TERMS AND CONDITIONS

TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE ACTIVITY

Zee Entertainment Enterprises Limited (“Company”) is conducting an audition to select suitable challengers for the existing contestants in the dance reality show titled "Dance India Dance Season 6" (“Programme”) produced and organized by Essel Vision Production Limited (“Production House”) engaged by the Company ( both the Company and the Production House, collectively referred as the “Organizers”) by providing an opportunity to the viewers to submit their Entry on the Whatsapp Number of the Company being +91 8291940620 (referred as “Entry Platform”) (“Activity”). By virtue of participating in the audition, the Participant and their parent or guardian (“Guardian”) agrees to sign this terms and conditions and confirms to agree to abide by the same as mentioned below
I. PROCEDURE FOR PARTICIPATION AND SELECTION
1. 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 02 (two) minutes) in the form of solo dance along with his/her correct necessary personal information more particularly being (i) name (ii) email id (iii) mobile number (iv) age and (v) city (collectively to be referred as “Personal Information”); 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.
2. Entry shall be accepted from 18:00 IST on December 22, 2017 and continue till 23:00 IST on January 01, 2018 (hereinafter collectively referred to as “Activity Period”).
3. 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.
4. It is further clarified that the details of the Entry may be publicized on the channel named ‘Zee TV’ and any other channel owned and/or operated by the Company (“Channel”) and /or any other platform/medium other than the Entry Platform.
5. 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.
6. 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 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 to participate further in the selection process. 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.
7. 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) and Clause I (6) on the Entry Platform during or after the Activity Period shall be considered null and void.
8. 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, paedophilic, libellous, 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, defence, 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.
9. 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.
10. During the Activity Period, on the basis of the Participant(s) having made a valid Entry and contains dance video (not exceeding 02 (two) minutes) along with PI details, the Organizers at post verification of PI and Documents shall shortlist its sole discretion few Participants (“Shortlisted Participants”) who shall get a chance to audition for the Programme as a challenger to the contestants of the Program which shall be held tentatively in Mumbai. Date, venue and time for which shall be informed by the Organizers (“Audition 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 Audition Round venue/location.
11. For avoidance of doubt, it is clarified that the Organizers’s decision and prerogative in regard to the selection and declaration of the Shortlisted Participant(s) shall be final and binding. The Organizers at any time during or after the expiry of the Activity Period shall at its sole discretion increase or decrease the number of Shortlisted Participant(s) to be selected by the Organizers for being entitled to Participate in the Program. For the sake of clarity, this Terms and Conditions is only a call for entries and mere registration of the interested Participant on the Entry Platform does not confirm guaranteed participation and/or selection of the Participant(s) in the Activity and/or the Program. 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.
12. The Organizers and/ or any other agency of behalf of the Organizers shall make only one (1) attempt to contact the Shortlisted Participant(s) by calling on the mobile number of the Shortlisted Participant(s) registered with the Organizers (“Intimating Call”). In case the Shortlisted Participant(s) fails to pick up the Intimation Call or if the mobile number shows busy network/ out of coverage network, the selection of that particular Shortlisted Participant(s) shall be invalidated and the Organizers at its sole discretion may select another Participant(s) from amongst the eligible Participant(s) who qualify as per the criteria stated above . The Organizers 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) is un-reachable, due to which the Organizers is unable to intimate the Shortlisted Participant(s).
13. The Intimation Call shall have instructions on the process required to be adhered by the Shortlisted Participant(s) which inter alia shall include 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 documents to the Organizers 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, electricity bill, ration card). In the event the Shortlisted Participant(s) and/or the Legal Guardian of the Participant is a Non-Resident Indian (“NRI”) all requisite documentation requested by the Company and/or the Production House including visa and other ancillary permits need to be presented at the Location where the Activity will held (“Documents”). For the sake of clarity, The Shortlisted Participant shall not be allowed to participate in the Activity unless the Shortlisted Participant furnishes all requisite PI and the Documents in a form and manner desired by the Organizers. Post receiving the PI and Documents of the Shortlisted Participant, the Organizers shall verify the necessary PI and the Documents at its end
14. Once the PI and/or the Documents have been verified by the Organizers, the Organizers and /or any other agency on behalf of the Organizers shall inform the successful Shortlisted Participant about their advancement in the next round along with the date, time and location. 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 Audition Round venue/location.
15. The opportunity given to the Participant(s) is personal in nature, hence the Participant cannot transfer the opportunity to any other person.
16. The Participants 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 Participant(s) 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.
17. 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.
18. No dispute shall be entertained with regards to the selection criteria. Decisions of the Company shall be final and binding on the Participant(s).
19. The Shortlisted Participant(s) may have to sign any release form or other relevant document as required by the Company in order to participate further in the Activity and/or the Program of the Company.
20. 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.
21. By participating in the Activity, 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 Activity will be deemed acceptance to abide by the same.
II. GENERAL TERMS AND CONDITIONS
1. Each participant should (i) be either citizen/ resident of the Republic of India; or a NRI (ii) be within age group between 15 (fifteen) years to 35 (thirty five) years as on December 21, 2017 (iii) be medically fit (iv) not have any criminal conviction and (v) not have 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.
2. 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.
3. 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 Facebook Page i.e. “http://www.facebook.com/ZeeTvIndia/” and/or Channel’s website “xhotporns.com” (collectively referred as “Website”).
4. The Participant(s) hereby undertakes, warrants and guarantees to the Organizers that he/she has the full legal capacity to participate in the Activity in accordance with law and also these Terms and Conditions.
5. 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 Organizers in writing along with a copy of the certificate from a qualified medical practitioner declaring him to be fit for participation in the Activity.
6. Participant shall not be eligible as a Participant for the Activity if he/she is suffering from any kind of critical health problems.
7. 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 Organizers 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).
8. 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.
9. The Organizers 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.
10. The Organizers 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 Organizers is not able to permit the Participant to take part in the Activity in accordance with any of the foregoing provisions.
11. Notwithstanding any other provisions mentioned herein, the Organizers may, at its sole and absolute discretion, to cancel the Activity or reschedule the Activity dates.
12. At no point of time will the Organizers be obliged to notify unsuccessful Participant(s) of its decision.
13. The Shortlisted Participant(s) of the Activity agrees that he/she shall make himself/herself available from time to time and co-operate with the Organizers 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). Further, the Shortlisted Participant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Shortlisted Participant(s) gives his/her consent to the Organizers and/or any other agency on behalf of the Organizers to make the footage of the participation in the Promotional Activity. The Shortlisted Participant(s) 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) shall vest with the Organizers, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and the Organizers may exploit the same in any manner and in any media whatsoever at any time throughout the world.
14. The Participant(s) shall hold harmless and indemnify the Organizers 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 in connection with the Activity and 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 Participant(s) and/or Shortlisted Participants shall hold harmless and indemnify the Organizers 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/Production House in connection with any act of the Participant(s)/ Shortlisted Participant 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).
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 any 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 Organizers 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 Organizers 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.
2. The Organizers 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 Organizers; and/or (3) any printing, typographical or technological errors in any materials associated with the Activity. Notwithstanding the generality of the foregoing, the Organizers 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 Organizers 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 Organizer ’s reasonable control.
3. The Participant/ Shortlisted Participant(s) agrees that he/she shall hold harmless the Organizers, 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.
4. The Organizers 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) arising as a result of his/her participation in the Activity.
5. The Organizers 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.
6. The Organizers shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise for the Participant, due to his participation in the Activity.
7. The Participant/ Shortlisted Participant(s) hereby agrees to indemnify the Organizers 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).