TERMS AND CONDITIONS
1. The following are the terms and conditions governing the contest “‘Prem Ni Bhavai – Love Story Contest’” (“Contest”) held in connection with the promotion of the program “Prem Ni Bhavani” telecast on “Colors Gujarati” (“Channel”) in India hosted by Viacom18 Media Private Limited (“Viacom18”) (“Contest”).
2. Contest Period: The Contest shall commence from 27th February 2020 and shall conclude on 5th March 2020 or on such date as decided by the Organizer (“Contest Period”). Any entries received after the Contest Period shall not be entertained and shall be considered ineligible for the Contest. The Winner shall be announced at the end of the Contest Period or at such other date as decided by the Organizer in its sole discretion.
3. The contest invites interested persons to participate in the Contest by during the Contest Period following all required mandates herein below (“Participant(s)”). Participants of the Contest shall be:
a. All citizens of India;
b. who are above 18 (Eighteen) years of age;
c. are viewers of the channel “Colors Gujarati” (“Channel”);
d. residing in the state of Gujarat at the start date of the Contest Period. and
4. To participate in the Contest, a Participant needs to send 1 (one) original love story (“Story”) in the manner and format as specified by the Organizer, or any other platform as may be determined by the Organizer during the Contest Period (as defined hereinafter) through Participation Mechanism as provided Rule No. 6 below. Participant acknowledge that each Story must be his/her original work and shall not infringe upon the Intellectual Property Rights of any third party. The Story shall not contain any material which is defamatory, private or confidential or which is unlawful in any manner whatsoever. Any Story found to be in breach of this clause shall be disqualified immediately.
5. Participants acknowledge that the Story submitted by them during the course of this Contest shall become the property of the Organizer and the Organizer reserves the right to exploit the Story in any manner whatsoever.
6. Participation Mechanism: To participate in the Contest, the participant will be required to do all of the below mentioned acts, within the Contest Period.
A) SMS Mechanism
a) Individuals interested in participating in the Contest may do so by registering themselves by sending an SMS to 7065600100 in the format as prescribed below.
PNB
b) The Participant who are successfully registered in the Contest shall receive a SMS confirming their registration. Such registered Participant(s) shall also receive a link to submit their Story onto the designated platform as decided by the Organizer (SMS Entry/ies”)
c) A Participant who intends to participate in the contest shall comply with the following conditions:
i) the viewer needs to use a valid phone number, registered either with the network operators viz. Aircel, Airtel, Idea, Reliance Jio, Tata, Vodafone;
ii) Each SMS shall be chargeable, at the applicable rate of the network operators as on date of upload of the rules and regulation, and any change in the charge of SMS (due to law or network operator’s policy) shall be checked by the viewer at his/her sole responsibility.
B) Facebook Mechanism
a) Participant(s) must have a valid Facebook account and have to ‘like’ the Facebook Page of Colors Gujarati to be eligible to participate in the Contest. For the sake of clarity, it is hereby agreed to and confirmed by the Participant(s) that the same does not include a Facebook account opened and operated by a family member and/or friend of the Participant(s).
b) The Participant shall access the link to submit their Story onto the designated platform as decided by the Organizer. (“Facebook Entry/ies”).
C) SMS Entry/ies and Facebook Entry/ies shall collectively be referred to as “Entry/ies”
D) All Participants shall only submit the Entry only through the designated platform and submissions made through any other platform shall not be considered as valid Entry and shall not be considered for the Contest.
E) A Participant shall be required to submit their Story only during the Contest Period prescribed hereinabove and Entry received outside the Contest Period shall be considered null and void.
7) Selection of Winners: At the end of the Contest Period, the Organizers along with the artist of the Program shall shortlist 1 (one) Participant with the most interesting Story (“Shortlisted Participant”). The Stories shall be judged upon the criteria as decided by and upon the sole discretion of the Organizer’s Internal fiction team. The decision of Viacom18 in selection of Shortlisted Participant(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. The decision of Viacom18 is final and binding in this regard.
Such Shortlisted Participant who fulfil all 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 of the Contest (“Winner”) and shall be entitled to the Prize (as defined below).
The Shortlisted Participant will be contacted via call to provide their name, age, email id and phone number (“Contact Details”) to within 24 hours after being declared as the Shortlisted Participant. Upon receiving the call, such Shortlisted Participant 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. Shortlisted Participant consent to the use of information supplied by the them for the purposes as set out in these Terms and Conditions. The Shortlisted Participant agrees and confirms that such contact details shall be their own, and that Shortlisted Participant shall at no time submit any contact details which belong to a third party.
Upon receipt of the Contact Details, Viacom18 shall contact the Shortlisted Participant 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 48 hours of such email. In the event, any Shortlisted Participants 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). It is clarified that Viacom18 shall not be obligated to shortlist another Participant in place of such forfeited Participant.
Upon verification of the credentials if the Shortlisted Participant is in compliance with Terms and Conditions requirements stated herein, shall be contacted via through a telephone call, informing them that they are the Winner.
Viacom18 shall make only one (1) attempt to reach the Shortlisted Participant. In case they do not revert, their selection shall be invalidated and Viacom18 shall not be liable to that Shortlisted Participant in any manner whatsoever
The announcement of all the Winner shall be within a reasonable time after the end of the Contest Period and such Winners shall be eligible for gratification as detailed below. The Winners shall receive the gratification on such date and time as may be determined by the Organizer in its sole discretion.
8) Gratification Details:
a. Winner as may be declared by the Organizers would be eligible to win all expense paid tour to Goa. The tour date shall be as determined by the Viacom18 in its sole discretion. Viacom18 shall have the right to change the date at its sole discretion and without assigning any reason for the same. Winners and persons accompanying them shall at all times shall strictly comply with the rules as may communicated by Viacom18. Following shall be inclusions in the tour arranged by Viacom18 (“Prize”):
i. Reservation for 2 individuals in a three-star hotel/property in Goa for a duration of 3 nights and 4 days.
ii. Set Breakfast and dinner for 2 individuals during the stay at the property.
iii. 2-day sightseeing for 2 individuals in Goa during the trip.
iv. Onward and return economy class flight ticket for 2 individuals.
Viacom18 shall have absolute right to decide all the aspects associated with the Prize at its sole discretion and the decision of Viacom18 shall be final and binding,
Apart from the expenses mentioned hereinabove Viacom18 shall not in any manner bear or reimburse any cost or expenses that may be incurred by the Winner in availing the said Prize and/or incurred otherwise.
It is hereby expressly stated that the Winner shall be solely responsible to arrange and pay for all the other travel, food and all the other ancillary costs/expenses incurred by the Winner in availing the said Prize and/or incurred otherwise.
b. Winner shall assume full liability in the case of any mishap, injury, death, trauma damage, claim or accidents arising from their participation in the contests and/or redemption of the Prize.
c. Organizer takes no responsibility, liability or any other expenses for the Winner.
General Rules
9) The Participants acknowledge that the Organizer shall not be liable for any costs, expenses, charges, fees, taxes, etc. incurred by the Participants/Winner in participating in the Contest, and the Participants/Winner shall be absolutely responsible and solely liable for the same.
10) The Participants shall not be entitled to win the Prize simply by the reason of participating in the Contest or answering correct answer. 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 the Organizer’s sole discretion. The Participants or any third party shall have no right to question the process of selection. In the event there is a tie between two participants as final winner, then the same shall be resolved through a random draw.
11) 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 the Organizer, including any interpretations of such Rules by the Organizer.
12) Participant(s) must enter the Contest on his/her own behalf and Entry by proxies will not be accepted. In the event that it is found that a Participant(s) has registered for the Contest from more than one mobile numbers, Viacom18 reserves the right to disqualify such Participant(s) from the Contest.
13) The Winner 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.
14) Each Entry shall be checked by Viacom18 inter alia, if the Entry made is original 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.
15) 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.
16) 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.
17) 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 or platform designated for accepting Entry, 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.
18) 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/ Winner 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/Winner.
19) The Participants hereby agree and undertake that mere announcement/declaration of being announced as Winner shall not entitle them to the win the Prize. Only upon complying with all Rules mentioned herein, to the satisfaction of the Organizer, shall the winning be validated.
20) The Prize/s are non-transferable, may not be exchanged for cash. Prize not honored as required or otherwise not claimed within two (2) days after delivery of notification or otherwise if the Winner is not available on date, time and venue as indicated by the Organizers, the Prize will be forfeited and awarded to an alternate winner unless otherwise stated. No request shall be entertained by the Organizers in this behalf and Organizers decision shall be final.
21) In the event of unforeseen circumstances beyond the control of the Organizer, and the Prize not being made available to the Winner, the Winner shall not have the right to claim any damages or monies from the Organizer and by participating in this Contest the Winner waive their right to make any claims against the Organizer.
22) Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time to time, arising out of free Prize, shall be borne and payable by the Winner of the respective prize/s.
23) The Organizers shall not be responsible for the quality or deficiency etc. of the Prize and no claim or request, whatsoever, in this respect shall be entertained by the Organizers.
24) Employees of the Organizers and/or their associate and affiliate companies/ concerns and/ or Sponsor/sponsors will not be qualified for winning any Prize in the Contest.
25) The Organizers reserve the right to change/ modify terms and conditions and/ or criteria of the Contest and / or the Prize for the Contest and/ or the duration/ timing of the Contest, at any time at their own discretion and without any prior notice and without assigning any reason.
26) The Winners shall be intimated by the Organizers directly. The Organizers shall not entertain any questions, correspondence, enquiries on the manner of conduct of the Contest and grant of the Prize/s from any party whatsoever.
27) Apart from the entitlement to the Prize, the Winner or his/her legal heirs will have no other rights or claims against the Organizers.
28) The Participant acknowledge that he/she will not hold the Organizers and/ or any of its affiliates or agencies engaged by them with regard to this Contest liable for any loss or opportunity, monetary loss due to their participation in the Contest.
29) The Organizer shall not be responsible for any loss of entries for any reason, whatsoever including, due to any problems caused by telephone lines, service providers, network breakdowns, computer service delays, interruptions, network failures or overloads;, or for lost, misdirected or misplaced entries, or for entries received after the Contest Period; or for prizes not reaching the Winner(s) due to any reasons; or for any reasons beyond the control of the Organizer.
30) The Organizer is not responsible for any errors or omissions in the terms and conditions contained herein. All information provided in the Contest is provided “As is” without warranty of any kind. The Organizer makes no representations and disclaims all express, implied and statutory warranties of any kind to the Viewer and/or any third party including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
31) Under no circumstance, unless due to willful misconduct or gross negligence, shall the Organizer and/or their directors, employees, officers, affiliates or subsidiaries, be liable to the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if the Organizer has been advised of the possibility of such damages. The Participant specifically agrees not to file in person/through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Organizer and/or their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Contest.
32) The Participant grants the Organizers irrevocable consent in perpetuity to the use his/ her name, photographs, video tape taken during the prize distribution in connection with the Contest, in any and all applications including but not limited to advertising, commercials, promotion, stories, text, articles and commercial exploitation, in any and all media forms, including but not limited to radio, broadcast and television, newspapers and magazines at any time without the Participants further knowledge or consent.
33) 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 the Organizer shall be entitled to take any and all action(s) against such Participants, as deemed fit by it.
34) It is the Participants’ responsibility to ensure that their personal details (name, address, date of birth, email id, ID Proof) are always updated and accurate in order to be able to receive the gratification/ notification in time.
35) Participation in this Contest implies acceptance of all the terms and conditions of the Contest. Acceptance of the Prize by the Winner constitutes permission for Organizers, and its affiliates to shoot videos, click photographs of the Winner and use the Winner’s name, photographs, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any additional compensation whatsoever.
36) In case of any dispute or difference in respect of this Contest, the decision of the Organizers shall be final and binding on all concerned.
37) The Contest shall be governed by the laws of India subject to jurisdiction of competent court/s at Ahmedabad alone.
38) The decision of the Organizers in connection with the Contest will be final & binding and is non-contestable.
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