Terms and Conditions
This document contains the terms and conditions ("Terms and Conditions") which shall be binding on each and every participant ("Participant" or "You" or "Your") who voluntarily agrees to participate in the "Cinestaan India's Storytellers' Script Contest" (hereinafter referred to as "Script Contest"/ "Contest") which are organized by Cinestaan Digital Private Limited ("Company" / "We" / "Us" as applicable):
Your act of participating in the Script Contest shall be deemed to be Your absolute agreement to these Terms and Conditions (and related documents, by reference) as prescribed from time to time. If You do not agree to be bound or cannot comply with any of the terms contained in the Terms and Conditions (and related documents, by reference), please do not continue. Your failure to accept the Terms and Conditions or any part thereof will disqualify You from the Script Contest.
The Script Contest shall ONLY be conducted online through the website Cinestaan.com ("Website"). If You are interested in participating in the Script Contest and fulfill the eligibility criteria set out in Paragraph 2 below, please fill up all the information in the application form ("Application Form").
The Participant (i) will be required to make a submission in the form of a Film Synopsis in Round 1 of the Contest, (ii) if shortlisted, will have to submit Script/ Screenplay in Round 2, as per the requirements and guidelines for the Contest ("Submission/s"). At the time of making the application and Submission for the first round, you will be asked for Participant or team biography (250 words) along with the Synopsis of the story Submission (Max 2500 words) words (collectively "Entry"). The initial rounds of the Contest will be judged by a panel of readers appointed by the Company at its discretion ("Readers") and the short-listed Scripts, as set out in these Terms and Conditions will be judged by the senior members of the fraternity ("Jury Members"). Company reserves the right to determine and change the composition of the Jury Members/ Readers, from time to time. Readers/ Jury Members for the Contest or any round within a Contest, if any, may differ at Company's discretion.
- The features of the Script Contest:
- This Contest shall be conducted in two rounds and the winners shall be declared at the end of the second round in accordance with the following process
- First Round (Film Synopsis): The Participants will be required to submit an original story developed and created by the Participant (either alone or as a team of maximum of 2 co-writers) ("Film Synopsis") in absolute compliance with all the eligibility criteria for Submissions as set out in Paragraph 2 below. Each Synopsis must be not more than 2500 words. An internal panel of Readers ("Panel") shall read the Stories and select the Participants who will qualify for the second round. The First Round will begin from 22nd Oct 2018 and shall end on 22nd Jan 2019
- Second Round (Script / Screenplay): Those applications that are rejected shall have no recourse but to withdraw from the contest and re apply with a new story in the next year, should the contest continue next year. The selected Participants from the First Round will be informed of their qualification by way of email on the email address provided by such Participants in their Application Form. In this round, the qualifying Participants will be required to submit a script or screenplay which will be an extended scene by scene narrative of their Film Story in First Round, along with dialogues by/between the characters (if any), in compliance with the eligibility criteria for Submissions set out in Paragraph 2 (two) below, the document should be a maximum of 120 pages ("Screenplay"/ "Script") in the industry standard format. The Screenplay/Script must be submitted by the qualifying Participants on or before the end date communicated by the Company;
Winners: The panel of Jury Members nominated by the Company will read/judge the Story/Script of the top selected Participants who qualify from second round. Based on their reading, thereafter the Jury Members will select the 5 (five) winners from the pool of top Participants (individually a "Winner", and collectively "Winners"). The winners will be awarded a cash prize (which shall be inclusive of taxes) as follows-
- First Prize : INR 25,00,000/- (Rupees Twenty Five Lacs Only);
- Second Prize: INR 10, 00, 000/- (Rupees Ten Lacs Only);
- Third Prize: INR 7, 00, 000/- (Rupees Seven Lacs Only);
- Fourth Prize: INR 5,00,000/- (Rupees Five Lacs only)
- Fifth Prize: INR 3,00,000/- (Rupees Three Lacs only)
In the event a team of two or three Participants has been declared a winner then the cash prize will be divided equally between the members of such team.
The prize money payable above is including GST at 18% charged by the Participant or payable by Company, if any as the case may be and the amount paid to the Winner shall be after reducing the GST and TDS as applicable.
Where, the Winner is registered under the GST legislation, the Winner shall be required to raise an invoice on Company containing all the relevant details as prescribed under Rule 46 of the Central Goods & Services Tax Rules 2017. Disbursement of prize money by Company shall be subject to timely reporting of the invoice in the GST return of the Winner.
- This Contest shall be conducted in two rounds and the winners shall be declared at the end of the second round in accordance with the following process
- In the Script Contest, all the Participants shall retain the copyright/ownership in all their Submissions. We do not own Your material at any stage, save for the limited license granted hereunder. You hereby grant us the limited, non-exclusive, transferrable, sub-licensable license to review the Submissions for the entire territory of the world for the duration of the Script Contest.
- The Script Contest is solely focused on content for feature length films; We will not accept television, documentaries, web-series, digital content, radio, theatre, magazine, short film, novel or game show formats.
- All the Submissions will be read anonymously and subjected to a series of rounds with unbiased Readers and Jury Members, as set out in these Terms and Conditions.
- You will receive acknowledgment of Your Submission and will be informed of the status via electronic e-mail on the email address as provided by You.
- Any communication through any mode/ mediums with the Readers and/or Jury Members by the Participants and/or any kind of attempt to lobby/ rig the audience poll including implementation of any technological hacks, will cause immediate disqualification with/without notice and the Company reserves it’s right to seek appropriate legal recourse against such defaulters.
- Final selection and decisions will be at the sole discretion of the Readers and/or Jury Members, as the case may be and shall be binding on the Participants.
- The Company does not assume any responsibility if You do not receive the prize money for any reason whatsoever, including but not limited to any local regulation/ rules/ law which renders such transactions unlawful or impossible.
- The features of the Script Contest:
- Age: Participants must be at least 18 years of age or above;
- Nationality: Participants must be of Indian nationality; Non-Resident Indians, and Foreign national of Indian origin are also allowed to participate;
- Participants must submit correct and complete details in the Application Form and such other details as may be required by the Company, from time to time;
- Employees of the Company and their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren), and affiliates, advisors, advertising/promotion agencies of the Company are not eligible to enter the Contest. Company reserves the right to disqualify them and reject their Entry anytime upon receiving knowledge of the same, Company may, call back the prize money, if Company discovers such participation after declaration of the winner;
- The Entry including the Submissions must be original work and creation of the Participant and must not infringe the rights of any other party/ies. The Participant agrees and acknowledges that the Entry or any part thereof does not contain any confidential information;
- Participants represent that the (i) Submission and/or any part thereof has not been submitted/ offered to any third party; (ii) no rights in and to the Submission have been granted in to any person; (iii) the Submission has not been exploited/utilized in any manner whatsoever;
- The Participants shall not make any Submission/s which is an adaptation, prequel, sequel, spin off, (existing and/or old) film/ television character-based work, inspired work, from another work and Company reserves its right to disqualify such Submission/s
- You may make the Entry in English, Roman Hindi or Devanagari for the purpose of the Contest. Please note, any Submission/s in any other script except Roman Hindi, English or Devanagari will be disqualified without prior acknowledgement or notice;
- The Film Synopsis as well as the Script/ Screenplay must be registered with the Screen Writers’ Association ("SWA"), formerly known as the Film Writers’ Association or equivalent writers’ association from the country of the residence of the Participant such as Writers’ Guild of America, prior to the submission. In the event the Participant is in the process of registration of a Script/ Screenplay, the Participant may make the Submission before the deadline with an undertaking in writing and a proof that the Script/ Screenplay is submitted with the Film Writers’ Association and the same is pending registration with a proposed date of registration. It is clarified that only the Submissions with SWA mark and/or registration number shall be considered valid and complete. Submissions which are not registered with the SWA or equivalent association within the requisite deadlines will be automatically disqualified; All the Submissions shall be in digital (PDF) format and uploaded on Cinestaan.com;
- All the Submissions in the form of Film Synopsis and Screenplay shall comply with the industry standards:
- Company reserves the sole and absolute right/s to disqualify any Participant (with or without notice) and without assuming any obligation to provide reasons for such decisions, at any stage for any discrepancy or otherwise.
- DATES AND DEADLINES
The Script Contest:
- Application Open: 22nd October 2018
- Last day for submission of Application Form, Film Story and Payment: 22nd Jan 2019
- Second Round: Start Date - March 2019 and End Date May 2019
- In the event a Submission is received after the deadlines set out herein, then such Submissions may not be accepted. However, Company reserves the right but not the obligation to consider such delayed Submission for the Contests in the following year, if any. Notwithstanding anything to the contrary, Company reserves the right to not organize the Contest/s next year and reject/ not use such delayed Submission. Company also reserves the right to change any deadlines and/or Contest dates given herein, without prior notice to the Participant.
- The Script Contest:
- Entry per Submission for the Script Contest is INR 1500/- (Rupees fifteen hundred only) and inclusive of GST @ 18%.
- There is no separate fee for participating in the Video Pitch sub contest;
- This is a non-refundable amount even if You are disqualified and/or withdraw Your Submission/s voluntarily;
- Payment may only be made via debit card, credit card or net banking.
- Cheques or cash sent by mail or hand or any mode of payment not set out in 4.3 above will not be accepted;
- SUBMISSION RULES
- If You apply to the Contest, You would have deemed to have made the following declarations/ representations:
- You own the copyright in the Entry/Submission/s made by You, on an exclusive basis and the Entry including but not limited to Submissions is entirely original;
- The Submission/s i.e., Film Story and Script has already been registered with the FWA (or other equivalent association) as provided under these Terms and Conditions;
- The Entry or any part thereof does not violate any applicable laws neither does it violate/ infringe any other third-party rights including the rights of any third party in any form of intellectual property.
- No rights have been previously granted in the Submission/s to any other person and/or party in part or whole;
- The Submission/s is free from any charges, liens, encumbrances or any other third party rights;
- The Entry does not contain any confidential information or any other information relating to any third party that You are not authorized to disclose under contract or otherwise;
- In the event of a co-writer participation, all the obligations and representation shall equally apply to all such Participants and the cash prize, if any, pursuant to these Terms and Conditions shall be equally distribution between all the co-writers. You expressly acknowledge that. Company shall not be responsible for any dispute arising between the co-writers inter se with respect to any breach of the Terms and Conditions contained herein, in which case, all the co-writers shall bear with the consequences thereof. The co-writers shall indemnify Company for any/all breaches/ claims by/ against any or all the writers.
- You are submitting the Entry on a voluntary and unsolicited basis;
- You are fully entitled to make the Entry and are not under any disability whether legal or contractual which prevents You from submitting the same to Company;
- Company may have access to and/or may create or have created literary materials and ideas that may be similar or identical to your Submission/s in whole or any part of it in story, theme, idea, plot, format and/or all other aspects and Company reserves the right to utilize the same without any prior information/ license/ assignment from You whatsoever;
- You will not be entitled to any compensation because of the use of any such similar or identical material which may have been independently created by Company or which may have come to Company from any other independent source;
- If the Submission/s made by You in part or whole is in the public domain and/or does not constitute protectable property and/or is not original, then, You agree that Company (including its affiliates/ associate companies) shall have the right to use such parts or the whole of the Submission/s without any prior obligation towards You in terms of prior notice/ information and/or the need to obtain any rights from You whatsoever;
- Nothing contained herein or otherwise, imposes an obligation on Company, to accept or utilise the Entry in whole or in part/s and Company reserves the right to accept or reject the Entry or its parts at its sole discretion;
- Completing the Entry does not automatically entitle You to receive any compensation, monetary or otherwise from Company under any circumstances whatsoever.
- If You apply to the Contest, You would have deemed to have made the following declarations/ representations:
- CINESTAAN SCRIPT BANK
- At the time of Submission/s, a Participant may choose to allow the Company to upload their Submission/s on the internet and mobile platform called, "Cinestaan Script Bank" ("Application").
- The Application is a platform owned and operated by Company which will be accessible by third parties such as production houses, directors, producers etc. ("Third Parties"). The Application provides an opportunity for You to showcase the Submission/s content directly to Third Parties.
- If You choose to allow the upload of Your Submission in the form of Film Synopsis on the Application, Your Submission/s along with Your complete contact information, as provided by You, will be made available on the Application so that the Third Parties can get in touch with You directly, if they are interested in Your Submission/s.
- We will not charge any additional fee for facilitating the hosting of Your Submission on the Application. If You chose to allow the upload of the Submission/s on the Application, in addition to the representations and covenants under this document, you would have deemed to have agreed/ acknowledged the terms and conditions which govern the Application available at including but not limited to the following:
- You acknowledge that, the Application is not in any manner connected with the Contest and the same is separate optional avenue available to You solely at your option, to show case Your Submission;
- You hereby grant a non-exclusive, sub-licensable, transferrable license to the Company in perpetuity for the entire territory of the world in and to the Submission/s for uploading on the Application, review and assessment by Third Parties;
- You hereby clearly understand and acknowledge that Company is merely a facilitator between You and the Third Parties in respect of Your Submission/s. The Company is not liable in any manner whatsoever, in respect of Your dealing with or communications with the Third Parties. You agree and acknowledges that the Company does not, in any way, control the use of the Submission/s and/or Your personal information by any third party. In the event a third party infringes or misuses Your Submission/s and/or Your personal information, the Company shall not be liable to You in any manner whatsoever;
- By allowing upload of Your Submission/s and Your personal details on the Application You agree and undertake that Your Submission and personal details do not contain (i) any confidential information whatsoever; and/or (ii) any other information relating to and/or owned by any third party that You are not authorized to disclose under contract or otherwise or infringes the rights of any third parties;
- You shall not allow the upload of any materials including but not limited to as part of the Submission/s on the Application, which belongs to another person and to which You do not have any right to; is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; or violates any law for the time being in force; deceives or misleads the addressee about the origin of such material or messages or communicates any information which is grossly offensive or menacing in nature; 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; 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;
- You hereby waive Your right/s with respect to seeking any legal claims/ losses/ relief of any nature whatsoever against the Company including any loss of the Submission/s, misuse, access to the Submission and/or Your personal details by any third party;
- The Company does not make any representation or guarantee in respect of, including but not limited to, the perusal/ selection of Your Submission/s by Third Parties and/or otherwise, the continued/uninterrupted availability of the Application, security of the Submission/personal information uploaded on the Application. The Company will endeavor to deploy appropriate security measures but does not in any way guarantee or represent the security of the Application and/or any content uploaded on the Application;
- You hereby indemnify the Company against any claims/ actions received against Your Submission/s on the Application or in relation thereof including in relation to any breach of confidentiality;
- The decision (if any) of such Third Party would be final and binding and You hereby waive Your right to dispute the same in any manner whatsoever;
- The Company reserves the right to not upload/ remove Your Submission/s from the Application for any reasons (disclosed/undisclosed) whatsoever and the Company does not make any guarantee with respect to the upload of Your Submission/s;
- Company reserves the right to change, alter, add any terms and conditions governing the use of the Application, at any time, without prior notice;
- You hereby acknowledge and agree that the Application and upload of Your Submission on the Application does not guarantee any contract, commitment of any nature whatsoever from Third Parties. Your act of allowing the Company to upload Your Submission on the Application does not in any way whatsoever, automatically entitle you to any prize/ compensation/gratification whatsoever from the Company and/or the Third Parties;
- The Company is providing the Application on an “as-is” basis without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not guarantee that the Application will always be safe, secure or error-free or that the Application will always function without disruptions, delays or imperfections. Company is not responsible for the actions, content, information, or data of third parties, and You release the Company, its affiliates and their respective directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
- GENERAL RULES
- The Entry must not contain falsehoods or misrepresentations. You must not post advertisements or solicit business;
- By agreeing to these Terms and Conditions, the Participant has waived his/her right to raise any dispute with regard to the Contest and/or any matters connected with these Terms and Conditions, to the maximum extent permitted by law;
- The Participant represents and warrants that he/she is eligible for participating in the Contest as per the Eligibility Criteria set out in Paragraph 2 of these Terms and Conditions. Documentation to validate the foregoing is mandatory and the Participant shall provide the same to Company as and when requested for. For clarity and avoidance of doubt, proof of age shall be validated by the following documentation: Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/or an affidavit signed by a magistrate and the Nationality will be validated by Passport only;
- The Participant represents and warrants that he/she does not have any criminal conviction or an arrangement or other contract that prevents the Participant from participating in the Contest
- The Participant agrees to do any and all acts and execute any and all documents in such manner and at such locations as may be required by Company at Company’s sole and absolute discretion;
- Company reserves the sole and exclusive right/s to make amendments to these Terms and Conditions, (and all the documents included by reference) including without limitation change in the structure of the Contest, the number of winners, prizes being awarded for each Contest etc., without prior or subsequent notice, and the Participant agrees that the Participant shall be bound by such revised rule/s
- The Participant shall be solely responsible for all costs and expenses towards participating in this Contest and conducting any activity and including without limitation for bearing all travel and/or lodging expenses that the Participant may incur in relation to this Contest. The Company shall at no time be responsible for bearing or reimbursing any costs, expenses towards Your participation in the Contest or any part thereof;
- Non-conformation by any Participant of the Terms and Conditions or any part thereof will immediately disqualify the Participant. Company shall not be responsible for breach by a Participant of the Terms and Conditions and such Participant shall indemnify Company against any/ all claims received due to such breach of these Terms and Conditions;
- The Participant confirms and undertakes that it shall not furnish any materials as part of the Submission/s to and in relation to the Contest, which belongs to another person and to which the Participant does not have any right to; is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; or violates any law for the time being in force; deceives or misleads the addressee about the origin of such material or messages or communicates any information which is grossly offensive or menacing in nature; 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; 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;
- Company shall be entitled to invalidate the participation of a Participant in the event of any fraud, dishonesty or any non-entitlement for participation of the Participant under these Terms and Conditions;
- The prize awarded to winners in each Contest, pursuant to these Terms and Conditions shall be subject to deduction of applicable taxes. The prize awarded hereunder cannot be transferred, negotiated, refunded and/or exchanged for money etc. For the sake of clarity, there shall be no other gratification other than the prize as set out in these Terms and Conditions. Notwithstanding anything to the contrary, if a Participant is awarded a prize pursuant to these Terms and Conditions, then such Participant shall be solely liable for completing and fulfilling all formalities and procedures for accepting and collecting such prize, solely at his/her own costs, without any recourse to the Company;
- You hereby grant an irrevocable and permanent license to use Your name, photograph, likeness, personality, biography and other information about You, for promotional purposes and/or any other purpose as per Company's sole discretion, in connection with Your Submission/s;
- In the event You are declared as the winner, you hereby agree to make Yourself available, if required by Company, and co-operate with Company and participate in any activity and/or campaign and/or interviews ("Promotional Activity") of any nature, if any, whatsoever without any money payable to the You. You further understand that all the rights in such Promotional Activities shall solely and completely belong to the Company; Certainly, you shall need to be present at the main award event, the date of which shall be informed to you.
- The Participant shall at all times comply with applicable laws, rules and regulations including the Terms and Conditions and Rules and Regulations of this Contest;
- The Participant shall not, at any time during the Contest or after its completion make any defamatory, derogatory statements about Company, Contest and/or its Sponsors, business, employees, affiliates and/or any other person/ entity associated with Company;
- Nothing contained herein or otherwise impose any obligation/s on Company whatsoever. The Participants clearly understands and acknowledges that neither Company nor anybody connected with the organizing of the Contest granting, representing, confirming, and/or guaranteeing any utilisation of the Submissions in any manner whatsoever.
You agree that your use of the Website, participating in the Contest shall be at Your sole risk. To the fullest extent permitted by law, Company, including its affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest, Website and Your use thereof. Company makes no warranties or representations about the accuracy or completeness of content of this Website or the content of any websites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Website, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction;
- Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.
You agree to defend, indemnify and hold harmless Company, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms and Conditions (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your writing caused damage to a third party. This defense and indemnification obligation will survive the efflux of time.
The Participant shall not in any circumstances make any claims against Company, their employees, directors and its affiliates 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 in the network and /or connections or directly or indirectly due to their participation or non-participation in Contest or any reasons/manner connected with these Terms and Conditions.
- Ability to Accept Terms and Conditions: You affirm that you are either 18 years or more of age and have read and understood the entire content of the Terms and Conditions and accept the same. You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
- Assignment of Terms and Conditions: These Terms and Conditions or any part thereof, may not be transferred or assigned by You, but may be assigned by Company, without restriction.
- If any provision of these Terms and Conditions is deemed invalid by any law or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Company reserves the right to amend these Terms and Conditions at any time and without notice, and it is Your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify Your assent to and acceptance of its revised terms;
- The Participant acknowledges that the representations and warranties, indemnities, Governing Law, dispute resolution, warranty disclaimer shall survive the efflux of time;
- Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and Company;
- The Participant/s acknowledge that in case the performance of this Contest and/or availing the gratification cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Company then such non-performance or failure shall not be deemed as a breach of the Rules and Regulations/Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then Company shall be at liberty upon their sole discretion to terminate Contest and any such gratification and/or participation of a Participant forthwith and such decision shall be final and binding;
- The Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to the Website, unclear network, disruption in the network and/or the internet /network costs charged by the telecom/mobile/network operator etc. Any dispute in connection to the above shall be settled between the subscribers, Participants and the telecom/mobile operator directly, without involving the Company;
- In case of any telecom and /or network failure and /or technical failure /breakdown on the Website and /or technical failure in submitting and /or uploading the Submission/s, Application Form and/or for any reasons whatsoever, Company reserves the right to at its sole discretion to change the platform and /or the mechanism of the Contest and/or to cease from accepting Submissions, entries of the Participants in any manner it may deem fit and necessary. Company shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Website, submission mechanism for uploading the Submissions and/or Application Forms due to reasons including but not limited to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of Company. Participant(s) shall not in any circumstances make any claims against Company, their employees, directors and its affiliates 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 in the network and /or connections or directly or indirectly due to, to their participation or non-participation in Contest.
- Company reserves the right to abandon, postpone, withdraw the Contest or part thereof, at any time, for any reason whatsoever, without prior notice to the Participant.
- GOVERNING LAW, JURIDICTION, DISPUTE RESOLUTION
- This Terms and Conditions shall be governed as per Indian Laws without regard to the conflict of law rules, and subject to the provisions of arbitration, the courts in Mumbai shall have exclusive jurisdiction. In the case of any dispute arising out/ in reference to the Contest and/or other matters pertaining to these Terms and Conditions, including a dispute about the validity, operation, meaning or breach hereof, such dispute/s between You and Company shall be referred to a sole arbitrator appointed by Company and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be held in the English language. The decision of the sole arbitrator in this regard shall be final and binding on the aggrieved Participant. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the Participant who has raised the dispute.
- Subject to 9.1. above, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.
- By entering the Contest, You specifically acknowledge and agree that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any gratification, shall be resolved individually, without resorting 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 Company 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 Without prejudice to the aforesaid, the Company’s liability, arising whether out of contract, law, tort or otherwise shall be limited to Rs. 1000/- only.
- You specifically waive Your right to seek injunctive relief against Company and/or the Contest, to the maximum extent permitted by law;
- Company shall not be responsible for any disruption technical or otherwise any delay/failure/ server problems and/ or any other difficulties of such nature, due to which the Participant/s are unable to make/ complete the Submission; Except as otherwise provided in these Terms and Conditions, You hereby release Company of and from any and all claims, demands, loss and liabilities of every kind whatsoever, known or unknown, that may arise in relation to, in connection with and/or pursuant to the Submission/s or by reason of any claim now or hereafter made by You that Company has used or appropriated the Submission/s; You may assign or license and/or deal with the rights in and to the Submission/s to any person, firm or corporation whomsoever, after the completion of the Contest. Company reserves the right to disqualify a Participants in the event it comes to Company’s knowledge that such Participant has created third party rights in and to the Submission/s before or during the course of the Contest Company shall, at all times, have the right to assign/ license or in any manner deal with its rights under this Terms and Conditions. You hereby represent that You have retained at least one copy of the Submission/s, and hereby, irrevocably, release Company of and from any and all liability for loss of or damage to the copies of the Submission/s made to Company by You hereunder.
- You hereby clearly understand and acknowledge that the Submission/s made by You to Company will not remain confidential as it will be shared with Jury Members and the Audio Visual updated shall be open for public viewing and voting. You hereby expressly release Company and waive Your right to seek any legal recourse/ claim against Company in this regard. You therefore waive any/ all rights to claim any legal action/ losses towards any leak of Your Submission/s including any act of third party such as copying, reproduction, modifying and/or using Your Submission/s in part or whole for any purpose whatsoever.