TERMS AND CONDITIONS
‘AUDITION CALL FOR ENTRY’ (“Contest”)
Viacom18 Media Private Limited (hereinafter referred to as "Organizer(s)"/ “Viacom18”) is the owner and broadcaster of the reality television program provisionally titled “Roadies Revolution (“Program”). This Program shall be produced by a third-party production house (‘Producer’) for and on behalf of Viacom18.
The Program is a reality show where the Participants (defined hereinafter) perform certain tasks given to them from time to time and Participants get eliminated basis the rules of the tasks and Program. The Program requires mentally and physically strong Participants to participate in various tasks and only those Participants who are ready for such challenges and have the psychological strength to withstand the risks and efforts involved in the tasks are advised to apply. Those applicants who are selected as per absolute discretion of the Organizers after Auditions (defined hereinafter) and further screening shall have a chance to participate along with other casted participants.
This Contest is organized by Viacom18 and is open to all individual participation who (“Participants”):
- If citizens of India and hold valid proof of citizenship;
- If foreign national, have all required permissions such as work permits, visas, statutory registration documents etc from relevant authorities as may be required to enable them to legally participate in the Audition and/or the Program and their participation shall be subject to 10 (iii) of this Terms and Conditions;
- Are above 18 (eighteen) years of age;
- Are viewers of the Program;
- Have and are able to provide a valid email address to Viacom18 when required;
- Have downloaded the Voot mobile application (owned and operated by Viacom18) on their mobile phone device and/or any other device (“Voot App”) and registered themselves on the Voot App.
- The Participant agrees that he/she will be required to submit all valid proofs of name/ age/ address/ nationality/citizenship and/or any other document if and as may be required by Viacom18 from time to time.
2. Contest Period
- The Contest shall commence on 5th Dec 2019 at 12:00 am (“Contest Start Date”).
- The Contest is open for participation in following 4 (four) cities of auditions and shall conclude for each city as per below end dates for each city (“Contest End Date”):
- Delhi: Contest participation end date on 3rd Jan at 11:59 pm;
- Chandigarh: Contest participation end date on 3rd Jan at 11:59 pm;
- Kolkata: Contest participation end date on 3rd Jan at 11:59 pm;
- Pune: Contest participation end date on 3rd Jan at 11:59 pm;
Both (i) and (ii) shall collectively be referred to as “Contest Period”, which shall end for each city on such dates as is stated in (ii) above or may be till such other date as determined by Viacom18 in its sole discretion.
- Entries received after the Contest End Date for each city shall not be entertained and shall be considered ineligible for the Contest for that particular city entry. The Contest End Date or the Contest Period may be extended and/or modified at the sole discretion of Viacom18 and the same shall be updated on the Voot App at the discretion of Viacom18 or intimated as may be determined by Viacom18 at its sole discretion and the Participants shall be responsible to keep themselves updated by checking the terms and conditions / any amended terms and conditions with respect to any change /modification made in the terms thereof and any and all such modifications shall apply to all the Participants.
3. Contest Question
Viacom18 will invite participation from the viewers of the Program to provide their responses to the contest question i.e “Aap Roadie banke kaunsa revolution laana chahoge?” (“Contest Question”). The Contest Question might be refreshed/changed and communicated from time to time to the viewers of the Program during the Contest Period at the sole discretion of Viacom18 and the Contest Video (defined later) shall be strictly in relation to the Contest Question. The Contest Questions shall be displayed on the Voot App, in the “Roadies Revolution” page and/ or any other page on the Voot App and on television channel(s) of Viacom18.
4. Contest Video – Participation Mechanism:
- Participants will be required to share their entry by recording their response to the Contest Question in the form of an audio-visual recording (“Contest Video”) and submit the same on the Voot App in the manner as instructed and detailed on the Voot App.
- Any recording of the Participant sent as an entry/Contest Video other than as per mentioned in the Contest guidelines/the terms detailed herein and/or in accordance with the specifications on the Voot App shall be deemed to be an invalid entry and Viacom18 shall not be responsible or liable for any claims arising therefrom.
- The Participant shall ensure that the duration of the Contest Video shall be minimum 5 (five) seconds and maximum up to 30 (thirty) seconds. Any Contest Video which does not adhere to the aforesaid duration will be rejected.
- The Participant shall further be required to select one of the cities of audition out of 4 (four) cities where the on-ground audition for participation in the Program are proposed to be conducted, namely:
- In the event the Participants uploads Contest Video on the Voot App multiple number of times before the end of the Contest Hours for each Contest Day / Contest End Date during the Contest Period, Viacom18 at its discretion shall select the first entry of the Contest Video as the Participant’s entry for the purpose of selection/ eligibility of the Contest.
- The contents of the Contest Video shall be, at all times subject to the S&P guidelines as detailed in Annexure A hereto. In the event the Contest Video is not as per the S&P guidelines, the Contest Video shall be deemed disqualified.
- Participant understand in order to participate in the Contest, the Participant will be required to download the Voot App, follow the registration process as displayed therein and submit the Contest Video in the manner as prescribed hereinafter. Participation process shall include the following steps:
- The Participant shall be required to click on the link as displayed on the Voot App, in the ‘Roadies’ section and login/complete the registration process by using their social media logins such as Facebook or Google account etc as may be provided there. Basic information of each Participant such as inter alia, i) Name, ii) Date of Birth, iii) Gender, iv) Address, v) Nationality, vi) email address, vii) online social media accounts, viii) Contact number/ mobile; ix) City; x) State; xi) existing social media account details (vide which the Participant has chosen to log in); (xii) Basic details publicly available on their social media accounts etc. may be made available to Viacom18 due to participation/ registration using their social media logins and after filling in/ providing all the required details, the Participant shall upload / submit the Contest Video as per the instructions, steps and specifications detailed herein and detailed within the Voot App from time to time.
- By submitting the information on the Voot App, through documents, social media links, and /or otherwise, the Participant hereby waives all privacy rights and/or any other rights including but not limited to proprietary rights, copyrights, etc. and/or any privacy expectations that the Participant may have with respect to the use of the information furnished by the Participant in any manner. Viacom18 and/or Producer may use the information for sending out commercial information and/or for other commercial, publicity or promotional purposes and the Participant shall not raise any objection against the same.
6. Selection of Winners
- Each entry shall be adjudged by the jury engaged by the Organizer for this Contest and evaluated basis the quality of the Contest Video and most creative responses of each entry. The Organizer shall choose up to 5 (five) best entries for each cities of audition (as listed in above points) basis the entries received prior to Contest End Date for such city audition entry during the Contest Period from amongst the Participants who have provided the most creative/entertaining responses in the form of the Contest Videos and in accordance with the terms and conditions herein (“Winners”). Each Winner shall be intimated in a manner deemed fit by the Organizer.
- The Organizer may choose to announce the shortlisted Participants as the Winners of the Contest subject to the following:
- Each shortlisted Participants may receive a telephonic call/ interview from the Organizer either during or after the Contest Period for second round of selection and verification purposes. The Organizer will attempt to contact such shortlisted Participants twice. In case the shortlisted Participant is not reachable on the number provided or any other means of contact as may be instructed by the Organizer, the Organizer reserves the right to select another Participant as the shortlisted Participants. The shortlisted Participants acknowledges, agrees and understands that receipt of such calls from the Organizer shall not, in any manner, be deemed or considered as any indication that the shortlisted Participants may be selected/ declared as a Winner and such shortlisted Participants shall not be entitled to make any claims or demands on the Organizer based on the receipt of such calls. Shortlisted Participants will be considered to be Winners only when he/she has been specifically declared as the Winner and not merely because he/she has been contacted by Organizer or any person claiming to be representing the Organizer or any sponsor or associated with the Contest. Mere participation in the Contest and sending the Contest Videos does not entitle the Participants to win the Contest or the Gratification/ Prize and the Winners will be selected by the Organizer based on a telephonic interview as per above. The selection process may vary and shall be as per the Organizer’s sole discretion. The Participants or any third party shall have no right to question the process of selection. The Organizer may determine the correctness, quality and validity of each Contest Videos in their sole discretion.
- The shortlisted Participants as soon as being informed by the Organizer of them being shortlisted as the Winner is required to approach the Organizer, in a manner, determined by the Organizer, within 2 (two) days of being informed and confirm the acceptance of the Gratification/ Prize along with providing requisite details, his/ her personal information, copy of citizenship proof, identity proof, PAN number, address proof, copy of valid passport, etc. and such other details as may be required by the Organizer of the Winner.
- The shortlisted Winner would also be required to sign a release letter or a long form agreement or such other related documentations in the format required by the Organizer. Refusal by the shortlisted Winner to execute such documentations in accordance with the Organizer’s terms and conditions shall amount to refusal of the Gratification/ Prize and the Organizer shall be entitled to choose and declare any other shortlisted Participants as the Winner of the Contest.
- The Organizer reserves the right to cancel the Gratification/ Prize, remove a shortlisted Participants even after announcement of such shortlisted Participants as the Winner and announce another Winner in place of the originally announced Winner if:
- the documents or details of the Winner are not correct in the opinion of the Organizer; or
- documents so required are incomplete, misleading or untrue; or
- the Winner do not sign the release letter/ long form agreement/ forms required, if any, by Organizer; or
- the Winner do not comply with the requirements and instructions of Organizer.
- if the Winner do not approach the Organizer within 2 (two) days of the announcement of the Gratification/ Prize;
- If it comes to the notice of the Organizers that the Contest Video is not original and has breached the representations and warranties provided herein including infringement of copyright;
- For breach of any other terms of this Contest or any other reasons deemed fit by the Organizer determined at its sole discretion.
- The shortlisted Participants understand and acknowledge that in the event that he/she cannot comply with any of the requirements indicated by the Organizer for any reason, such shortlisted Participants shall not be considered as a Winner and such shortlisted Participants hereby waives all the rights to claim the Gratification/ Prize or make any other claims against the Organizer with respect to this Contest.
- The shortlisted Participant(s) who have provided the required details and submitted the documents within required timelines provided above to the satisfaction of Organiser, will be selected and declared by Organiser as the Winners of the Contest.
7. Gratification/ Prize
- Each Winner will get the “jump the queue” pass to the Program on-ground audition to their selected city audition and said ‘jump-the-queue’ pass will enable such Winner to skip the participation line at the on-ground audition and first stage of audition performance and enable them to directly enter the next stage of audition process i.e ‘group discussions’ and/or ‘personal interview’, as applicable (“Prize”). For sake of clarification, said ‘jump the queue’ pass gratification shall only enable the Winner to skip the queue of the on-ground audition process, however, post the jump-the-queue stage, said Winners are required to follow the entire audition procedure of participation and selection of the Program as applicable to all other participants and their further selection will be subject to such rules, regulations and terms and conditions of audition process of the Program and subject to the sole discretion of the judges of the Program. Judges and the Organizer’s decision shall be final and binding at all times.
- Organizer shall not be liable for the travel and other related expenses required to be undertaken by the Winners in order to avail/ utilize the Prize and no claims shall be entertained by the Organizers.
- The Winner understands that this is a one-time opportunity to jump-the-queue and participate in the audition of the Program. The date and exact venue of each city audition shall be informed by the Organizer on such platform as deemed appropriate by the Organizer. The Winners shall make themselves present at the location at such time as informed by the Organizer. Inability of any Winner to make himself/herself present to avail the Prize for any reason whatsoever shall result in the disqualification of the Winner and disentitlement to the Prize. The Winners shall have no claims whatsoever against the Organizer for any reason.
- The Organizer shall have the right to click photographs, take pictures, shoot audio-visuals, tape, record, exhibit or portray them as the Winner and/or publish any content recorded during the participation and utilization of the Prize and exploit it at discretion of Viacom18. By participating in the Contest and accepting the Prize, the Winners waive all copyrights and any related rights and consents of the Organizer’s right to click photographs, take pictures, shoot audio-visuals, tape, record, exhibit or portray them as the Winners and/or publish any content / Contest Video submitted by them. The Winner further grant irrevocable consent in perpetuity to use, edit, exhibit, publish and/or exploit the same, in any and all applications including advertising, commercials, promotion, stories, text, illustrations, articles and commercial exploitation, throughout the world, in any and all media, mode or format whether now existing or hereinafter developed, including but not limited to radio, broadcast and television, newspapers, magazines, and electronic media, at any time without the Winners’ further knowledge or consent and without any compensation whatsoever.
- It is specifically clarified that the Winner should not carry, and shall not be entitled to take, any electronic equipment into the venue, including their mobile phones, tablets, laptops, cameras, etc., and/or any other recording devices. In case the Winner carry any such electronic equipment to the venue, they will be required to deposit the same outside the venue at their sole risk and liability. The Organizer or the venue shall in no manner or circumstance, accept any responsibility or liability for the electronic equipment carried and/or deposit by the Winner. No recording will be allowed around or within the venue and no recording of the meet and greet will be allowed in any circumstance.
- Further, all Winner shall maintain absolute confidentiality with respect to the storyline and contents during utilization of the Prize, audition details, Program, venue, shoot related aspects shown to and/or come to the knowledge of the Winner prior to the release of the same in India. All the Winners undertake not to divulge, publicize or disclose any details whatsoever, with respect to the meet and greet by the Winner, to any other person or on any media platform, including on-air, on-print and/or online.
- The Organizer shall have the right, at its sole discretion, to change/ modify/ replace or omit the Prize listed above and the Winners shall not have the right to claim any damages or monies from the Organizer. By participating in this Contest, the Winners waive their right to make any such or other claims against the Organizer.
- The Organizer takes no any responsibility, liability or any other expenses for the Winners and does not take any responsibility or liability in case the meet and greet is cancelled or re-scheduled for any reason whatsoever.
- Notwithstanding anything contained herein, Organizer shall not be responsible to bear or reimburse any costs and expenses incurred by the Winner in availing the said Prize and/or incurred otherwise. All such costs / expenses incurred by the Winner in availing the said Prize and/or incurred otherwise shall be borne solely by the Winners.
- For the purpose of clarification and avoidance of doubt, the Prize does not include any personal expenses of the Winner and the Winner shall be responsible for any additional expenses/incidental expenses required to be incurred to avail the Prize and/or incurred otherwise.
- The Winners hereby represent and warrant that they will comply with all the Rules associated with the Contest including but not limited to the Terms & Conditions mentioned herein and associated with the Prize, and that the Winners shall personally be liable for any breach thereto.
8. The participation shall be governed by the terms and conditions as detailed hereinafter. Upon submitting the Contest Video (as per the terms of the Contest) on the Voot App 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.
9. The Terms and Conditions of and in relation to this Contest 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 in the Contest through the Voot App 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. These terms and conditions contained herein shall subsist until the first 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.
10.By virtue of participation and registration, the Participant hereby agrees to the following conditions and undertakes as follows:
- The Participant is competent to contract and does not suffer from any disqualification or such other infirmity which may cause the contract to be void or voidable at the option of the Participant.
- The Participant confirms that he/she is an adult and is entitled to enter into a valid agreement. The Participant acknowledges that he/she has voluntarily chosen at his/her free-will to participate in the Contest and is willing to bear all risks, costs & consequences arising from such participation in the Contest and/or the Program.
- The 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 Viacom18 and /or Producer. That the Participant is 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 application and has no other disability which would prevent his/her participation in the Contest.
- Any foreign national participating in the Audition and if selected participating in the Program shall be required to procure all required permissions such as work permits, visas, statutory registration documents etc from relevant authorities as may be required to enable them to legally participate in the Audition and if selected participating in the Program. The Organizer shall have right to disqualify such Participant at any time during the Audition and if selected participating in the Program in the event the documents, details of the Participants are not correct, or the documents so required are incomplete, misleading or untrue or such other reasons which the Organizer deems fit in its sole opinion. The foreign national participating in the Audition and if selected participating in the Program hereby understands that in event required work permits, visas or any other statutory requirements from relevant authorities are not procured by such foreign national to participate in the Audition and if selected participating in the Program, it may lead to arrest/ deportation of such foreign national from India or such other actions as such relevant authority may deem fit. The foreign national hereby agrees that the Organizer shall not be in any manner responsible for any damages, loss of opportunities or any other loss, claims, expenses etc arising from participation in the Audition and/or Program. The foreign national hereby agrees to fully indemnify the Organizers against any claims for expenses, damages, or any other payments of any kind, including but not limited to that arising from his/her actions or omissions while participating in the Audition and/ or the Program or arising from any representations, misrepresentations or concealment of material facts.
- Employees of Viacom18 and /or Producer and/or their associates and affiliate companies/ sponsors of Viacom18, will not be qualified for the participation in the Contest and requested not to register for the same.
- The registration does not guarantee the selection of the Participant’s Contest Video to be displayed /exhibited in the Program and /or on the Voot App and/or otherwise and such selection including the selection criteria /process shall be as per the sole discretion of Viacom18 at all times. The Participant shall not and waives any right to question the selection/evaluation process, non-selection of the application / entry and/or the selection of any other applicant/participant.
- The number of Participants to be selected through any and all the participation mechanism and the number of Participants who shall be finally selected for the Program shall be at the sole discretion of Viacom18 at all times and decision of Viacom18 shall be final and binding.
- In the event of large number of registrations, the chance to be selected may be strictly on submission of the application on the first come first basis till closure of the Contest Hours for each Contest Day. No further requests for participation shall be entertained by Viacom18. Viacom18 reserves its right to reduce / extend the Contest Hours, Contest Period as per its sole discretion at any point of time. Viacom18 reserves the sole discretion to change/modify the terms of this Contest at any time without prior intimation.
- The Participant acknowledges, agrees and undertakes to abide at all times by all the rules, regulations, terms and conditions for this Contest as laid down herein and as determined / modified from time to time by Viacom18.
- The Participant and/or Winners may be required to sign / execute a declaration/ registration form/ release letters/ long form agreement for participation in the Contest and/or for availing the Gratification these terms and conditions along with the terms of the declaration form, if any as required by Viacom18 shall govern the Participant’s participation in the Contest.
- Viacom18 shall have the sole discretion to discontinue/cancel the Contest at any point of time and the Participant shall not raise any claim due to such discontinuation or cancellation at any time whatsoever.
- The Participant understands and undertakes that for him/her to be able to claim the Gratification, it is his/her responsibility to pay all the direct taxes and other ancillary charges (gift tax, income tax, etc.) to the relevant authorities and furnish the relevant challans to Viacom18 on request.
- Taking part in the registration process shall be deemed to be consent by the Participant to receive promotional messages about the shows and programs of the Viacom18 and messages relating to the Program from Viacom18 and/or any third party so authorized by Viacom18.
- In the event of any violation to the aforementioned or in case it comes to the knowledge of Viacom18 that the details submitted by the Participant in the application are not correct or in case the Participant does not meet the Eligibility criteria mentioned in these Terms & Conditions, the Participant may immediately be disqualified from being considered to be a Participant for the Contest and shall solely remain liable for any action (criminal/civil) arising therefrom.
- The Participant who shall be required to submit the KYC documents including documents for age proof, address proof or any such other document as required by Viacom18 within 24 hours (or such other time as sole decided and/or communicated by Viaocm18) of receipt of communication from Viacom18. In case the Participant fails to meet the Eligibility criteria or fails to provide the necessary KYC document within 24 hours (or such other time as sole decided and/or communicated by Viaocm18) of receipt of communication from Viaocm18, Viacom18 shall forfeit the Gratification of the said Participant and the Participant shall be disqualified from further participation in the Contest.
- The Participant hereby agrees to indemnify Viacom18, the Producer and their respective affiliates, sponsors, directors, officers, employees, agents, representatives from and against any claims that might arise from their actions or omissions or arising from any misrepresentation, or concealment of material facts or breach of any representations, obligations or terms as stated herein.
- If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, technical failure in transmission, on the Voot App and/or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Viacom18 reserves the right, at its sole discretion, to disqualify any individual who may be responsible or who tampers with the entry /Contest process, and/or to cancel, modify or terminate the Contest and/or any part thereof. Further, Viacom18 reserves the right to take legal action against such Participant who has committed a breach under the Cyber laws (Information Technology Act, 2000 including all its amendments thereof) and/or any other laws as may be applicable from time to time and Viacom18 shall be entitled to such remedies in law as applicable.
- Viacom18 shall not be held responsible in the case of a server shut-down or loss of Participant’s Contest Video and/or data.
- Viacom18 shall not be responsible for any delay in receipt or non-receipt or incomplete receipt or corrupt receipt of Contest Video / other details of the Participant. Viacom18 shall not be responsible for any technical difficulties or data corruption that may arise during recording/upload of the Contest Video/content. Further, Viacom18 shall not be responsible and/or liable in any manner whatsoever in case the Participants are unable to register their entry and participate in the Contest due to failure on part of the internet service provider, facility provider, etc. Winners shall be intimated as per the contact details given. Viacom18 does not accept any responsibility in case the Winner(s) do not respond to the calls (maximum three call attempts shall be made) or communication from Viacom18 and/or its representatives or Viacom18 is unable to contact the Winner(s) due to any any incorrect and/or incomplete communication detail provided by the Participant and/or delay in receipt of communication and/or non-receipt of such communication due to technical reasons (such as network errors) or Winner is unable to respond for any reason whatsoever. In such cases, Viacom18 shall forfeit the Gratification for the said Participant and the Participant shall not raise any claim on Viacom18 in any manner whatsoever.
- All the Winners shall be either directly contacted by Viacom18 and/or its representatives and the Winners for each Contest Day shall be announced in a manner as deemed fit by Viacom18 in due course of time including displaying the names of the Winner(s) on Voot App. The Participant shall be solely responsible to check the results of the Contest for each Contest Day on Voot App from time to time.
- The Participant hereby represents that he/she is not under any exclusive contracts with any other third party/ agency or is not under any kind of disqualification under law to enter into an agreement with Viacom18 as the case may be and/or to participate in the Contest.
- The Participants shall at all times make themselves aware of the selection process and all details regarding the Contest which he/she might be informed of or which he/she might learn or come to know of as a Participant in the Contest.
- Viacom18 reserves the right to change/ modify these terms and conditions and/ or criteria of the Contest, at any time at their sole discretion, without any prior notice and without assigning any reasons for the same. The Participants shall make themselves aware of any change in the terms and conditions/rules of the Contest by visiting the Voot App from time to time and the Participants shall be bound by any such revised /amended terms and conditions/amended rules. Viacom18 shall not be responsible and/or liable towards any Participant and/or any third party in relation to the same.
- The decision of Viacom18 in connection with the Contest including without limitation the winning Participants and the Gratification / prize, the mode and timelines of the delivery of the Gratification etc. shall be final and binding and is non-contestable. In case of any dispute or difference in respect of this Contest, the decision of Viacom18 shall be final and binding on all the Participants including all the person / parties concerned.
- The selected Participants whose Contest Video has been selected to be telecasted / exhibited in the Program and/or on the Voot App and /or otherwise shall not be intimated by Viacom18. In case the Participant wants to check if their Contest Video has been published on Voot App and/or otherwise, the Participants shall be required follow the Program on the television and/or to browse the Voot App to check if their Contest Video has been selected to be published on the Voot App and/or the Program and/or otherwise. The decision of Viacom18 on all matters relating to the Contest Video including the Contest Video selected for publishing on the Voot App for a limited duration shall be final and binding and Viacom18 shall not entertain any questions, correspondence, and enquiries on the manner of conduct /evaluation and/or selection criteria of the Contest and/or of selection of any Contest Video for publishing on the Voot App from any person /party whatsoever.
- Apart from the prospective entitlement of the Contest Video of the selected Participant to be declared as Winner (and thus eligible for Gratification) and/or being selected to be played /telecasted during the Program and/or published on Voot App and/or otherwise, as per the sole creative discretion of Viacom18, subject to selection and written intimation by Viacom18 to such selected Participant(s) (as decided by Viacom18 as per its sole discretion), the Participant/selected participant or his/her legal heirs will have no other rights or claims against Viacom18/Producer and their respective affiliates/sponsors, etc. Further, Viacom18 has the sole, unfettered and absolute discretion to select the Participants for participation in the Contest and that Viacom18’s decision in this regard is final and absolute.
- Viacom18 shall not be liable for any loss, damage, injury, mental/psychological issues like anxiety, depression, stress etc. or even death caused to the Participant during his/her participation in the Contest during the Contest Period and /or any time thereafter.
- Viacom18 will also not be liable for any loss of earnings, employment, opportunity and/or otherwise caused to the Participant and arising as a result of his/her participation in the Contest.
- Viacom18 shall have the absolute right to replace the Winner’s Contest Video(s) published on Voot App and/or telecast in the Program and/or otherwise from time to time as per its discretion and creative requirements without any liability to any Participant / person/party whatsoever.
- The Participant should not have any criminal records, or such other issues hampering participation in the Contest and hereby agrees that Viacom18 shall have sole authority at its discretion to disqualify any Participant from participation in the Contest at any time. Viacom18 shall also have the right to disqualify a Participant/Winner and choose another Winner in case any such person is unable to provide an email address and any other relevant details required by Viacom18 to contact the Winner and/or provide the gratification, or for any other reason, as required by Viacom18.
- All registrations shall be subject to completion of the procedures by the Participant as per instructions given by Viacom18 or the authorized representatives of Viacom18, if any. Viacom18 shall not be liable for any failure of receipt or incomplete registrations. The Participant shall retain the registration code, voucher code or any other communication sent by Viacom18 in relation to the Contest, if any.
- Participation in this Contest implies acceptance, without protest, of all the rules set forth by Viacom18 for the Contest and the terms and conditions herein contained. Acceptance of the terms and conditions by the Participant irrespective of such participation leading to final selection or not, constitutes permission for Viacom18 and/or Producer including any party authorized by Viacom18 to click photographs, call and/or record videos of the Participant through any mode/medium and use the Participant’s name, photographs, likeness, voice, audio-video, comments for advertising and promotional purposes in any mode, media, format, medium for worldwide territory for purposes of advertising and trade without any compensation whatsoever.
- To enable registration of a Participant and/or to make the Gratification available to the Winners, personally identifiable information which may include without limitation name, complete address, date of birth, citizenship details, passport details, email id, twitter handle/ account name, facebook handle/ account name, etc. of the Participants/Winner ("Personal Information") may be collected by the Organizer to enable the Organizer to administer and promote this Contest and the Winners. If Participants do not truthfully provide all requested Personal Information, the Organizer may determine that such Participants are not eligible to receive the Gratification in this Contest.
- On request of Viacom18, the Participant may be required to make arrangements for Viacom18 to have access to his/her residence, work place, etc. and obtain necessary permissions from his/her parents, siblings, friends, colleagues to be photographed, interviewed and to record or click their photographs, videos etc. Furthermore, if the Contest Video features any person other than the Participant, the Participant shall be solely required to take the necessary consent/permissions from such person(s) appearing in the Contest Video and the Participant shall indemnify Viacom18 from and against any claims with respect to the same.
- Any photographs, Contest Videos, audio visual recordings, audio / video clips, performance executed (including audio and video), musical recordings (audio and video), content, materials, audio / video clips, bytes, etc. provided/uploaded/ submitted by the Participants on the Voot App and/or otherwise (‘Content’) shall upon creation /submission be deemed to have been assigned exclusively, in perpetuity, and throughout the entire world, in favor of Viacom18 and shall become the property of Viacom18 and accordingly all intellectual property rights including copyrights as per the Copyright Act, 1957 and/or any other equivalent provision thereof under applicable laws, in the Content shall vest with Viacom18 and Viacom18 shall have unfettered exploitation rights in and to the Content, through any and all modes and medium of exploitation, throughout the world in perpetuity. The Participant expressly agrees to his /her subsequent participation, if any being recorded and telecast as a part of the Program or otherwise on the Voot App and/or for promotion of the Program and/or on a stand-alone basis, as required by Viacom18 through any mode, mediums and formats, whether existing now, or developed in future (“Recording”) and all the all rights (including intellectual property rights) in and to such Recording shall be deemed to have been assigned exclusively, in perpetuity, and throughout the entire world, in favor of Viacom18. The Participant hereby grants to the Channel and Viacom18/its affiliates/group companies etc., the unfettered right to exploit exclusively and in perpetuity, throughout the universe, the Content and /or Recording, and its derivatives thereof and/ or any part thereof, through any and all means including but not limited to the right to use the Participant’s name, photographs, likeness, voice, audio visual / videos, photographs, videos, Content, Recording, etc. provided/submitted as aforesaid to Viacom18 and/or recorded by Viacom18 / Producer during the Contest and/or during the Program through all media including without limitation television, radio, print, mobile, internet and/or any other such media, technology in existence, whether now known or devised in the future, from time to time, for unlimited transmission in perpetuity for the territory of entire world, as the Channel/Viacom18, may deem fit. Viacom18 shall not be obliged to exploit the Content /Recording (if made), into the final version of the Program. The Participant agrees that on submission/creation of the Content Contest Video, all intellectual property rights including copyrights in the Content/Recording/Contest Video shall vest with Viacom18 and shall be available to Viacom18 for exploitation through any and all modes, mediums, platforms, throughout the world in perpetuity. The Participant hereby agrees that Viacom18 shall have complete, unfettered and exclusive exploitation rights in and to the Content /Recording and have all the rights to exploit, edit, integrate other content with Content/Recording, distribute, exhibit, sell, transfer, license, sub-license, monetize and exploit the Content/Recording on various platforms and through various format, modes, media including but not limited to satellite, internet, digital, cable, wireless networks (Wireless LANs, WIFI, Broadband) WAP, imode any other modes of wired or wireless distribution or exploitation via radio frequencies etc. whether circuit switched or packet switched. These shall include linear transmission or re-transmission of Content /Recording via terrestrial, satellite television, MMDS,SMATV, DTH, IPTV, HITS, SSL, XDSL, DBS, cable television, mobile technologies, internet etc. streaming through internet / broadband / IPTV/ WAP/ iMode / other Mobile Technologies, digital TV (including DBV-H, DBV-T etc.), all forms of on demand (SVOD, TVOD, AVOD, NVOD, PPV etc.) whether free or pay & shall include Free TV & Pay TV and shall also include all forms of non-linear transmission/exploitation including through web, internet, IPTV, mobile, applications, etc. Interactive multimedia, clips, Home Video Rental & Sell Through (including DVD, Compact Disc, Laser Disc, Blue Ray Discs, Video Compact Disc, Video Cassette, Videograms, embodying in any manner in any storage medium, VHS and such other rights), Download to Own, Download to Rent, commercial video, Internet multimedia, communication to public within aircrafts, Railways, Ships, boats, vessels, surface transport and hotel and commercial establishment rights and also include modes, media and formats of exploitation: (i) in existence now, (ii) in existence now but not in commercial use on the date of execution hereof, and (iii) as may be developed in future.
- The Participant agrees and acknowledges that Viacom18 has exclusive creative prerogative in respect of the Program and the nature and manner of editing of the Program and/or the Contest Video shall be as per the sole creative discretion of Viacom18 including all rights to edit/modify the Content/ Contest Video and integrate other content /materials/Contest Video with the Content / Recording for the purpose of exploitation and/or for creating promos for marketing and promotional purposes.
- The Participant does not and shall not have any right to receive or claim any remuneration/compensation, fees at any time whatsoever, towards the usage /exploitation of the Content /Contest Video by Viacom18 and/or any party authorized by Viacom18 and further the Participant hereby irrevocably grants and assigns to Viacom18, free and clear of any and all claims, all of the Participant’s rights and interests in such Content / Recording exclusively and in perpetuity, throughout the world, and in all media, now or later known or devised.
xix. The Participant shall ensure that the photos and/or Contest Videos including the statements, comments, remarks made by the Participant in the Contest Video or otherwise by him/her in any public domain in relation to the Contest and/or Program including but not limited to their performances in the Contest Video are not obscene, vulgar, defaming, derogatory or objectionable, denigrating women or children, hurting religious sentiments, depicting violence or shall not comment on any matters that are sub-judice or shall not infringe the rights of a third person and shall not infringe copyright, right of privacy or any other rights whatsoever of any person nor violate any applicable Indian or international laws, statutes. Further, the Participant shall be solely responsible to obtain all necessary permissions, licenses, approvals etc. as may be required prior to submitting the Contest Video(s) to Viacom18 and any third party claims/objections received if any shall be solely resolved by the Participant without involving Viacom18 in any manner whatsoever.
xx. The Participant hereby represents and warrants that he/she will comply with all the terms and conditions stated herein including without limitation all rules, regulations, policies as communicated by Viacom18, and/or its parent, subsidiary, and affiliate companies in relation to the Contest.
xxi. Under no circumstance, shall Viacom18 and/or their directors, employees, officers, affiliates or subsidiaries, be liable to the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. The Participant specifically agrees not to file in person/through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum in India against Viacom18 and/or their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Contest / Program.
xxii. The Participants hereby agree and undertake that they shall not accept or undertake to accept or give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate their winning the Contest. Any knowledge of such an act shall lead to immediate disqualification of such Participants and Viacom18 shall be entitled to take any and all action(s) against such Participants, as deemed fit by it.
xxiii. The Participant agrees to indemnify and hold harmless Viacom18/Producer its affiliates and their respective employees, officers, directors and agents, sponsors, contractors, etc. from and against any claim, loss, liability, damages, cost (including legal costs) of any person, firm or corporation, including, without limitation, legal fees, arising out of any breach by the Participant of any representations, misrepresentations or concealment of material facts and/or the Participant’s actions or omissions while participating in the Contest and/or the Program and/or breach of any terms of this agreement, warranty, performance and/or any of the terms and conditions as stated herein or in event if any of Viacom18’ rights get affected in any manner whatsoever. 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. In addition to the above indemnities by the Participant, the Participant waives any right of inspection or approval of or, in and to any Contest Video /content and/or video shoot and/or Content /Recording including any other recording and exploitation of the same by the Viacom18 in any manner whatsoever.
xxiv. The grant of rights, representations, warranties, indemnities given by the Participant and the Participant’s confidentiality obligations contained herein and any such provision that is intended to survive and/or by its very nature should survive, shall survive the expiration of the term as contained herein.
xxv. The terms and conditions shall be governed, interpreted by and construed in accordance with the laws
of India and the Courts of Mumbai, India shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon this terms and conditions.
I HEREBY AGREE, CONFIRM AND DECLARE THAT THE INFORMATION I HAVE PROVIDED / SUBMITTED HEREIN IS TRUE AND CORRECT AND I FURTHER AGREE THAT I HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS FOR MY APPLICATION/PARTICIPATION AND I HEREBY CONFIRM TO COMPLY WITH THE SAME. ALL INFORMATION GIVEN BY ME, WHETHER ORALLY OR IN WRITING IS TRUE AND COMPLETE AND THAT I SHALL BE RESPONSIBLE AND LIABLE TO INDEMNIFY VIACOM18, IT’S AFFILIATES, ITS LICENSORS, PRODUCER, CONTRACTORS/REPRESENTATIVES/AGENTS/PARTNERS AGAINST ANY LOSS/DAMAGE/CLAIMS, ETC. ARISING DUE TO ANY MISREPRESENTATION AND/OR INCOMPLETE INFORMATION PROVIDED BY ME AND /OR ANY ACT AND/OR OMISSION ON MY / PART AND I AGREE TO BE BOUND BY THE RULES AND TO THE TERMS AND CONDITIONS SET OUT ABOVE.
1. Ensure the Contest Videos do not denigrate or defame the Organizer, the Program or the host/participants/housemates/any crew of the Program.
2. Ensure the Contest Videos do not contain threats or threatening language towards any person especially women.
3. Ensure the Contest Videos do not disrespect national emblems, any government office or office bearers (ex. PM Modi), political parties or leaders.
4. Ensure no abusive language, nudity or obscene gestures are permitted in the and no direct abuses towards the contestants are contained therein.
5. Ensure no brands or sponsors are defamed.
6. Ensure there is no mention of any religion, caste or community.
7. Avoid content related to sub-judice cases from public domain.