TERMS AND CONDITIONS
The following are the terms and conditions governing the contest “‘Colors Gujarati Tour Quiz” (“Contest”) to be conducted by “Colors Gujarati” (“Channel”) of Viacom18 Media Private Limited (“Viacom18”) in India (“Contest”) The Contest shall held from a period commencing from 21st February 2023 at 8 AM till 23rd February 2023 at 11:55 PM (both inclusive) (“Contest Period/ Period”).
The contest invites interested persons to participate in the Contest by answering the question being displayed on the Instagram page/handle of the Channel 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:
i) Participant(s) must be citizens of India, and of eighteen (18) years of age or above, and must be 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.
ii) 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.
iii) 1 (one) question(s) shall be displayed on the Instagram page/handle of the Channel during the Contest Period. The question shall have 4 (four) options out of which one of the options would be the right answer to that question.
iv) A Participant can send his/her answer with regard to the question through 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.
2. Answering Mechanism
Participant(s) may do so by sending their answers within the Contest Window by Instagram Mechanism:
(i) Instagram Mechanism: Participant(s) must have a valid Instagram account and have to ‘like’ the official Instagram page of Colors Gujarati, which is available at https://www.instagram.com/colorsgujaratiofficial/ (hereinafter referred to as “Channel Instagram Page”) , 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 an Instagram account opened and operated by a family member and/or friend of the Participant(s). One question shall be displayed on the Channel Instagram Page. Each Participant shall have option to submit his/her answer by selecting correct answer from multiple choice options given for the respective question through Instagram direct messenger and shall also needs to mention their Instagram user ID with the comment “Done” (“Entry/(ies)”). The question shall be displayed only on the Channel Instagram Page during Contest Period and shall not be displayed on the Channel or any other social media handle of the Channel.
(ii) A Participant shall be required to give his/her answer only through the Answering Mechanism prescribed hereinabove within the Contest Period. Out of all the eligible Entries received within the Contest Period the Channel shall select 3 (three) Participants as “Shortlisted Participant(s)” through random selection.
(iii) 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, speed of answering and any such other criteria as solely determined by Viacom18. The decision of Viacom18 is final and binding in this regard.
(iv) Such Shortlisted Participant(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).
(v) The Shortlisted Participant(s) will be contacted via call to provide their name, age, email id and phone number and address (“Contact Details”) to within 24 hours after being declared as the Shortlisted Participant. Upon receiving the call, such Shortlisted Participant(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 Shortlisted Participant(s)/ consent to the use of information supplied by the them for the purposes as set out in these Terms and Conditions. The Shortlisted Participant(s) agrees and confirms that such contact details shall be their own, and that Shortlisted Participant(s) shall at no time submit any contact details which belong to a third party.
(vi) Upon receipt of the Contact Details, Viacom18 shall contact the Shortlisted Participant(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 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(s) in place of such forfeited Participant(s).
(vii) Viacom18 shall make only one (1) attempt to reach the Shortlisted Participant(s). In case they do not revert, their selection shall be invalidated and Viacom18 shall not be liable to that Shortlisted Participant(s) in any manner whatsoever.
(viii) Upon verification of the credentials only those Shortlisted Participant(s) that are in compliance with Terms and Conditions requirements stated herein, shall be contacted via through a telephone call, informing them that they are the Winner(s). The communication to the Winner(s) would be done on 27th February 2023 or such other date as solely finalized by Viacom18.
(ix) Announcement of Winners will be done on 27th February 2023 or such other date as solely finalized by Viacom18. In case the winner announcement is postponed for whatsoever reasons, Viacom18 will not be held responsible.
(x) Winners of the Contest shall have chance to win the following (“Prize”).
i) Winner(s) of the Contest shall have the chance to win one gift hamper worth Rs. 1999/- (Indian Rupees One Thousand Nine Hundred Ninety-Nine only). 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). Channel takes no responsibility, liability or any reimburse any expenses associated with the collection of Prize by the Winner(s). Winners shall strictly comply with COVID-19 safety protocols as mentioned herein and as communicated by Viacom18 from time to time. Adherence to the rules shall be a strict condition precedent to the Winners availing the Prize. Notwithstanding anything contained herein, Viacom18 takes no responsibility to bear or reimburse any cost or expense that may be incurred by the Winners in availing the Prize.
ii) 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.
iii) 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.
iv) 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.
v) 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.
vi) 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
i. Viacom18 reserves the right to change the Prize at any time at its discretion.
ii. The Prize cannot be transferred, negotiated, refunded or exchanged and only the Winner(s), and not any other person or agent, may claim the Prize.
iii. The Participants acknowledge and agree that the product /item being distributed as Prize for Prize Winner is manufactured by the original manufacturer and Viacom18 does not give any guarantee and/or warranty with respect to the product /item being distributed as Prize for Prize Winner. The Participant agrees that Viacom18 holds no responsibility if the prize /any other product/item provided as Prize for Prize Winner is damaged or defective in any manner. Viacom18, its affiliates, agents/representatives do not give any guarantee/warranty with respect to the products/items being offered as prize. The products / items to be given as Prize will be provided on an ‘as is’ basis. The Participant acknowledges and agrees that the respective merchant (who owns/manufactures the products) is responsible for its products provided as Prize. Viacom18, its affiliates, agents/representatives shall not be liable or responsible for any defect and/or deficiency in the products being provided as Prize, at any time whatsoever. Viacom18 shall engage a third party (‘Viacom 18’s agent/representative) who shall be delivering / dispatching the various products / items being provided as Prize to the Winners. Viacom18 and/or its affiliates / agents/representatives / partners are not under any obligation whatsoever to either replace the product with a similar product or any other product as Prize/gratification.
iv. the Participants shall not raise any objection /claims of any nature whatsoever against Viacom18 at any time in event of any damage caused to the products /items (being provided as Prize), while in transit and/or in event any product / item provided as Prize is defective in any manner and/or otherwise. The Participant shall not claim any refund with respect to any product / item provided as Prize in event of any damage/ defect of any nature whatsoever. The Participant agrees and acknowledges that Viacom18 shall not be responsible and/or liable for the quality / condition/utility / usability, etc. of the products/ items provided as Prize. Viacom18 and/or its affiliates / agents/representatives / partners /sponsors shall not be liable for any damage caused to any Participant /user of the product upon use of the product provided as Prize at any time whatsoever.
v. Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time-to-time, arising out of Prize, if any, shall be borne and paid by the respective Winners and no monies will be reimbursed by Viacom18 at anytime whatsoever. In case the Winners fail to comply with the applicable laws or pay the requisite taxes, duties or levies, if any, such Winners shall indemnify Viacom18 of any losses, claims, expenses, costs and actions for the same.
vi. The Participant agrees to indemnify and hold Viacom18, its affiliates, their directors, officers, employees, agents, partners, representatives, contractors, sponsors, and licensors/licensees harmless with respect to any claims arising out of Participant’s breach of any of these Terms and Conditions, the Participant’s / user’s use of the Website. The Participant /user agrees that he / she cannot sue or recover any damages from Viacom18 and/ or any of its directors, officers, employees, affiliates, agents, contractors, partners, representatives, and licensors/licensees as a result of Viacom18’s decision to remove or refuse to process any Prize /prize. In the event of any claim, the Participant will promptly adjust, settle, defend or otherwise dispose of such claim at its sole cost. If the Participant is not diligently and continuously pursuing this matter, Viacom18 may take such action on behalf of itself and/ or as attorney for the Participant, to adjust, settle, defend or otherwise dispose of such claim, in which case the Participant shall, reimburse Viacom18 for any costs and penalties incurred thereof or such other indemnity in the amount thereof.
vii. 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 PRIZE 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.
viii. Participation shall be governed by the terms and conditions as detailed hereinafter. Upon sending the correct ingredient (as per the terms of the Contest) as per the Answering Mechanism in accordance with the requirements and criteria as laid down herein, the Participant hereby agrees to have read and understood all the terms and conditions stated herein and agrees to abide by the same.
3. 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 Viacom18 i.e. https://www.colorsgujarati.com/. And the same shall further be subject to terms and conditions/terms of use of the Instagram page.
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) 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.
iv) Entries sent after the Period will not be considered for the Contest and shall be deemed null and void.
v) Participant(s) shall at all times ensure that the Entry adheres to the applicable laws in force in the territory of India.
vi) 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.
vii) 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 Viacom18and/or raise any claims or disputes in relation to the same.
viii) 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.
ix) 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.
x) 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).
xi) 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.
xii) 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.
xiii) 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.
xiv) 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.
xv) 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.
xvi) 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.
xvii) 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, Viacom18shall not be responsible or liable for any change in the Prize.
xviii) The Winner(s) agrees that he/she shall not hold Viacom18and/or its employees, responsible for delays or any problem in connection to the Prize.
xix) 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.
xx) 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.
xxi) 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. 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.
xxii) 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.
xxiii) 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.
xxiv) 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.
xxv) 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.
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) 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.
xxviii) 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 others or by fellow participants or disclosed to others, he or she should not enter the Contest.
xxix) The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with Viacom18and 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.
xxx) 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.
xxxi) 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.
xxxii) The decision of Viacom18 in connection with the Contest will be final & binding and is non-contestable.
xxxiii) 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.
