The Contest is an integral part of the Program. The following are the Principal Rules for Voting Mechanism (defined below) for the Contest conducted by STAR India for the promotion and viewer engagement of the Program on the Channel:
2. STAR India shall promote the Contest through on-air (promos, astons, bugs etc.), social media pages or platforms of the Channel and any other manner as STAR India may deem fit, at its sole discretion, stating the Voting Mechanism in which the Viewers (s) can participate in the Contest.
i. To vote for their favorite Nominee(s) under various Categories of the Contest, the Viewers shall give a missed call to the designated numbers for each Category during the Period as given below. It is clarified that each of the numbers across each category will be active for 4 (four) days respectively as stated below:
(d) For the purposes of participating in this Voting Mechanism, casting their Vote as above for their favorite Nominee, under each Category(s) of the Contest during the Period in the format and the appropriate voting code by the Viewer (s) shall be considered as a complete and valid Vote. For the avoidance of doubt, by submitting the Vote the Viewer (s) is representing that the Vote or contents thereof are not confidential or comprise any sensitive personal information.
(g) The Viewers can cast their Votes for only those Nominees who are nominated under the particular Category of the Contest. Any Votes sent by the Viewers for the Nominees who have not featured in any of the respective Category shall not be considered and shall be considered null and void.
(i) The decisions in respect of the selection of the Category and /or Nominees and the selection / declaration eventual Winner under each Category made by STAR India and/or the Channel shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR India, Channel and/or its employees in connection to the same.
(j) The Nominee(s) shortlisted and selected by Star India and the Channel are at their discretion and are binding on the Viewer and in no event shall the Viewers dispute the decision made by STAR India, Channel and/or its employees in connection to the same.
(k) The Viewer(s) shall not in any circumstances make any claims against STAR India entities 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 Viewer(s) participation or non-participation in the Voting Mechanism or any related activity. If the Viewer is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Votes will be disqualified.
(m) All and any incidental costs direct and/or indirect, in relation to the Voting, shall be borne by the Viewer(s) and in no manner whatsoever shall the Channel/STAR India, be responsible for the same.
(i) The Viewers interested in voting must be above the age of 18 (eighteen) years and a citizen and resident of the Territory. The Viewers should not have any criminal conviction or an arrangement or a contract that prevents the Viewers from voting.
(iii) STAR INDIA reserves all rights to make amendments to the existing Voting Rules or withdraw, change, alter, amend the Voting Mechanism, process of selection of Popular Choice Awards, Voting Rules, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules and Privacy Policy, from time to time.
(iv) STAR INDIA reserves the right to cancel and/or reschedule the Program and/or extend or alter the Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the Viewer(s).
(v) Viewer(s) agree, understand and acknowledge that there is no prize/gratification for voting in the Voting Mechanism and casting of Votes for the favorite Nominees under different Categories as detailed herein.
(vi) The Voting Rules shall be advertised sufficiently across the Website and /or the Channel to ensure that no Viewer is misled, and each Viewer fully understands the entire process and costs (if applicable) for voting. It is clarified that all costs towards voting shall be borne by the Viewer solely without any recourse whatsoever to STAR INDIA or the Channel.
(vii) In case a Viewer(s) is found to be in non-conformance of the Voting Rules and Privacy Policy, then STAR INDIA will be entitled to at its sole discretion disqualify the Votes received from that Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible by law, the same shall not be disputed or challenged.
(viii) STAR INDIA shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network, technical disruption, connection failure, electricity failure, any other reason whatsoever and/or the cost of the missed call or SMS charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving STAR INDIA.
(ix) In case of any telecom and /or network failure and /or technical failure in giving missed calls and /or having an internet session and /or logging on to the official website of the Program and/or for any reasons whatsoever, STAR INDIA reserves the right to at its sole discretion to change/amend the Voting Mechanism and /or cease from accepting Votes of the Viewers during the Period for the episodes of the Final Rounds of the Program, in any manner it may deem fit and necessary. In addition STAR INDIA shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Voting Mechanism including without limitation voting system/failure in the mechanism of recording missed calls due to any reason whatsoever including technical disruption/phone lines being open /close /default in internet lines /connection or a default in playing the audio message to the Viewer upon casting of Vote / close or default / failure/ any other difficulties of such nature due to which the Viewer(s) is unable to record his/her Vote/ failure to logging on automatic acceptance of votes stated in these Privacy Policy and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.
(x) Star India reserves the right to disqualify votes or suspend voting if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig/manipulate the voting. Star India has the right to substitute an alternative voting method at its absolute discretion.
(xii) To the extent permissible in law, Viewer(s) shall not in any circumstances make any claims against STAR INDIA, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, accidents, deaths, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their voting. If the Viewer(s) is found to be ineligible, or if they have not complied with these Voting Rules, the corresponding entries will be disqualified.
(xiii) By casting their Vote, each Viewer(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Winner of the Program, Vote, 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 Voting Mechanism (if any), notwithstanding the foregoing, under no circumstances will STAR INDIA and/or STAR INDIA affiliates 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.
(xiv) STAR INDIA is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to voting/Voting Mechanism. Each Viewer in consideration of being given opportunity to Vote, agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, and /or any celebrities appearing on the Program, STAR INDIA, 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 Viewer, in any manner whatsoever in connection with the Voting Mechanism, Votes and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
(xv) STAR INDIA shall be responsible for ensuring that the entire Voting Mechanism shall be managed /conducted on a fair and equitable basis and in accordance with applicable laws of India. For this specific purpose STAR INDIA, will at its sole discretion, appoint independent audit firms /companies/auditors (as the case may be) to audit the entire Voting Mechanism during the telecast of the Program and keep updated records of the same. Such auditors and /or their representatives shall also remain present on the sets of the Program. Employees of and/or consultants of and/or persons hired on contract by STAR INDIA and the sponsors of the Program, if any, and the members of their immediate family are ineligible for voting for the Program.
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