TERMS AND CONDITIONS – KGF 2 CONTEST
“KGF 2 Contest” is a Randomizer/raffle/lucky draw style contest (“Contest”) organized by Zee Entertainment Enterprises Limited (“Company”) on its TV channel, namely “ZEE Tamil” (“Channel”). The Contest is being conducted for the residents of Tamil Nadu aged 18 years and above. By means of the Contest, the Company is providing an opportunity to the viewers of the Channel to participate in the Contest and win the prizes as announced by the channel, subject to the terms and conditions set forth herein (“Terms and Conditions”).
KGF 2 Contest:
“Rocky-ah Photo எடுங்க..தங்கம் பரிசா வெல்லுங்க..
விநாயகர் சதுர்த்தி அன்னிக்கு Evening 6.30 மணிக்கு TV-la Rocky Bhai-oda Intro Scene-ah Photo எடுத்து 8926 806 806 Number க்கு WhatsApp பண்ணுங்க..தங்கம் பரிசா வெல்லும் வாய்ப்பை பெறுங்க..
25 அதிர்ஷ்டசாலிகளுக்கு தலா ஒரு கிராம் தங்கம் பரிசா காத்திருக்கு.”
“Take Photo of Rocky ..Win Gold Prize..
Take a Photo of Rocky Bhai Intro Scene in TV on Vinayagar chathurthi at 6.30pm in Evening and WhatsApp the same to 8926 806 806. Get a chance to win the gold coin.
*Subject to Terms & Conditions
25 lucky winners will be rewarded with one gram of gold each.”
The Contest shall be carried out by the Company in the following manner: the Participants (defined below) must take a picture of ‘Rocky’/“Yash” from the introduction scene during the telecast of the movie “KGF Chapter 2” (the “Movie”) tentatively to be telecast on 31st August 2022 between 6:30 pm to 10:15pm, and by send it through Whatsapp (“Contest Platform”). By participating in the Contest, the Participants agree to be unconditionally bound by the Terms and Conditions as provided hereunder:
I. PROCEDURE FOR PARTICIPATION IN THE KGF 2 CONTEST:
- In order to participate in the Contest, each interested viewer/person (“Participant(s)”) shall be required to:
- Take a picture of “ROCKY”/ “Yash” from the introduction scene of the Movie which will be tentatively telecast on the Channel on 31st August, 2022 between 6:30pm to 10:15pm and send it through WhatsApp on the number “8926 806 806” during the Contest Period (defined below) (“Contest Entry”).
- By sending the picture of “Rocky” to the aforementioned Whatsapp number, the Participant automatically agrees to all the Terms and Conditions of the Contest.
- It is clarified that the Company may, at its sole discretion, alter or substitute the number associated with the responses without any prior notice.
- Participants will stand a chance to win 1 (one) gram gold coin or such other prize as determined by the Company in its sole discretion. All costs, including all taxes, relating to the delivery of the prize shall be borne by the winner alone without any recourse to ZEE. If the winner is unable or unwilling to accept or otherwise redeem the prize awarded within a period of 15 days from the date of announcement of the winners, the prize shall be forfeited and the Participant shall not have any claims in this regard. After the completion of the Contest Period, the Company shall select 25 Participants, or such other numbers as it deems fit, from amongst the entries received, as Winners through a randomizer method or through such other means as determined by the Company in its sole discretion. The Company may, at its sole discretion, increase or decrease the number of winners of the Contest and the Participants accept and agree that they shall have no claims or objections in this regard.
- The Company shall announce the winners on or before 5th September through social media platforms (Zee Tamil Pages on FB & Instagram) or such other date as determined by the Company in its sole discretion, in a manner of its choosing.
- It is clarified that the Contest shall be held on 31st August 2022 and shall be available only between 6:30pm to 7:00pm (“Contest Period”).
- Participants may send in their Contest Entry during the Contest Period or such other time as determined by the Company at its sole discretion. Any Contest Entry received other than the Contest Period shall be considered null and void.
- The Participant unconditionally and irrevocably assigns all rights including but not limited to Intellectual Property Rights, if any, present in their Contest Entry in favour of the Company, for the entire world and in perpetuity and the Participants agree and acknowledge and makes all necessary declarations confirming the aforesaid. Such assignment shall operate for all the modes, media and formats of exploitation.
- The Company shall promote this Contest, announce the Winners and subsequent Contest(s), if any, through its Channel(s), Website, print media (newspapers), television (promos, astons, bugs etc.), on ground promotions, push SMS, radio, digital media/ social media and/or in such other manner as determined by the Company, in its sole discretion.
- It is further clarified that the details of the Contest Entries (including the Participant’s IP address) will be saved and stored in the Company’s data bank/ server and the data bank/server of Contest Platform, and the same may be utilized and publicized only for the purpose of the Contest and the Participants hereby agree to the same.
- It is clarified that, irrespective of the number of Contest Entries made by a Participant, each Participant shall stand only a single chance to win the prize(s). Any Participant found to be in breach of the same, as solely determined by the Company, shall stand disqualified from the Contest.
- In addition, the Company may reach out to the Participants for marketing activities through calls, SMS, chat applications & other internet and phone number-based applications.
- The Participant shall ensure that any information submitted, including but not limited to Contest Entry and the details/information/content contained in the Contest Entry, is decent, in compliance with applicable laws, and is not obscene, vulgar, immoral, defamatory, abusive, offensive, insensitive, libelous, or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including any intellectual property rights etc.
- If the Participant fails to make the Contest Entry in accordance with the procedures and/or Terms and Conditions as set out herein, then his/her Contest Entry shall be considered incomplete, and the Participant shall not be eligible for selection for the purpose of Contest. For the avoidance of doubt, it is hereby clarified that by submitting the Contest Entry the Participant is representing that the Contest Entry or contents thereof are not confidential or comprise any sensitive personal information or violate any privacy details of the Participant.
- Participants shall not host, display, upload, modify, publish, transmit, update, send or share any information/files that — (a) belongs to another person and to which the user does not have any right; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, 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; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights;(e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, 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. For avoidance of doubt, the Participant agrees that the Company has the right to remove any such material/information/files which may not be in consonance with applicable law. Any Contest Entry in breach of the above, shall be liable to be rejected by the Company without any notice.
- The Company shall not, under any circumstances, be responsible or liable for any Contest Entries submitted by the Participants but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or network provider’s connection failure and/or any other reason whatsoever. The Contest Platform is provided on an “as-is” basis and the Company expressly disclaims any representation or warranty with respect to the functioning or performance of the Contest Platform or any other element of the Contest. The Participants accept and agree that their respective Contest Entry/participation in the Contest shall not entitle them for any prizes.
- The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, unavailability of the Participant, theft or destruction or unauthorized access to, or alteration of, any Participant communication.
- The Company makes no representations that the Contest Platform is appropriate or available for use in any other territory outside India.
- The Contest Entry is non-transferrable and non-exchangeable. Participant agrees and undertakes that no cash, cash equivalent or alternatives will be given to the Participant for submitting the Contest Entry or otherwise participating in the Contest. Further, Company, at its sole discretion, reserves the right to change/substitute the prize without assigning any reason and without any prior notice.
- The prize awarded to the Winner is provided on an “as-is” basis and the Company expressly disclaims any representation and/or warranty with respect to the type of prize, its nature, quality, condition, functionality, operation. The Participants expressly accept and agree that the Company shall not be liable for any loss or damages pertaining to the prize which are awarded to the winner(s) or for the quality and/or the condition of the Prizes arising on account of any reason, including, without limitation, those caused on account of transportation, handling etc. and the Participant may contact the manufacturer/supplier directly without any recourse to the Company. All prizes are purchased/procured by the Company believing the contents to be of the highest quality and standard.
- The Participant shall not, under any circumstances, make any claims against the Company arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, caused directly or indirectly due to the Participant’s participation in the Contest or any related activity, to the extent permitted under law. If the Participant is found to be ineligible, or if he/ she has not complied and/or found to be in breach of these Terms and Conditions, the corresponding Contest Entry will stand disqualified and such decision shall be final and binding on the Participant.
- Employees, officers, agents, affiliates (including their respective family members and relatives) of the Company, its group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the Contest.
- The Company shall not entertain any complaints, disputes or claims arising from or relating to the Contest, Contest Entry submission mechanism/ criteria and/or selection/determination of the Winner. The Participants accept and agree that all decisions of the Company in respect of the Contest shall be final and binding on the Participant.
- No dispute shall be entertained with regards to the Contest, Contest Entry submission mechanism/ criteria and/or selection mechanism of the Contest Entries received by the Company. The Participant accepts and agrees that all the decisions of the Company shall be final and binding on the Participant.
II. GENERAL TERMS AND CONDITIONS
- Participation in the Contest is open only to residents of Tamil Nadu, aged above 18 years.
- The Company reserves all rights to amend, modify, alter or delete, the whole or part of the Terms and Conditions or withdraw/cancel the Contest at its sole discretion without any prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Contest available on and/or such other website/platform as intimated by the Company.
- The Participants understand and agree that the Company shall not be responsible in any manner whatsoever for any Contest Entries received from the Participants throughout India. The Company shall not entertain any complaints , disputes or claims arising from or relating to the Contest, Contest Entry submission mechanism/criteria and/or selection/determination of the winner(s). The Participants accept and agree that all decisions of the Company in respect of the Contest shall be final and binding on the Participant.
- Participant(s) who do not comply with these Terms and Conditions, or who attempt to interfere with the process of Contest and/or the operation of the Contest Platform in any way shall be immediately disqualified and their respective Contest Entries shall stand rejected.
- Sending the picture/message through Whatsapp on the number provided, and participation in the Contest shall be construed as their acceptance of these Terms and Conditions even if the same is not explicitly mentioned by the Participants. The Company shall not be responsible for delayed receipt or non-receipt or incomplete receipt or corrupt receipt of any Contest Entry.
- The Company reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend any Contest Entry submitted by any Participant, should any virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest or if the Company suspects the above. The decision regarding acceptance of the Contest Entries received by the Company shall be decided by the Company at its sole discretion.
- The Company makes no representations, warranties nor provides any undertaking to any of the Participant(s) that merely participating in the Contest will automatically qualify such Participants as being eligible to further participate in the Contest or win any prize.
- The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses, of any nature, suffered / incurred by any of the Participant(s) in relation to the Contest, including but not limited to any loss of opportunity, damages, losses, costs, expenses suffered/incurred on account of the Company rejecting the participation/Contest Entry of the Participant or the Participants’ inability to participate in the Contest, for any reason whatsoever.
- Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the dates of the Contest to any other dates as may be determined by the Company.
- At no point of time will the Company be obliged to notify the Participants, as to whether their respective Contest Entry has been disqualified/cancelled or rejected.
- The Participant(s) shall hold harmless and indemnify, the Company, its affiliates, its group companies, their employees, officers, directors or any other person, from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s) in connection with the Contest and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any complaints, applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs in relation to the Contest.
- Further, the Participant(s) shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss/costs (including legal costs) suffered by the Company arising out of or in relation to the Participants’ participation in the Contest, any act of the Participant, any post and/or Contest Entry and/or any third-party rights claims with respect to the material submitted by the Participant(s)
- The Participant(s) shall not hold the Company, its affiliates, contractors, partners, vendors and promotion and advertising agencies responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of participant information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit Participant’s ability to participate in the Contest, including any injury or damage to Participants or any other person’s mobile device or internet connection relating to or resulting from participating in the Contest or downloading any materials. The Company and/or its representatives shall not be responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected entries, which shall be disqualified. The Company shall attempt to use commercially reasonable efforts to ensure the security and accuracy of all Contest Entries and the methodologies/ processes/ mechanisms of said Contest Entries, however, the Participants hereby acknowledge and agree that such methodologies/ processes/ mechanisms are not infallible, and that the Company makes no guarantee as to its effectiveness.
- By participating in the Contest, the Participant grants in favour of the Company, its agents, affiliates or assigns, the right to use the likeness, face, name, signature, voice, photographs, biographical data or image of the Participant, in any manner, in relation to the Contest or for any promotional or marketing activities related to the Channel and its programmes.
III. OTHER TERMS
- Each provision of this Terms and Conditions shall be considered severable, and if any provision of these Terms and Conditions is held to be void, invalid or unenforceable by any court or other competent authority, in whole or in part, such invalidity or unenforceability shall have no effect upon the remaining provisions of the Terms and Conditions and the other provisions of these Terms and Conditions shall continue to be valid, enforceable and binding on the Participants.
- If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Chennai.
- The Company is empowered to take a decision on any case not covered by the present Terms and Conditions and the said decisions shall be considered as final and binding on the Participants.
- The winners should submit their Proof documents and other documents/undertakings as requested by Company for collecting the Prize.
IV. NO LIABILITY
- The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to his/her participation in the Contest.
- The Company is not, in any manner whatsoever, responsible and/or shall not be held liable, for any physical injury, death, mental trauma, loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Contest whether or not caused by (1) the Participant’s participation in the Contest; (2) as a result of the any decisions of the Company for any matter relating to the Contest. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Contest Activity. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.
- The Participant agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors, vendors or any other person in connection with the Contest, any increase/decrease in the charges charged to the Participant by his/her network provider for submitting the Contest Entries. The Participants shall solely bear all costs and expenses incurred by them in respect of their participation in the Contest
- The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participants and arising as a result of his/her participation in the Contest.
- Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Contest on account of any force majeure factors or otherwise.
- Company shall not be held responsible or accountable for any expenses (including but not limited to charges charged by the network providers for each Contest Entry submitted by the Participant), loss, or any other liability which may arise due to the Participant submitting Contest Entries on the WhatsApp number.
- The Participant hereby agrees to indemnify the Company and/or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Contest Activity or due to any representations, misrepresentations, or concealment of material facts by the Participant.