TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE CONTEST TITLED “&PICTURE 4TH BIRTHDAY BASH”

ZEE Entertainment Enterprises Limited (“Company”) is conducting a contest title “& Picture 4^th Birthday Bash ” (“Contest”) at its sole discretion to celebrate completion of 4 (four) years of Company’s movie genre channel titled “&Pictures” (“Channel”) on August 18, 2017 (“Contest Date”) whereby the Company is providing an opportunity for the interested participants (“Participant(s)”) to participate in the Contest by answering all questions which shall be asked by the Company throughout the  Contest Date (as defined below) during the telecast of several movies on the Channel (“Entry Platform”) through a short messaging service (“SMS”) on terms more particularly described herein below. You agree to be unconditionally bound by the Terms and Conditions as provided herein below:

I.                    PROCEDURE FOR PARTICIPATION AND REGISTRATION:

1.          Throughout the Contest Date, the Company shall broadcast 4 (four) movies on the Channel starting from 09:30 am IST and ending on 20:00 pm IST (“Contest Period”) wherein the Company shall ask the Participant(s) a total of 4 (four) multi choice questions (i.e. 1 (one) question for each movie) related to such movies (“Questions”) during its commercial breaks in a manner as shall be deemed fit by the Company and each Participant shall be required to submit his/ her answers to Questions asked on the Entry Platform during the Contest Period (“Entry”) in the following manner: 

a.           The Participant(s) shall submit the Entry containing the correct answer for the Question(s) asked on the Entry Platform by sending an SMS to 57575 from the Participant(s) registered mobile number in the following manner:

b.       An automated message stating “Thank you for participating in the contest! Keep watching &pictures! *T&C Apply.”shall be sent from the Entry Platform to the same mobile number from which the Participant has submitted the Entry;

c.       If the Participant submits the Entry in an incorrect format then the Participant’s incorrect Entry submitted through SMS, shall be considered to be incomplete and shall be considered null and void.

d.       The SMS shall be charged at premium rates laid down by respective telecom operators whose services are availed by the Participants;  

e.       For sake of clarity it is stated that all Entry(ies) should be sent from the personal/ self-owned registered mobile number of the Participant and any Entry(ies) sent from any public or unidentified number shall not be considered valid by the Entry Platform and the same shall be disqualified;

f.        The Participant shall be allowed to make multiple number of Entries from the same registered mobile number for Question(s) asked on the Entry Platform, however it is clarified that sending several number of Entries shall not make the Participant eligible to win the Gratification and/or increase the chance of winning the Gratification.

2.          Entries shall be accepted during the Contest Period only and any Entry received by the Company post the Contest Period shall be considered as null and void.

3.          The Company shall promote this Contest 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 Contest.

4.          It is further clarified that the details of the Entry may be publicized on the Channel and /or any other platform/medium other than the Entry Platforms.

5.          It is further clarified that the details of the Entry will be saved and stored in the company’s data bank/ server to be utilized and publicized only for the purpose of the Contest.

6.          For purposes of the Activity, “receipt” of the Entry shall be considered by the Company only when SMS system of respective network providers of the mobile number of the Participant successfully records SMS submitted by the Participant on the SMS Code provided by the Company. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt.

7.          If the Participant(s) fails to make the Entry in the manner as stated hereinabove and is not a resident of India then his/her Entry shall be considered incomplete and the Participant(s) shall not be eligible for participation for the purpose of Contest. For the avoidance of doubt, it is hereby clarified that by submitting the Entry the Participant is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.

8.          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.

9.          The Company shall not be responsible in the event Entry is not received, and also for technical disruption and/or telecom operators network error of any nature whatsoever that results in an Entry to not being received.

10.      On the expiry of the Contest Period, on the basis of the Participant/s having made a valid Entry and having given the correct answer for all Questions, the Company shall shortlist all such Entries and by way of a randomizer round to be held at the sole discretion of the Company shortlist and the select 20 (twenty) Participants (“Shortlisted Participants”) who shall be entitled to receive a gift voucher worth INR 9,999/- (Indian Rupees Nine Thousand Nine Hundred and Ninety Nine only) of any digital shopping website as shall be deemed fit by the Company (“Gratification”) subject to verification process as mentioned in Clause I (13) to Clause I (16). For avoidance of doubt it is clarified that apart from the Gratification, the Shortlisted Participants shall be not entitled for any other gratification whether monetary or otherwise. The Participant understands and agrees that the Company shall have full discretion, without informing the Participant, to change the form/ type of Gratification and the Participant shall abide by the Company’s decision to this effect.

11.      For avoidance of doubt it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the Shortlisted Participant(s) shall be final and binding. The Company at any time during or after the expiry of the Contest Period shall at it sole discretion increase or decrease the number of Shortlisted Participants. Only the Participant(s) who have made a valid Entry in accordance with Clause I (1), shall get a chance to proceed further for the selection process in the Activity.

12.      For the sake of clarity, mere submitting an Entry does not entitle the Participant(s) to get an opportunity to be entitled to receive the Gratification. Only the Participant(s) who have made a valid Entry by giving correct answer for any Question and who are shortlisted and declared as the Shortlisted Participant(s) based on the criterion mentioned hereinabove, by the Company at its discretion shall be entitled to get the opportunity to receive the Gratification.

13.      Each Shortlisted Participant shall be intimated by the Company or any other agency on behalf of the Company on the Shortlisted Participant’s by making 1 (one) call attempt on the registered mobile number from which the Participant had submitted the Entry on the Entry Platform (“Intimation Call”). In case the Shortlisted Participant fails to pick up the Intimation Call or if the mobile number shows busy network/ out of coverage network, the selection of that Shortlisted Participant shall be invalidated and the Company at its sole discretion may select another Shortlisted Participant from amongst the eligible Participant(s) who qualify as per the criteria stated above to receive the Gratification. 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 Shortlisted Participant is un-reachable, due to which the Company is unable to intimate the Shortlisted Participant.

14.      The Intimation Call shall have instructions on the process required to be adhered by the Shortlisted Participant(s) which inter alia shall include sharing the personal information (“PI”) of the Shortlisted Participant(s) such as name, contact number, email address, age, gender, name of parents, residential address etc. The Shortlisted Participant(s) shall be requested to furnish/submit documents to the Company such as age proof, residence proof, latest mobile phone bill and their nationality proof (i.e., driving license, pan card, Aadhar card, passport, election card) (“Documents”).

15.      In the event the Shortlisted Participant fails to provide the above mentioned PI and/or Documents or fails to adhere to the instructions as mentioned on the Intimation Call, the Shortlisted Participant’s selection shall be invalidated and the Company shall not be liable to that Shortlisted Participant in any manner whatsoever. Additionally, the Company may at its sole discretion select another Shortlisted Participant from amongst the eligible Participant(s), who qualify as per the criteria stated above.

16.      Once the PI and/or the Documents have been verified by the Company and is found in order, the Company and /or any other agency on behalf of the Company shall inform such Shortlisted Participant about the selection as one of the winner of the Activity and that he/she shall be entitled to the Gratification on the email id informed by the Shortlisted Participant during verification process and/or the Intimation Call. For the sake of clarity, 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 Shortlisted Participant is unable to receive the Gratification.

17.      The Gratification given to the Shortlisted Participant by the Company is non-transferrable and non-exchangeable. Participant(s) agrees and undertakes that no cash equivalent or alternative gratification/ opportunity will be given to the Participant(s) and the Participants cannot exchange the opportunity given for any kind of gift with value.  Further, the opportunity given to the Shortlisted Participants is personal in nature hence neither the Shortlisted Participants can transfer the opportunity to any other person nor bring any friend/ relative/ family member.

18.      The Shortlisted Participant 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, to the Shortlisted Participant’s participation in the Contest or any related activity, to the extent permitted under law. If the Shortlisted Participant is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.

19.      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 Program.

20.      No dispute shall be entertained with regards to the selection criteria. Decisions of the Company shall be final and binding on the Participant.

21.      The Shortlisted Participant will have to sign any release form or other relevant document as required by the Company in order to receive the Gratification from the Company.

22.      The Company shall not be responsible for any technical error and/or defect and/or any other faults/flaws that are found out by the Shortlisted Participants on receipt of the Gratification. For avoidance of doubt, it is clarified that by choosing any particular brand/service of the digital shopping websites, the Company in no manner promotes, endorses or supports any particular brand.

23.      The Shortlisted Participants hereby agrees to release and discharge the Company from all Gratification and Contest related obligation on the Company delivering/ handing over the Gratification to the Shortlisted Participant.   

24.      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 any Shortlisted Participant from availing the opportunity to participate in the Contest.  

25.      By participating in the Contest, it is construed that the Participant(s) has read and understood these Terms and Conditions, Privacy Policy including the General Terms and Conditions stated below and Participant(s)’ act of participation in the Contest will be deemed acceptance to abide by the same.

II.              GENERAL TERMS AND CONDITIONS

1.    Participation is open to adult citizens who (i) are residing in India; (ii) is above 18 (eighteen) years of age (as on August 18, 2017); (iii) is 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 Contest. Documents pertaining to medical fitness must be furnished by the Participant on demand.

2.    Persons must enter the details on their own behalf and Entry(ies) by proxy will not be accepted, even for their family members.

3.       The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw or revoke 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 Company i.e. www.andpictures.in (“Website”).

4.    The Participant hereby undertakes, warrants and guarantees to the Company that he has the full legal capacity to participate in the Contest in accordance with law and also these Terms and Conditions.

5.    By participating in the Contest, the Participant represents that 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 Contest.

6.    Participant shall not be eligible as a Participant for the Contest if he/she is suffering from any kind of ill health, medical problems (viz. heart problem, blood pressure problem etc.).

7.    Participant 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 Contest (if selected/shortlisted).

8.    The Participant acknowledges that he/she has voluntarily chosen to participate in the Contest at his/her free-will and is willing to bear all risk, costs and consequences arising from such participation in the Contest.

9.    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 Contest.

10.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 that the Company is not able to permit the Participant to take part in the Contest in accordance with any of the foregoing provisions. 

11.Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the Contest date and at such date and location as it may determine and the Shortlisted Participant shall be required to be physically present on such rescheduled date and place in order to avail the opportunity to participate in the Contest. If the Shortlisted Participant fails to be present on such rescheduled date and time then the Shortlisted Participant shall be considered to have lost his chance/ claim over the opportunity to participate in the Contest and the Company shall in no event be responsible to address the Shortlisted Participant claim or communications relating to the participation in the Contest.   

12.At no point of time will the Company be obliged to notify unsuccessful Participant of its decision.

13.The Shortlisted Participant of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with the Company and participate in any Contest and/or campaign relating to the Contest and/or Channel (“Promotional Activity”) of any nature whatsoever without any money payable to the Shortlisted Participant. Further, the Shortlisted Participant shall at no point of time refuse or disagree to participate in any such Promotional Contest for any reason whatsoever. The Shortlisted Participant 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 in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Shortlisted Participant 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.

14.          The Participant(s) and/or the Shortlisted Participant 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 the Shortlisted Participant in connection with the Contest 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.

15.   The Shortlisted Participant/Participant(s) 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 and/or the Contest and/or post and/or Entry and/or any third party rights claims with respect to the material submitted by the Participant(s)/Shortlisted Participant.   

III.              OTHER TERMS

1.       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.

2.       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.

3.       The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.

4.       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.

IV.              NO LIABILITY

1.       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 Program.

2.       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 Contest or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Contest whether or not caused by (1) the Participant’s participation in the Contest, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (4) any printing, typographical or technological errors in any materials associated with the Contest. 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 Contest. 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.

3.       The Participant 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 Contest including but not limited to persons connected to the selection procedure for the Contest.

4.       The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant and arising as a result of his/her participation in the Contest, if selected.

5.       Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Contest on account of any force majeure factors or otherwise.

6.       Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise, enroute while coming to location as to receive the Gratification as intimated to Participant for this Contest.

7.       The Participant 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 Contest or due to any representations, misrepresentations or concealment of material facts by the Participant.

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