TERMS AND CONDITIONS
The following are the terms and conditions (“Terms and Conditions”) governing the contest “Watch & Win” (“Contest”) to be held in connection with the program “Sorath Ni Mrs Singham” and conducted on “Colors Gujarati” (“Channel”) hosted by Viacom18 Media Private Limited (“Viacom18/Organizer”). The Contest shall be held within a period commencing from 24th January 2022 at 9 PM and will end on 29th January 2022 at 11:59 PM (“IST”) (“Contest Period/ Period”).
The Channel invites interested eligible persons to participate in the Contest by watching the program ‘Sorath Ni Mrs Singham’ on the Channel (hereinafter referred as “Program”) and answering the question(s) displayed on the Channel during the telecast of the Program between 9 PM to 9:30 PM (“Timings”) and as solely decided by Viacom18 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) must be citizens of India and of ages above 18 (eighteen) years of age residing in India or 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.
ii) The Participation by minors will be deemed as participation with the prior unconditional consent and knowledge of the Participant’s parents/guardian. It is made abundantly and evidently clear that such Participants are participating in the Contest with the consent and assistance of their parents/guardians. Accordingly, the Participants shall provide all the necessary documents/proof as required by Viacom18 upon its request in this regard. The validity of such proof shall be determined by Viacom18 at its own discretion. All the Terms and Conditions, Rules applicable on Participants shall deemed to also apply on the parents/guardians of such Participants.
iii) 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.
iv) During the telecast of the Program on the Channel 1 (one) question(s) shall be displayed on the Channel anytime during/after the telecast of the Program during the Timings each day during the Contest Period. Each question shall have 2 options out of which one of the options would be the correct answer to that question.
v) To participate in the Contest, the Participants must watch the Program telecasted on the Channel during the Contest Period and give correct answer from the multiple options provided on the Channel. The Participant can submit the answer through the Answering Mechanism mentioned herein below.
vi) A Participants can send their answers to the questions asked through the Answering Mechanism (as defined below) from IST 9 PM till 11:59 PM on the particular day during Content Period when the question(s) has been aired (“Contest Window”). Any answer that sent outside of the Contest Window shall not be considered and shall be deemed null and void.
vii) 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 Window by way of SMS Mechanism (“Answering Mechanism”)
(i) SMS Mechanism: Participants can send in the answer by selecting an option associated and by sending text message containing the keyword assigned to each of the options, to the number 7065600100.The viewers interested in the Contest can participate may do so by sending text message in the format prescribed below (“SMS Entry/(ies)”).
keyword<Space>Name<Space>City<Space>Option/Answer
A Participant who intends to participate in the contest using the SMS Mechanism shall comply with the following conditions:
a. the viewer needs to use a valid phone number;
b. Each SMS shall be chargeable, at the applicable rate of the network operators as on date the answers are sent, 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.
(ii) SMS Entry/(ies) hereinafter may be referred to as “Entries”
(iii) 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.
(iv) It is clarified that for the answering mechanism as set out above, one Participant can answer the question only once from one unique number. However, if the Participant is declared Winner once during the Contest Period then the same Participant shall be disqualified for further participating in the Contest using the same unique number or any other number.
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 Window. Out of all the eligible Entries received within the Contest Window for the respective day within the Contest Period, the Channel shall select a maximum of 1 (one) participant as daily Winner of the Contest on random basis during the Contest Period (“Winner(s)”). Winner(s) will be required to submit the following documents for verification purpose, within 12 hours of Viacom18 contacting them via call or direct messaging: (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 Winner(s) 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 Winner does not provide the documents with the aforesaid 12-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 Winner and forfeit the Prize without any notice and no questions or communications shall be entertained in this regard for any reason by Viacom18. For the sake of clarity, Participant will be considered as a Winner only when he/she has been specifically declared as a Winner by Viacom18 and complied with all terms, conditions and documentations of the Contest and/or as instructed by Viacom18, and not merely because he/she has been contacted by Viacom18 for verification or any other purpose. Further, if the Participant is declared Winner once during the Contest Period then the same Participant shall be disqualified for further participating in the Contest using the same unique number or any other number and shall not be eligible for wining any further Prize.
(ii) 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 and on random basis etc. The decision of Viacom18 is final and binding in this regard.
(iii) 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).
(iv) The Winner(s) will be contacted via call/direct messaging to provide their name, age, email id and phone number, photograph, address, valid government identity and address proof (“Personal Information”) within 12 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 12 hours of such message or call without which they will not be entitled to the Prize. Each Winner(s) consent to the use of information supplied by 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.
(v) 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 12 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.
(vi) 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 Viaocm18; 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.
(vii) 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).
(viii) Upon verification of the credentials only those Winner(s) 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.
(ix) Announcement of Winners will be done within a period of 1 (one) day from the end of each day of the Contest Period. Announcement of the Winner shall be done during the telecast of the Program. In case the winner announcement is postponed for whatsoever reasons, Viacom18 will not be held responsible.
4. GRATIFICATION DETAILS
(i) Winner(s) of the Contest shall win a 40-inch LED TV worth approximately Rs. 25,000/- (Indian Rupees Twenty-Five Thousand only). However, value, model, brand and any other such details about the Prize (as defined below) shall be solely determined by Viacom18 and shall not be challenged by any Participant or Winner.
(ii) Winners shall have to collect the Prize from Channel’s office or from such other place as informed by Viacom18 on any working day within a month from the date of announcement or Viacom18 may, on its own discretion and without any obligation, courier the Prize to the Winner(s) on the address provided by the Winner(s) (“Prize”). Channel takes no responsibility, liability or any reimburse any expenses associated with the collection of Prize by the Winner(s).
(iii) Terms And Conditions for the Prize:
a) Viacom18 reserves the right to change the Prize at any time at its discretion.
b) 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).
c) 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.
d) 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.
e) 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.
f) Neither Viacom18 nor its employees have given a guarantee and/or warranty regarding quality, brand, value or any other specifications 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.
g) 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.
h) 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.
i) 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.
j) Vaicom18 shall not be responsible for the quality or deficiency etc. of the Prize/s and no claim or request, whatsoever, in this respect shall be entertained by Viacom18.
k) 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.
l) 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 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 / Content Window 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 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.
(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 image / depiction of the Prize / prize depicted on the press ads / posters / TVCs / social media videos etc. are for illustrative purposes only and the actual Prize may vary from the depiction made and, on the size, and weight of the Prize or otherwise in any manner.
(xviii) The Participant agrees that the Prize will be provided to and will be accepted by the Participants (who shall win the Contest) on an ‘as is’ basis and the Participants shall not raise any objection /claims of any nature whatsoever against Viacom18 at anytime in event of any damage caused to the product (being provided as Prize), while in transit and/or in event the product provided as Prize is defective in any manner and/or otherwise. The Participant shall not claim any refund with respect to the Prize in event of any damage/ defect. The Participant agrees and acknowledges that Viacom18 shall not be responsible and/or liable for the quality / condition/utility / usability, etc. of the products provided as Prize. The Prize shall be provided only after verifying the credentials of the winning Participants as required by Viacom18 and the process of providing / distributing the Prize shall be commenced only after the entire completion of the Contest Period. Prize shall be non-exchangeable, non–cashable, non–negotiable, non-transferable and no communication shall be entertained by Viacom18 in this regard.
(xix) 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.
(xx) 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.
(xxi) 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.
(xxii) 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.
(xxiii) 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.
(xxiv) 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.
(xxv) 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.
(xxvi) 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.
(xxvii) 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.
(xxviii) 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, India.
(xxix) The decision of Viacom18 in connection with the Contest will be final & binding and is non-contestable.
