Information and documents shall pertain to the immediate family member who is within the eligibility age criteria on behalf of whom the Participant has participated in the Contest. The parents/guardians of such Shortlisted Participant shall be required to sign any confidentiality and release agreement and/or any other documents and writings, as may be required by Viacom18. If the Shortlisted Participant does not provide the documents with the aforesaid 24-hour period and/or do not sign the confidentiality, release letter or any other documents as may be required by Viacom18 in relation to the Prize or the Contest, then Viacom18 reserves the right to disqualify such Shortlisted Participant without any notice and no questions or communications shall be entertained in this regard for any reason by Viacom18.
(ii) Upon verification of documents to the satisfaction of Viacom18, out of the Shortlisted Participants, Viacom18 shall declare maximum of 3 (three) participants as winners of the Contest as selected using randomizer (“Winner(s)”). For the sake of clarity, Shortlisted Participant will be considered as a Winner only when he/she has been specifically declared as a Winner by Viacom18 and not merely because he/she has been contacted by Viacom18 for verification or any other purpose.
(iii) 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 correctness, speed of answering etc. The decision of Viacom18 is final and binding in this regard.
(iv) 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 entitled to the Prize (as defined below).
(v) The Winner(s) will be contacted via call/direct messaging through Social Media Mechanism to provide their name, age, email id and phone number (“Personal Information”) within 24 hours after being declared as the Winner(s). Upon receiving the call, such Winner(s) would then be asked to send their Personal Information 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 Personal Information shall be their own, and that Winner(s) shall at no time submit any Personal Information which belong to a third party.
(vi) Upon receipt of the Personal Information, Viacom18 shall contact the Winner(s) via email to submit scanned copies of their identity proof, age proof and address proof (eg. picture of passport/electricity bill/any other valid ID for verification) (“Document”) within 24 hours of such email. In the event, any Winner(s) fails to submit the Documents, his/her participation shall be invalidated and Viacom18 shall forfeit his/her chance to win the Prize (as defined below). The Winner may also be required to sign any confidentiality and release agreement and/or any other documents and writings, as may be required by the Viacom18 and/or its parent, subsidiary, and affiliate companies in relation to the Prize.
(vii) Viacom18 may either forfeit the Prize or announce another Winner in place of the originally announced Winner if:
a. Documents or details of the Winner are not correct in the opinion of Viacom18; or
b. Documents so required are incomplete, misleading or untrue; or
c. the Winner does not sign the confidentiality, release letter or any other documents required, if any, by Viacom18 in relation to the Prize; or
d. if the Winner does not revert within the stipulated time as decided by Viacom18.
(viii) Viacom18 shall make only one (1) attempt to reach the Winner(s). In case they do not respond or if Viacom18 is unable to get in touch with them due to any reasons such as any error in the Personal Information, etc., their selection shall be invalidated and Viacom18 shall not be liable to that Winner(s) in any manner whatsoever. It is clarified that Viacom18 shall not be obligated to shortlist another Participant(s) in place of such invalidated Participant(s)/Winner(s).
(ix) Upon verification of the credentials only those Winner(s) those who are in compliance with the Terms and Conditions requirements stated herein, shall be contacted via through a telephone call, informing them that they are the winner of the Contest. The communication to the Winner(s) would be done within thirty (30) days from the end of the Contest Period or such other date as may be decided by Viacom18 at its sole discretion.
(x) Announcement of Winners will be done on 8th December 2023 or such other date as finalized by Viacom18. Announcement of the Winner shall be done on the official Facebook and/or Instagram page of the Channel. In case the winner announcement is postponed for whatsoever reasons, Viacom18 will not be held responsible.
4. GRATIFICATION DETAILS
(i) The Winner(s) shall get a one-time opportunity to meet and greet with the cast/team of the Program and high tea with the artist playing the role of Anokhi (“Prize”).
(ii) Terms And Conditions for the Prize:
a) Viacom18 shall have the right to change the date and/or venue of such meet and greet in its sole discretion and without assigning any reason for the same. The aforesaid meet and greet shall take place on the day/date at such venue as determined by the Viacom18 in its sole discretion.
b) Winners while attending the said meet and greet shall strictly comply with the rules of the meet and greet venue. This shall be a strict condition precedent to the Winners availing the Prize.
c) Prize shall at all times be subject to availability of cast of the Program and subject to such terms and conditions as solely determined by Viacom18 and/or requested by cast of the Program. The date and exact venue of shall be informed by Viacom18 and shall be subject to other factors. Inability of any Winner to make himself/herself present to avail the Prize for any reason whatsoever shall result in the disqualification of the Winner and disentitlement to the Prize. The Winners shall have no claims whatsoever against the Organizer for any reason.
d) It is specifically clarified that the Winners should not carry, and shall not be entitled to take, any electronic equipment into the venue of meet and greet, including their mobile phones, tablets, laptops, cameras, etc., and/or any other recording devices. In case the Winners carry any such electronic equipment to the venue, they will be required to deposit the same outside the venue at their sole risk and liability. The Organizer or the venue owner shall in no manner or circumstance, accept any responsibility or liability for the electronic equipment carried and/or deposit by the Winners. No recording will be allowed around or within the venue and no recording during availing the Prize will be allowed in any circumstance.
e) Further, all Winners shall maintain absolute confidentiality with respect to the storyline and contents of the program, including but not limited to the contestants, artists etc. shown to the Winner prior to the official release of the same by the Organizer to public in India. All the Winners undertake not to divulge, publicize or disclose any details whatsoever, with respect to availing the Prize by the Winner, to any other person or on any media platform, including on-air, on-print and/or online.
f) Viacom18 reserves the right to change the Prize at any time at its discretion.
g) The Winner(s) must avail the Prize on the dates provided by Viacom18 and such dates are final and not changeable. If the Winner(s) is unable to collect/avail it on such date, as prescribed by Viacom18 then Viacom18 reserves the right to invalidate the Prize for such Winner(s). However, the dates are subject to change in the event of some unforeseeable event not in the control of Viacom18 then Viacom18 reserves the right to choose another date for use of the same which it shall communicate to the Winner(s).
h) 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.
i) During the delivery of the Prize if any loss/damage etc. is caused/incurred, 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.
j) 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.
k) Neither Viacom18 nor its employees have given a guarantee and/or warranty regarding the Prize and the Winner(s) agree not to hold Viacom18 and its employees, responsible with regards thereof.
l) The Winner(s) 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.
m) All and any incidental costs direct and/or indirect, income tax, gift tax or any other statutory taxes, duties or levies 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. Winners shall be solely responsible to arrange and pay for their travel, internal travel, accommodation, food and beverages and all costs / expenses incurred by the Winner in availing the said Prize and/or incurred otherwise.
n) In the event of unforeseen circumstances beyond the control of Viacom18, and the Prize not being made available to the Winners, or the said Contest/ Prize being cancelled / re-scheduled / suspended etc., the Winners shall not have the right to claim any damages or monies from Viacom18 and by participating in this Contest, the Winners waive their right to make any such claims against Viacom18.
o) 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.
p) The Organizer/ Viacom18 shall have the right to click photographs, take pictures, shoot audio-visuals, tape, record, exhibit or portray them as the Winners and/or publish any content recorded during availing their Prize. By participating in the Contest and accepting the Prize, the Winners waive all copyrights and any related rights and consents Organizer’s/ Viacom18’s right to click photographs, take pictures, shoot audio-visuals, tape, record, exhibit or portray them as the Winners and/or publish any content/ contest answers submitted by them. The Winner(s) further grant Viacom18 irrevocable consent in perpetuity to the use, edit, exhibit, publish and/or exploit the same, e in any and all applications including but not limited to advertising, commercials, promotion, stories, text, illustrations, articles and commercial exploitation, throughout the world, in any and all media, modes, or format, now existing or hereinafter developed, including but not limited to radio, broadcast and television, newspapers and magazines, and electronic media, at any time without the Winner(s) further knowledge or consent and without any compensation whatsoever.
5. GENERAL RULES:
(i) 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 the Channel/Platform i.e. www.colorsgujarati.com. Each Participant hereby agrees to be bound by the terms and/or by any subsequent revisions of the Terms and Conditions (“Revised Terms”). Viacom18 reserves the right to amend, add or delete any of the Terms and Conditions at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior terms.
(ii) 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.
(iii) By participating in the Contest, the Participants agree to be bound by any rules; regulations, guidelines or policies (“Rules”) associated with the Contest, including without limitation these Terms and Conditions, and agree to be bound by any decisions made by Viacom18, including any interpretations of such Rules by Viacom18.
(iv) The Participants hereby agree and undertake that mere participation/announcement/declaration of being announced as Winner(s) shall not entitle them to the Prize. Only upon complying with all Rules mentioned herein, to the satisfaction of Viacom18, shall the winning be validated.
(v) Entries sent after the Period will not be considered for the Contest and shall be deemed null and void.
(vi) Participant(s) shall at all times ensure that the Entry adheres to the applicable laws in force in the territory of India.
(vii) The Participants confirm that the contest answers shall not be obscene, vulgar, defaming, denigrating women, artist, celebrity, third person or children, hurting religious sentiments, depicting violence or against the public policy of India or/and the internal policies of the Organizer/ Viacom18.
(viii) Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Entries from more than one mobile numbers, Viacom18reserves the right to disqualify such Participant(s) from the Contest.
(ix) Each Entry shall be checked by Viacom18 inter alia, if the 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 Viacom18 and/or raise any claims or disputes in relation to the same.
(x) Viacom18 shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the Entry reached the server of the concerned telecom/mobile operator. Any automated receipt confirmation does not constitute proof of actual receipt. Any unclear/incorrect/incomplete Entry, including wrong characters in Entry shall be considered invalid vote and deemed null and void.
(xi) The Participant(s) agree and confirm that Viacom18 shall at no time be held responsible and/or liable for any non-receipt of an Entry 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/Platform 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/Platform in any manner.
(xii) 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 Shortlisted Participant(s)/ 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 Shortlisted Participant(s)/Winner(s).
(xiii) 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.
(xiv) The Participants shall not be entitled to win the Prize simply by the reason of participating in the Contest. Further, the Winners so selected shall be entitled to win the Prize as set out hereinabove. The selection process may be revised and shall be as per Viacom18’s sole discretion. The Participants or any third party shall have no right to question the process of selection.
(xv) 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(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.
(xvi) 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 and the Winner(s) or his/her legal heirs will have no other rights or claims against Viacom18.
(xvii) 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.
(xviii) 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 Personal Information shall be provided by Viacom18 to the extent allowed by laws of India, to third parties assisting Viacom18 or otherwise involved with Viacom18 in relation to this Contest. Further, it is the Participants responsibility to ensure that their Personal Information is always updated and accurate in order to be able to receive the Prize and/or any notification in time.
(xix) 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.
(xx) The Participants hereby agree and undertake that they shall not accept or undertake to accept or give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate their winning the Contest. Any knowledge of such an act shall lead to immediate disqualification of such Participants and Viacom18 shall be entitled to take any and all action(s) against such Participants, as deemed fit by It.
(xxi) By entering the Contest, each Participant expressly agrees that his or her personal data supplied may be used by Viacom18 and/or its affiliated companies for the purposes of marketing the products and/or services of Viacom18 and/or its affiliated companies and that certain offers and information on such products and/or services may be sent to the Participant(s) from time to time.
(xxii) By providing any personal information to Viacom18 entering the Contest, each Participant thereby waives his or her privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished by them. If a Participant does not wish to have his or her information and/or likeness viewed by or disclosed to others, he or she should not enter the Contest.
(xxiii) 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.
(xxiv) 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.
(xxv) The Terms and Conditions and participation 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. This is a legal and binding agreement between the Participant and Viacom18, that states the terms that govern the Participant’s participation as stated herein and through the social media platforms and/or any other platform as communicated hereunder. By clicking on the ‘Submit’ icon, the Participant agrees to have read and understood the terms and conditions and hereby unconditionally consents, agrees and undertakes to abide, be bound by and adhere to the terms and conditions stated herein and respective terms and conditions of the social media accounts and/or any other accounts/ modes through which they have chosen to participate. These terms and conditions contained herein shall subsist until the telecast of the last episode of the Program and /or any such extended duration as may be deemed fit by Viacom18 and hence, the rules shall continue to apply on the Participants.
(xxvi) 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.
(xxvii) The decision of Viacom18 in connection with the Contest will be final & binding and is non-contestable.
