TERMS AND CONDITIONS
Sunday Interactivity (“Contest”)
VIACOM18 MEDIA PRIVATE LIMITED (hereinafter referred to as “Organizer(s)”/ “Viacom18”) has acquired the license to produce and broadcast in India the television program provisionally titled “Big Boss”– Season 16 (“Program”) based on the format-based show viz. “Big Brother” owned by Endemol Shine Group B.V. (the “Format”). This Program shall be produced by a third-party production house (‘Producer’) for and on behalf of Viacom18 primarily for the purpose of telecast on Viacom18’s channel namely “Colors” (“Channel”).
The Program is a reality show where the housemates (‘Contestant’) staying in the Big Boss House perform certain tasks given to them, and nominate other housemates for eviction from the Program, and the housemate who gets the least number of votes from the viewers, will be eliminated from the Program.
Viacom18 is conducting a contest in relation to the Program titled “Sunday Interactivity” (“Contest”) whereby the Participant(s) shall be required to send a short audio-visual recording or a text message to support the Contestants of the Program along with the reason (“Content Answers”); out of which Viacom18 shall select and publish best audio-visual clippings submitted on Channel and/or any other platform as per its sole discretion.
- This Contest is organized by Viacom18 and is open to all individual participants who (“You/Participant(s)”):
- Are citizens of India and hold valid proof of citizenship and are residing in India;
- Are above 18 (eighteen) years of age;
- Are viewers of the Program;
- Have downloaded and registered themselves through Viacom18’s over the top internet based digital video platform called ‘VOOT’ either through its mobile application or website or mobile site (hereinafter collectively referred to as “VOOT”);
- Have and are able to provide a valid email address to Viacom18 when required and
- The Participant(s) agree 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.
- The Contest is not open to the permanent and/or contract employees and directors of the Company, its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively, "Viacom18 Entities/Company Entities") and each of their immediate family members are not eligible to enter the Contest.
- Contest Period:
- The Contest shall tentatively commence from 06th October 2022 at 18:00 hours (IST) and will end on the first airing of last episode or finale episode of the Program on the Channel or until such date as deemed fit by Viacom18 or till such other date as determined by Viacom18 ("Contest Period") subject to changes as per the discretion of Viacom18.
- The Contest shall open every week during the Contest Period and shall commence immediately after the first airing of the respective episode on the Channel every day and shall tentatively be valid for a period of 1(one) week (“Contest Week”) and so on until the first airing of finale episode of the Program on the Channel; subject to changes as per the discretion of Viacom18.
- Entries received after a given Contest Week and/or Contest Period shall not be entertained and shall be considered ineligible for the Contest for that particular Contest Week and/or Contest Period. The Contest Period may be extended and/or modified at the sole discretion of Viacom18 and the same shall be updated on the Channel and/or VOOT at the discretion of Viacom18 and the Participant(s) 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 Participant(s).
- Contest Questions:
Viacom18 will invite the Participant(s) to send their messages and/or responses in the form of Contest Video(s) (defined later) and/or a text message, stating which Contestant do they support along with the reason (“Contest Question”). The Contest Answers shall be strictly in relation to the Contest Question.
- Contest Video(s):
- Participant(s) will be required to share their entry by sending an audio-visual recording in response to the Contest Question (“Contest Video(s)”) and submit the same on VOOT in the manner as instructed and detailed on VOOT, for selection by Viacom18, at its sole discretion to telecast / exhibit the selected Contest Video(s) in any other manner on any other platforms, including Channel and/or VOOT (mobile application, website, and/or mobile site) or any other platforms or channels as per Viacom18’s sole discretion.
- Any recording of the Participant(s) sent as an entry/Contest Video(s) other than as per mentioned in the Contest guidelines/the terms detailed herein and/or in accordance with the specifications on VOOT shall be deemed to be an invalid entry and Viacom18 shall not be responsible or liable for any claims arising therefrom.
- The Participant(s) shall ensure that the duration of the Contest Video(s) shall be minimum 30 (thirty) seconds and maximum up to 120 (one hundred and twenty) seconds, shall be of size less than 50 MB (megabytes). Any Contest Video(s) which does not adhere to the aforesaid duration will be rejected. The Participant(s) may upload his/her Contest Video(s) on VOOT multiple number of times before the end of the Contest Week during the Contest Period. Viacom18 may at its sole discretion select the last Contest Video(s) sent as the Participant(s)’s final / last entry for the purpose of selection and consider any entry thereof. Notwithstanding anything contained herein, it is expressly stated that Participants are required to ensure that no third-party application videos are submitted as part of the Contest Videos and further that third party application videos, if any, submitted by Participants will be deemed an invalid / ineligible entry for the purposes of this Contest and Viacom18 shall not be responsible or liable for any claims arising therefrom. Viacom18’s decision in this regard shall be final and binding and no questions shall be entertained in this regard by any Participant or any third party.
- The Participant(s) shall ensure that the Contest Answers submitted by them does not contain any Prohibited User Content as defined in Annexure A. Viacom18 reserves the sole right and discretion to disqualify Contest Answers if it is of the opinion that the said Contest Answers falls under the category of Prohibited User Content. Viacom18’s decision in this regard shall be final and binding and no questions shall be entertained in this regard by any Participant(s) or any third party.
- Method of Participation:
In order to participate in the Contest, the Participant(s) will be required to download VOOT (i.e., mobile application or visit the website/mobile site) and follow the registration process as displayed therein and submit the Contest Video(s) in the manner as prescribed hereinafter. Participation process shall include the following steps:
- The Participant(s) shall be required to click on the Program page as displayed on the VOOT application/website/mobile site and click on ‘Sunday Interactivity” section and complete the registration process by entering details/fields which may include such details as, inter alia, i) name, ii) age, iii) address, iv) nationality, v) email id, vi) online social media accounts, vii) contact number mobile; viii) contact number landline, etc. and after filling in all the required details the Participant(s) shall upload / submit the Contest Video(s) and/or message as per the instructions, steps and specifications detailed herein and detailed within the VOOT app/website/mobile site from time to time subject to changes as per the discretion of Viacom18
- The Participant(s) can go to “Vote, Play & Win” section as displayed on the VOOT application/website/mobile site and click on ‘Sunday Interactivity” banner and complete the registration process by entering details/fields which may include such details as, inter alia, i) name, ii) age, iii) address, iv) nationality, v) email id, vi) online social media accounts, vii) contact number mobile; viii) contact number landline, etc. and after filling in all the required details the Participant(s) shall upload / submit the Contest Video(s) and/or message as per the instructions, steps and specifications detailed herein and detailed within the VOOT app/website/mobile site from time to time subject to changes as per the discretion of Viacom18.
- By submitting the information on VOOT, through documents and /or otherwise, the Participant(s) 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(s) may have with respect to the use of the information furnished by the Participant(s) in any manner. Viacom18 and/or Production House may use the information for sending out commercial information and/or for other commercial, publicity or promotional purposes and the Participant(s) shall not raise any objection against the same.
- Selection Of Contest Answers:
- At the end of each Contest Week during the Contest Period, Viacom18 and/or its representatives will select the eligible Contest Answers submitted during Contest Period.
- In the event that Viacom18 is of the opinion that none of the Contest Answers are eligible to be selected, then Viacom18 may exercise its discretion not to select any Contest Answers.
- Viacom18 has the right to verify the authenticity of each Contest Answers uploaded as part of the Contest and the Participant(s) are required to comply with the requests of Viacom18 to verify the authenticity of the content of their Contest Answers submitted to Viacom18.
- Viacom18 reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. The decision of Viacom18 in this regard shall be final and binding upon the Participant(s).
- During the Contest Period, the selected Contest Answers will be telecasted on the Channel and/or on VOOT (app/website/mobile site) and/or any other platform as per as per Viacom18’s sole discretion.
- All decisions of Viacom18 shall not be subject to any appeal of any nature whatsoever. By participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to dispute Contest and/or any decision(s) made by Viacom18.
- Each Participant(s) consents to the use of information supplied by the Participant(s), to the extent possible under any applicable laws of India, in any media for further promotional, marketing and publicity purposes without any further payment or other compensation to the Participant(s) by Viacom18 and its affiliates.
- The Participant(s) shall not in any circumstances make any claims against Viacom18 or the Viacom18’s affiliates/entities/representatives arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the participation or non-participation in the Contest or any related activity.
- If Viacom18 so elects, Participant(s) will be required to submit to a confidential background check to confirm eligibility and may even be required to sign a release letter on the format provided by Viacom18 and help ensure that the Participant(s)will not bring Viacom18 Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Viacom18 as determined in their sole discretion.
- It is expressly stated that this Contest is to enable the Participant(s) to give support their favorite Contestant and therefore, there are no prize(s)/gratification being distributed for participating in the Contest.
- LIMITATIONS OF LIABILITY: BY ENTERING THE CONTEST, EACH PARTICIPANT(S) ACKNOWLEDGES AND AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST ETC., , SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED AND ASSOCIATED WITH ENTERING THE CONTEST (IF ANY), NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL VIACOM18 AND/OR VIACOM18 ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL PUNITIVE, OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER DIRECT OR INDIRECT, ARISING IN ANY WAY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
- Participation shall be governed by the terms and conditions as detailed hereinafter. Upon submitting the Contest Video(s) (as per the terms of the Contest) on VOOT in accordance with the requirements and criteria as laid down herein, the Participant(s) hereby agrees to have read and understood all the terms and conditions stated herein and agrees to abide by the same.
- 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(s) and Viacom18, that states the terms that govern the Participant(s)’s participation in the Contest through VOOT and/or any other platform as communicated hereunder. By clicking on the ‘Submit’ icon, the Participant(s) 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 airing/streaming 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 Participant(s).
- By virtue of participation and registration, the Participant(s) hereby agrees to the following conditions and undertakes as follows:
- The Participant(s) are competent to contract and do 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(s).
- The Participant(s) confirm that he/she is an adult and is entitled to enter into a valid agreement. The Participant(s) acknowledge 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(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 Viacom18 and/or Production House . That the Participant(s) 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.
- The registration does not guarantee the selection of the Participant(s)’s Contest Video(s) to be displayed /exhibited in the Program and /or telecasted/streamed on the Channel and/or VOOT and/or otherwise and such selection including the selection criteria /process shall be always as per the sole discretion of Viacom18. The Participant(s) shall not and waive any right to question the selection/evaluation process, non-selection of the application / entry and/or the selection of any other applicant/Participant(s).
- The selected Contest Answers shall be always at the sole discretion of Viacom18 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 the first come first basis till closure of the Contest Period. No further requests for participation shall be entertained by Viacom18. Viacom18 reserves its right to reduce / extend the Contest Week, 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(s) acknowledge, agree and undertake 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(s) may be required to sign / execute a declaration/registration form for participation in the Contest and/or release letter and/or a declaration form, if any as required by Viacom18 shall govern the Participant(s)’s participation in the Contest.
- Viacom18 shall have the sole discretion to discontinue/cancel the Contest at any point of time and the Participant(s) shall not raise any claim due to such discontinuation or cancellation at any time whatsoever.
- Taking part in the registration process shall be deemed to be consent by the Participant(s) 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(s) in the application are not correct or in case the Participant(s) does not meet the Eligibility criteria mentioned in these Terms & Conditions, the Participant(s) may immediately be disqualified from being considered to be a Participant(s) for the Contest and shall solely remain liable for any action (criminal/civil) arising therefrom.
- The Participant(s) 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 (twenty-four) hours (or such other time as sole decided and/or communicated by Viaocm18) of receipt of communication from Viacom18. In case the Participant(s) 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 have a right to disqualify the Participant(s). .
- The Participant(s) hereby agree to indemnify Viacom18and 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.
- General Terms:
- 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 VOOT 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(s) 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)’s Contest Video(s) and/or data.-
- Viacom18 shall not be responsible for any delay in receipt or non-receipt or incomplete receipt or corrupt receipt of Contest Answers/ other details of the Participant(s). Viacom18 shall not be responsible for any technical difficulties or data corruption that may arise during recording/upload of the Contest Video(s)/content/ Contest Answers. Further, Viacom18 shall not be responsible and/or liable in any manner whatsoever in case the Participant(s) are unable to register their entry and participate in the Contest due to failure on part of the internet service provider, facility provider, etc. Viacom18 does not accept any responsibility in case the Participant(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 Participant(s) due to any any incorrect and/or incomplete communication detail provided by the Participant(s) and/or delay in receipt of communication and/or non-receipt of such communication due to technical reasons (such as network errors) or Participant(s) are unable to respond for any reason whatsoever. In such cases, Viacom18 disqualify the said Participant(s) and the Participant(s) shall not raise any claim on Viacom18 in any manner whatsoever.
- The Participant(s) 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 Participant(s) 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(s) 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 Participant(s) shall make themselves aware of any change in the terms and conditions/rules of the Contest by visiting VOOT (app/website/mobile site) from time to time and the Participant(s) shall be bound by any such revised /amended terms and conditions/amended rules. Viacom18 shall not be responsible and/or liable towards any Participant(s) and/or any third party in relation to the same.
- The decision of Viacom18 in connection with the Contest including without limitation the selection of the Contest Video(s) 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 Participant(s) including all the person / parties concerned.
- The selected Participant(s) whose Contest Answers has been selected to be exhibited in the Program and/or streamed/telecasted on VOOT and /or Channel and/or otherwise shall not be intimated by Viacom18. In case the Participant(s) wants to check if their Contest Answers has been telecasted and/or published on Channel and/or VOOT and/or otherwise, the Participant(s) shall be required follow the Program on the Channel to check if their Contest Answers has been selected to be telecasted and/or streamed on the Channel and/or VOOT and/or otherwise. The decision of Viacom18 on all matters relating to the Contest Answers including the Contest Video(s) selected for publishing on VOOT and/or telecasted on the Channel and/or such other platforms as per the discretion of Viacom18, 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(s) for publishing on VOOT from any person /party whatsoever.
- Apart from the prospective entitlement of the Contest Answers of the selected Participant(s) to be telecasted on the Channel and/or VOOT and/or otherwise, as per the sole creative discretion of Viacom18, the Participant(s) or his/her legal heirs will have no other rights or claims against Viacom18/Production House and their respective affiliates/sponsors, etc. Further, Viacom18 has the sole, unfettered and absolute discretion to select the Participant(s) 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(s) 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(s) and arising as a result of his/her participation in the Contest.
- Viacom18 shall have the absolute right to replace the Contest Answers including the Contest Video(s) telecasted on Channel and/or VOOT and/or from time to time as per its discretion and creative requirements without any liability to any Participant(s) / person/party whatsoever.
- All registrations shall be subject to completion of the procedures by the Participant(s) 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(s) 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(s) irrespective of such participation leading to final selection or not, constitutes permission for Viacom18 and/or any party authorized by Viacom18 to click photographs, call and/or record videos of the Participant(s) through any mode/medium and use the Participant(s)’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.
- If the Contest Video(s) features any person other than the Participant(s), the Participant(s) shall be solely required to take the necessary consent/permissions from such person(s) appearing in the Contest Video(s) and the Participant(s) shall indemnify Viacom18 from and against any claims with respect to the same.
- a) Any photographs, Contest Video(s), text messages, 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 Participant(s) on VOOT 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(s) expressly agrees to his /her subsequent participation, if any being recorded and telecast as a part of the Program or otherwise on VOOT 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(s) hereby grants to VOOT 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)’s name, photographs, likeness, voice, audio –visual / videos, photographs, videos, Content, Recording, etc. provided/submitted as aforesaid to Viacom18 and/or recorded by Viacom18 /Production House 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 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(s) agrees that on submission/creation of the Content Contest Video(s), all intellectual property rights including copyrights in the Content/Recording/Contest Video(s) 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(s) 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(s) 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(s) shall be as per the sole creative discretion of Viacom18 including all rights to edit/modify the Content/ Contest Video(s) and integrate other content /materials/Contest Video(s) with the Content / Recording for the purpose of exploitation and/or for creating promos for marketing and promotional purposes.
- The Participant(s) does not and shall not have any right to receive or claim any remuneration/compensation, fees at any time whatsoever, towards participation in the Contest and/or the usage /exploitation of the text messages and/or Contest Video(s) by Viacom18 and/or any party authorized by Viacom18 and further the Participant(s) hereby irrevocably grants and assigns to Viacom18, free and clear of any and all claims, all of the Participant(s)’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(s) shall ensure that the photos and/or Contest Answers including the statements, comments, remarks made by the Participant(s) in the Contest Answers 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 Answers 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(s) shall be solely responsible to obtain all necessary permissions, licenses, approvals etc. as may be required prior to submitting the Contest Answers to Viacom18 and any third-party claims/objections received if any shall be solely resolved by the Participant(s) without involving Viacom18 in any manner whatsoever.
xx. The Participant(s) 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(s) and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. The Participant(s) 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.
- The Participant(s) 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 the selection of their Contest Answers. Any knowledge of such an act shall lead to immediate disqualification of such Participant(s) and Viacom18 shall be entitled to take any and all action(s) against such Participant(s), as deemed fit by it.
xxiii. The Participant(s) agrees to indemnify and hold harmless Viacom18 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(s) of any representations, misrepresentations or concealment of material facts and/or the Participant(s)’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(s) will promptly adjust, settle, defend or otherwise dispose of such claim at its sole cost. If the Participant(s) is not diligently and continuously pursuing this matter, Viacom18 may take such action on behalf of itself and/ or as attorney for the Participant(s), to adjust, settle, defend or otherwise dispose of such claim, in which case the Participant(s) 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(s), the Participant(s) waives any right of inspection or approval of or, in and to any Contest Answers including the Contest Video(s) /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(s) and the Participant(s)’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 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, PRODUCTION HOUSE, 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.
PROHIBITED USER CONTENT
The following is a partial list of the kind of Contest Answers that is illegal or prohibited. Viacom18 reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Contest Answers. Prohibited Contest Answers including Contest Video(s) includes content that you should not host, display, upload, modify, publish, transmit, update or share including information that:
- Relates to personal or sensitive personal information about yourself or any third party;
- is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- contains nudity, violence, or offensive subject matter;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- exploits people in a sexual or violent manner;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses, including in your account profile;
- violates the copyright, trademark or other intellectual property rights of any other person;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes;
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, hurts religious sentiments, promotes hate/enimity against any particular caste/community disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to the Contest;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- does not denigrate or defame Viacom18, the Program or the host/Participant(s)/Contestants/any crew/ brands or sponsors of the Program.
- content related to sub-judice cases from public domain.