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Main Hoon Michael - Terms & Conditions
TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE ACTIVITY
By means of these terms and condition set forth herein (“Terms and Conditions”), the Company is conducting a promotional activity named “Main Hoon Michael ” (“Activity”) to promote the cinematographic film titled “Munna Michael” (“Film”) by providing an opportunity to the viewers to submit their Entry on the Whatsapp Number of the Company being +917506706904 (referred as “Entry Platform”) and get a chance to win the Gratification (as defined hereunder) on terms more particularly described herein below which you agree to be unconditionally bound by:
PROCEDURE FOR PARTICIPATION AND SELECTION
In order to participate in the Activity, each interested participant (“Participant(s)”) shall be required to submit his/her entry which contains dance video of any style (not exceeding 90 (ninety) seconds) either in the form of (i) solo dance or (ii) duet dance or (iii) group dance; throughout the Activity Period (as defined hereunder) (“Entry”). To submit the Entry, the Participant shall from their registered mobile number send their Entry on the Entry Platform.
Entry shall be accepted from 12:00 pm IST on June 09, 2017 and continue till 11:59 pm IST on June 22, 2017 (hereinafter collectively referred to as “Activity Period”).
The Company may promote this Activity through the medium of the Channel, Website, print media (newspapers), television (promos, astons, bugs etc.), on ground promotions, push sms, radio, digital media/ online and any other manner as shall deem fit by the Company, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Activity.
It is further clarified that the details of the Entry may be publicized on the channel named ‘&Pictures’ and any other channel owned and/or operated by the Company (“Channel”) and /or any other platform/medium other than the Entry Platform.
For purposes of the Activity, “receipt” of the Entry shall be considered by the Company only when the Entry submitted by Participant(s) is received by the Company and visible on the Entry Platform.
For the purposes of the Activity, a complete and valid Entry will constitute of receiving the Entry on the Entry Platform from the Participant(s) within the Activity Period. If the Participant(s) fails to make the Entry in the manner as stated hereinabove and/or is not a resident of India and/or has violated any guidelines published/messaged on the Entry Platform, then his/her Entry shall be considered incomplete and the Participant(s) shall not be eligible for the Gratification. For the avoidance of doubt, it is hereby clarified that by submitting the Entry, the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.
It is clarified that each Participant shall be required to submit only one (1) Entry on the Entry Platform from their registered mobile number. Entry received from the Participant(s) which is contrary to the terms contained in Clause I (1), Clause I (6) and Clause I (7) on the Entry Platform during or after the Activity Period shall be considered null and void.
The Participants shall ensure that the Entry submitted is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person (living or dead), religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person in a defamatory manner;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant(s) agrees that the Company has the right to remove any such material/Post which may not be in consonance with applicable law.
The Company shall not be responsible in the event Entry is not received due to any technical error and/or connection failure and/or electricity failure and/or for any reason whatsoever.
During the Activity Period, on the basis of the Participant(s) having made a valid Entry and contains dance video (not exceeding 90 (ninety) seconds, the Company at post verification of PI and Documents shall shortlist its sole discretion few Participants (“Shortlisted Participants”) who shall get a chance to perform in front of the expert jury in the next audition rounds to be held in (i) Ahmedabad (tentatively on June 18, 2017) (ii) Lucknow (tentatively on June 21, 2017) and (iii) Indore (tentatively on June 24, 2017) (“FirstAudition Round”). For the sake of clarity, the Shortlisted Participants shall be fully responsible for any and all costs including but not limited to food, accommodation, incidental cost and travel cost for the First Audition Round venue/location.
Basis the performance of each Shortlisted Participant in the First Audition Round, the Company along with the inputs from the expert jury select final nine (9) Participants (“Finale Participants”) who will be given a chance to perform in the on ground main event featuring Mr. Tiger Shroff (“Finale Round”) to be held in Mumbai tentatively on July 07, 2017. The Company along with expert jury at its sole discretion will select 1 (one) Participant (“Winner”) who shall receive the winning trophy and worldwide recognition as a performer on television platform (“Gratification”). For the sake of clarity, the Company shall bear the accommodation, food and travel cost of the Finale Participants to reach Mumbai where the Finale Round will be held. For avoidance of doubt, it is clarified that apart from the Gratification, the Winner shall be not entitled for any other gratification/ opportunity whether monetary or otherwise. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the form of the Gratification and the Participant shall have no claim in any manner whatsoever in this relation. The Participant understands and agrees that the Company shall have full discretion, without informing the Participant, to change the form of Gratification and the Participant shall abide by the Company’s decision to this effect.
For avoidance of doubt, it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the Winner shall be final and binding. The Company at any time during or after the expiry of the Activity Period shall at it sole discretion increase or decrease the number of Winner to be selected by the Company for being entitled to receive the Gratification. For the sake of clarity, mere submitting an Entry on the Entry Platform does not entitle the Participant(s) to receive the Gratification. Only the Participant(s) who have made a valid Entry on the Entry Platform before the end of the Activity Period shall get a chance to proceed further for the selection process in the Activity.
Shortlisted Participant(s) for the First Round Audition shall be intimated by the Company and/or by any other agency on behalf of the Company by directly messaging on the Entry Platform from which the Participant has submitted his/her Entry (“Intimation Message”) during the Activity Period. Such Shortlisted Participant(s) will be required to connect with the Company on the contact number/email id that shall be mentioned in the Intimation Message within 5 (five) hours from the delivery of Intimation Message on the Shortlisted Participant’s whatsapp number.
In case such Shortlisted Participant fails to revert to the Company within the aforesaid timelines, the shortlisting of that particular Participant shall be invalidated and the Company at its sole discretion may shortlist another Participant from amongst the eligible Participants. The Company 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 Participant(s) are un-reachable, due to which the Company is unable to intimate such Participant(s).
In case the Shortlisted Participant(s) reverts to the Company in a manner as said forth in Clause I (13) above, such shortlisted Participant(s) shall be required to adhere to the verification process of the Company which inter alia shall include sharing (i) the personal information (“PI”) of the selected Participant such as name, contact number, email address, age, gender, name of parents, residential address etc. (ii) identification documentation such as age proof, residence proof, their nationality proof (i.e., driving license, aadhar card, pan card, passport, election card, electricity bill, ration card) and (iii) latest registered mobile bill which contain the number from which the Entry was submitted on the Entry Platform (“Documents”). For the sake of clarity, such Intimation Message received by the Shortlisted Participant from the Company does not entitle Shortlisted Participant to receive Gratification unless the Shortlisted Participant furnishes all requisite PI and the Documents in a form and manner desired by the Company. Post receiving the PI and Documents of the Shortlisted Participant, the Company shall verify the necessary PI and the Documents at its end.
Once the PI and/or the Documents have been verified by the Company, the Company and /or any other agency on behalf of the Company shall inform the successful Shortlisted Participant about their advancement in the First Audition Round along with the date, time and location where the First Audition Round will be held. For the sake of clarity, the Shortlisted Participants shall be fully responsible for any and all costs including but not limited to food, accommodation, incidental cost and travel cost for the First Audition Round venue/location.
The Gratification given to the Winner by the Company is non-transferrable and non-exchangeable. The Winner agrees and undertakes that no cash equivalent or alternative gratification/ opportunity will be given to the Winner and the Winner cannot exchange the opportunity given for any kind of gift with value. Further, the opportunity given to the Winner is personal in nature, hence the Winner cannot transfer the opportunity to any other person.
The Winner shall not in any circumstances make any claims against the Company entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly or any related activity, to the extent permitted under law. If the Winner is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
Family members and relatives of the employees of the Company and their group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the Activity.
No dispute shall be entertained with regards to the selection criteria. Decisions of the Company shall be final and binding on the Participant(s).
The Shortlisted Participant(s) and/or the Winner may have to sign any release form or other relevant document as required by the Company in order to receive the Gratification from the Company.
The Shortlisted Participant(s) and/or Winner hereby agrees to release and discharge the Company from all Gratification and Activity related obligation on the Company delivering/ handing over the Gratification to the Winner.
All PI and Documents requested by and supplied to the Company by each Participant must be truthful, accurate and in no way misleading, failing which the Company reserves at its sole discretion the right to disqualify such Participant from availing the opportunity to participate in the Activity.
GENERAL TERMS AND CONDITIONS
Participation is open to all citizens who (i) are residing in India (ii) are within age group between 4 (four) years to 80 (eighty) years as on June 09, 2017 (iii) are medically fit (iv) have no criminal conviction and (v) an arrangement or a contract with any third party that prevents the Participant(s) from participating in the Activity. Documents pertaining to medical fitness must be furnished by the Participant on demand.
Each Participant must submit their Entry on their own behalf (save and except for minors (i.e. kids below the age of 18 (eighteen) years of age) in which case natural guardians/ parents/ legal guardians shall be allowed to submit Entry on behalf of their minor kids) and Entry submitted by proxy will not be accepted, even if the proxy is any of their family members. By submitting the Entry on the Entry Platform, the Participant(s) and natural/legal guardians (for minors) acknowledge that they have reviewed the entire Terms and Conditions and agree to the same.
The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Activity without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Activity on the Channel’s website www.andpictures.in (hereinafter referred as “Website”).
The Participant(s) hereby undertakes, warrants and guarantees to the Company that he/she has the full legal capacity to participate in the Activity in accordance with law and also these Terms and Conditions.
By participating in the Activity, the Participant(s) represents that he/she is medically fit and does not have present or past psychological problems. If in the past he/she has had any psychological problems or have been under medication for any psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to the Company in writing along with a copy of the certificate from a qualified medical practitioner declaring him to be fit for participation in the Activity.
Participant shall not be eligible as a Participant for the Activity if he/she is suffering from any kind of ill health, medical problems (viz. heart problem, blood pressure problem etc.).
Participant(s) represents that he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Company in writing. That the Participant(s) is /are not required to be present before any authority including police or any court of law for a term of twelve (12) months from the date of registration and has no other disability which would prevent or impede his/her participation in the Activity (if selected/shortlisted).
The Participant(s) acknowledges that he/she has voluntarily chosen to participate in the Activity at his/her free-will and is willing to bear all risk, costs (including but not limited to food, travel,incidental costs etc.) and consequences arising from such participation in the Activity.
The Company makes no representations, warranties nor provides any undertaking to any of the Participant(s) that any or all of the Participants will be able to qualify for receiving the opportunity to participate in the Activity.
The Company shall not be liable/responsible for any lost opportunity, damages, losses, costs, expenses or otherwise suffered/incurred by any of the Participant(s) in the event the Company is not able to permit the Participant to take part in the Activity in accordance with any of the foregoing provisions.
Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, to cancel the Activity or reschedule the Activity dates.
At no point of time will the Company be obliged to notify unsuccessful Participant(s) of its decision.
The Shortlisted Participant(s) and/or the Winner of the Activity agrees that he/she shall make himself/herself available from time to time and co-operate with the Company and participate in any activity and/or campaign relating to the Activity (“Promotional Activity”) of any nature whatsoever without any money payable to the Shortlisted Participant(s) and/or the Winner. Further, the Shortlisted Participant(s) and/or the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Shortlisted Participant(s) and/or the Winner gives his/her consent to the Company and/or any other agency on behalf of the Company to make the footage of the participation in the Promotional Activity. The Shortlisted Participant(s) and/or the Winner in consideration of being afforded an opportunity to take part in the Activity, agrees that the footage of any nature with regard to the Shortlisted Participant(s) and/or the Winner shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuityand the Company may exploit the same in any manner and in any media whatsoever at any time throughout the world.
The Participant(s) shall hold harmless and indemnify, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by the Participant(s) and/or Shortlisted Participants and/or the Winner in connection with the Activity and/or the Gratificationand also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
The Participant(s) and/or Shortlisted Participants and/or the Winner shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by the Company in connection with any act of the Participant(s)/ Shortlisted Participant/Winner and/or the Activity and/or Entry and/or any third-party rights claims with respect to the material submitted by the Participant(s)/ Shortlisted Participant(s)/Winner.
If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Mumbai.
The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.
Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Activity.
The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to the Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Activity whether or not caused by (1) the Participant’s participation in the Activity, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (3) any printing, typographical or technological errors in any materials associated with the Activity. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Activity. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.
The Participant/ Shortlisted Participant(s)/Winner agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Activity including but not limited to persons connected to the selection procedure for the Activity.
The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant Participant/Shortlisted Participant(s)/Winner arising as a result of his/her participation in the Activity.
Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.
Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise for the Winner, who is entitled to receive the Gratification.
The Participant/ Shortlisted Participant(s)/Winner hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Activity or due to any representations, misrepresentations or concealment of material facts by the Participant/ Shortlisted Participant(s)/Winner.