SUNLAND SUPER DEAL WATCH & WIN CONTEST
TERMS AND CONDITIONS
These terms and conditions (“Terms & Conditions”) shall be binding on all participants (each a “Participant” or “You”) who voluntarily agrees to participate in the contest “SUNLAND SUPER DEAL WATCH AND WIN CONTEST” (“Contest”) which will be hosted by Star India Private Limited. (“SIPL”) for the purpose of promotion and Participant engagement during the telecast of a film between 6:00 pm and 9:30 pm. on 18th August, 2024 (“Film”) on its channel ‘Star Vijay Super’ (“Channel”).
The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. Participant should be a citizen and resident of Tamil Nadu, India, who is physically present and located in Tamil Nadu and who is of 18 (eighteen) years or above as on 18th August, 2024. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of SIPL for all matters relating to the Contest shall be final and binding in all respects.
The Terms and Conditions of and in relation to the Contest as stated herein, are 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 electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms and Conditions are irrevocably binding on each Participant who voluntarily participate in the Contest. The privacy policy available at https://www.startv.com/legal-terms-policies/#wpp (“Privacy Policy”), which is deemed accepted and agreed to by every Participant, by agreeing to participate in the Contest, shall govern all usage of any Personal Information (as defined in the Privacy Policy available at the aforementioned link) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by SIPL under or pursuant to the Contest.
The Contest shall be governed by the Principal Rules and General Rules as stated herein below and by agreeing to participate in the Contest, Participants shall be deemed to have unconditionally accepted and agreed to comply with and abide by the same prior to participating in the Contest. If the Participant does not agree to be bound or cannot comply with any of these Terms and Conditions and/or the Policies (defined below), then the Participant should refrain from continuing with and/or participating in the Contest. The act of voting and/or participating in the Contest as detailed below shall be deemed to be the Participant’s absolute agreement to the Terms and Conditions contained herein, Personal Data Privacy Policy, Privacy Policy, User Generated Content of SIPL, and Website Terms of Use (collectively, “Policies”) of SIPL as prescribed from time to time and available at https://www.startv.com/legal-terms-policies/#wpp (“Website”). These Policies may be amended by SIPL at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on Website unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that ignorance of the revisions made from time to time, shall not be a defense in any proceeding with regard to the Contest.
I. PRINCIPAL RULES
- SIPL shall announce the Contest via promos on the Channel, digital platforms of the Channel including Facebook, X and Instagram and/or through any other medium of exploitation which shall be at the sole discretion of SIPL.
- The Contest shall be conducted from 18th August, 2024, between 6:00 PM Indian Standard Time (“IST”) and 9:30 PM IST (“Contest Period” and 18th August, 2024 i.e. Sunday, shall be hereinafter referred to as “Contest Day”) on the Channel. SIPL reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions applicable to the Contest on the Channel and /or the Website from time to time. SIPL also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).
- The Contest shall comprise of 1 (one) question based on the Film with two answer options for the question (“Question”). On the Contest Day, during the telecast of the Film on the Channel from 06:30 PM IST to 9:30 PM IST, the Question will be triggered on the Channel accompanied by an aston and /or voiceover question template, which will be played 3 (three) times during movie and commercial breaks for 20 (twenty) seconds, carrying the link which will direct the Participants to details of the Contest mechanism, as deemed fit at SIPL’s sole discretion.
- To participate in the Contest and to be eligible for the Prize (as defined below), the interested Participant(s) shall be required to correctly answer the Question asked during the Contest Period on the Contest Day by following the below process:
i. There will be a total of 1 (one) question displayed on the Channel;
ii. Each question will have 2 options i.e., one correct answer and one wrong answer;
iii. These 2 (two) options will be mapped to a unique missed call number (VMN);
iv. The Participant will have to give a missed call to the VMN assigned to the respective answer options for the Question (“Answer (s))”). To be eligible to win the Prize, Participant’s Answer needs to be correct;
v. Only Entries received during the Contest Period are valid i.e. Participants shall give a missed call to the VMN assigned only between Contest Period ).
vi. If the Participant provides an incorrect Answer, then his/her Entry (as defined below) shall be considered incomplete, and the Participant(s) shall not be eligible for the Prize (as defined below). Answer(s)/Entry(s) received by SIPL after Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by SIPL. It is further clarified that missed call made by the Participant to an incorrect number or sent after the Contest Period will be deemed invalid and such Participant will be disqualified. For the purposes of this Contest, “receipt” of Answer(s) occurs when the mobile/network operator records the Answer upon the Participant(s) selecting the VMN assigned to the corresponding Answer Option through the missed call mechanism and the Participant (s) receiving receiving a thank you message stating “Thank you for participating in the SUNLAND SUPER DEAL WATCH AND WIN Contest, you will intimated upon winning *T&C Apply. Any automated receipt confirmation does not constitute proof of actual receipt. Providing the correct Answer for the Question during the Contest Period by the Participant(s) through missed calls to the VMA(s) assigned to the answer options shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, by submitting the Entry and /or Answer(s) the Participant(s) is representing that the Entry(s) and /or Answer(s) or contents thereof are not confidential or comprise any sensitive Personal Information. It is clarified that each Participant shall be allowed to send only one Entry from one particular mobile number for the Question for one Contest Day and the Participant shall not be allowed to submit /provide Answer(s)/Entries innumerable times through missed calls from the same mobile number to the unique mobile numbers assigned to the answer options for Question during the Contest Period. Answer/s Entries (i.e. missed calls) received after the Contest Period shall be considered null and void.
5. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.
6. It is clarified that all costs incurred by the Participant(s) to participate in the Contest shall be solely borne by the Participant(s) without any recourse to SIPL.
7. In case of telecom, network failure and/or any other reason, SIPL reserves the right to change the mechanism of the Contest or take such necessary steps as it may deem fit.
8. Upon the Participant(s) sending in their Entries to the Question, the mobile number from which the Participant(s) have answered the Question would get registered with the respective network provider.
9. It shall be deemed that the person in whose name the mobile number is registered (from which the missed call is made) shall be construed to have sent the Answer (s)/Entry(ies) for the Contest.
10. SIPL and/or the Channel reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason whatsoever. The decision of SIPL and/or the Channel in this regard shall be binding upon the Participant(s).
11. During the Contest Period on the basis of the Participant (s) having made a valid Entry and submitting the correct Answer to the Question triggered during the Contest Period, SIPL shall shortlist the Entries. Out of the shortlisted Entries, SIPL will select 1 (one) winner on randomiser basis (“Winner”). The Winner shall be entitled to a gratification of one (1) gram gold coin from Sunland, the value of which does not exceed Rs. 7,500/- (Rupees Seven Thousand Five Hundred only) (“Prize”). It is further clarified that SIPL shall at its sole discretion select the Winner based on the criterion (randomizer) mentioned herein.
12. The Winner will be announced 1 (one) week after the Contest on the digital platforms of the Channel including on Facebook, X and Instagram through a 20-second branded video promotion, or as deemed fit by SIPL. The announcement will be made on the Channel during the telecast of the film airing between 6:00 PM (IST) to 9:30 PM (IST).
13. Mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant(s) having made a valid Entry(ies) and providing the correct Answer to the Question triggered during the Contest Period shall be eligible to the Prize. It is further clarified that save and except the Prize, the Participant(s)/ Winner shall not be entitled to any other form of gratification (monetary or otherwise).
14. SIPL through its representatives shall call the Winner on the mobile from which the Entry is made by the Winner and inform him/her of winning of the Prize, within 7 (seven) days from the date of declaration of Winner. During the call, the representatives of SIPL will ask the Winner to submit to SIPL or their representatives, his/her photograph, scanned copies of his/her PAN card copy, ID proof, age proof which shall be any of one of the documents viz valid passport copy, pan card copy (Id proof only), driver’s license, Aadhar card, Ration card along with last two months phone bill for the mobile number registered with SIPL (from which the Participant has submitted his/her Entry in the Contest). (“Winner’s Documents”). The Winner shall be required to submit the Winner’s Documents to SIPL/their representatives within seven days from the date of the telephonic communication received from SIPL by the Winner to the email Id provided by the representatives of SIPL during the call. After receiving the Winner’s Documents, to the satisfaction of SIPL, the Winner will get an SMS (“Winner’s SMS”).
15. The Winner will thereafter receive the Prize via courier to the address provided to SIPL by the Winner.
16. The representatives of SIPL will make maximum 3 (three) attempts to contact Winner on the mobile number from which the Entry is made by Winner. In case, if lines are busy or phone is engaged, or mobile number is not reachable or switched off, in all the 3 (three) attempts for any reason whatsoever for a maximum period of 1 (one) month, then SIPL shall select some other Participant as Winner via the randomizer process and call for the Prize. SIPL shall not be responsible to any Winner, if the winning information sent by the representatives of SIPL is not reached or received by the Winner for any reason whatsoever including but not limited to mobile network failure or any other technical or non-technical flaws because of which the Winner is unable to receive the Prize.
17. If any of the Winners fails to collect the Prize within 1 (one) month, the same shall be expired/lapsed and the Winner will not be entitled to claim the Prize thereafter. The aforesaid 1 (one) month period for collecting the Prize will not be extended at any cost.
18. In the event the said Winner fails to adhere to the instructions of SIPL and/or fails to follow all the requisite steps as more particularly mentioned herein, then his/her selection shall be invalidated and SIPL shall not be liable to that Winner in any manner whatsoever.
19. SIPL and/or the Channel reserves the right to decide the Winners of the Contest at its sole discretion.
20. It is clarified hereby that SIPL shall have a discretionary right to postpone/ cancel/change the destination of the Prize of reasons of unavoidable circumstances.
21. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winners and the Winners cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person.
22. Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winner in relation to the Prize including gift tax, income tax etc.
23. The decision of SIPL and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by SIPL and/or the Channel.
24. By participating in the Contest, it shall be construed that the Winner has waived his/her right to raise any dispute in connection to the Contest and/or the selection procedure and/or the details of the scores and/or the Winner and/or the Prize.
25. The final selection of the Winner shall be made by SIPL and shall be final and binding on the entire group of Participants and in no event shall the Participants dispute the decision made by SIPL or its employees in connection to the Entry/Answer and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of SIPL shall be final and binding.
26. The Participants/ Winner(s) shall at all times comply with the applicable laws, the Terms and Conditions on which this Contest is hosted.
27. By entering the Contest, each Participant acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize awarded, 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 SIPL and/or SIPL 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.
28. SIPL reserves the right to disqualify any Participant(s)/ Winner(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by SIPL from time to time. SIPL reserves the absolute right and discretion to reject any Entry/ Answer or any part thereof at any stage of the Contest, including after declaring the Winners, if SIPL:
a. receives any notice or complaint relating to the Entry/ Answer not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;
b. determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such 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.
29. The decision of SIPL with regard to clause 28 hereinabove, shall be final and binding upon the Participant(s)/ Winner.
30. In consideration of the participation in the Contest, Participant/ Winner hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Answer, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to SIPL. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/ Winner in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub licensable license to SIPL for use in the entire world in any media and form as SIPL may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to SIPL including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/ Winner waives any so-called moral rights in the Entry.
31. Neither SIPL and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and the Winner agrees not to hold SIPL and/or the Channel and its employees, responsible with regards thereof.
32. By participating in the Contest, it is construed that the Participant(s)/ Winner has read and understood these Principal Rules including the General Rules stated below and has agreed to abide by the same.
33. Any and all incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Participant(s), and in no manner whatsoever shall the Channel/SIPL, be responsible for the same.
II. GENERAL RULES
1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, the decision of SIPL shall be final.
2. The Participant(s) should not have been previously convicted of any criminal offense or must not be a party to an arrangement or a contract that prevents them from participating in the Contest. The Employees of the SIPL, employees of Sunland and members of their immediate family, are not eligible to participate in the Contest.
3. Proof of age, if requested, of the Participant(s) must be submitted to SIPL (i.e., Birth Certificate, 10th Standard graduation Certificate/ School certificate/ passport/ an affidavit signed by a magistrate and attested in such manner) as may be required by SIPL to confirm the eligibility of the Participant(s). SIPL also reserves the right to disqualify a Participant(s)/ Winner(s) in case a discrepancy is found to exist in the information furnished/ provided/ stated by the Participant(s)/ Winner(s) at any point of time during the Contest Period.
4. The Participant(s)/ Winner represents and undertakes to execute and produce such further documents as may be required by SIPL in relation to the Contest.
5. Participant(s) agree, understand, and acknowledge that there is no prize/gratification for merely sending an Entry in the Contest.
6. Each Participant consents to the use of information submitted by the Participant(s)/ Winner including the Entry(s)/ Answer(s) for the purpose as set out in these Terms and Conditions.
7. SIPL reserves the right to cancel and/ or postpone the Contest without assigning any reasons and/ or without giving any prior intimation to the Participant(s).
8. In case a Participant(s)/ Winner is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content or Privacy Policy, then SIPL will disqualify the Entry/ Answer received from such Participant(s)/ Winner.
9. The Terms & Conditions shall be advertised sufficiently across the Website to ensure that no Participant is misled and understands the entire participation process prior to participating in the Contest.
10. In case of any telecom and /or network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or providing the Entry/ Answer and/or for any reasons whatsoever, SIPL reserves the right at its sole discretion to change the Contest mechanism for submitting the Entry/ Answer and /or cease from accepting Entry/ Answer of the Participant(s)/ Winner(s) during the Contest Period in any manner it deems fit and necessary. In addition SIPL shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Contest mechanism for submitting the Entry/ Answer including without limitation system failure in the mechanism of recording missed call due to any reason whatsoever including technical disruption/phone lines being open / a default in sending out the SMS alert to the Participant(s) upon sending the Entry/ Answer / close or default / failure/ any other difficulties of such nature due to which the Participant(s) is unable to participate or record his/her Entry/ Answer/ failure to logging on automatic acceptance of missed call as stated in these Terms and Conditions and /or informed during the telecast of the Film due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of SIPL.
11. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against SIPL, Channel, their employees, directors or its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind that may be suffered, including, without limitation due to any technical faults in the network and/ or connections or directly or indirectly due to or relating to their participation or non-participation in the Contest mechanism. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entry(s) will be disqualified.
12. The Winner must submit with SIPL and/or the Channel a copy of the last two bills issued by the network operator as a proof that the mobile number is registered in the name of the Winner and such other documents that could be furnished as proof that the mobile number is registered in the Winner name.
13. The Winner agrees to maintain complete confidentiality regarding their selection for the Prize and any matter relating thereto and shall not disclose any information pertaining to the Prize or the Contest which is disclosed to the Winner and which is not available to the public in general, to any person or media etc. without the consent of SIPL. In case the Winner breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.
14. The Prize cannot be transferred, negotiated, refunded or exchanged for money by the Winner. For the sake of clarity, there shall be no other gratification in addition to the Prize. It is clarified that it is not necessary that the act of collection of the Prize will be recorded by SIPL or will be communicated in in any manner on the Channel.
15. SIPL shall not be responsible to pay for any cost, expenses, taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, except as specified herein, and if applicable, the Winner agrees that the same shall be solely borne by the Winner.
16. SIPL shall not be responsible for any Entry(s)/Answer(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
17. SIPL reserves the right to forfeit the Prize in the event it is found by SIPL, or it has a reason to believe, that any information provided by the Winner including Personal Information is wrong, incorrect, fraudulent or misleading. SIPL shall have the right to declare another Participant(s) (on a random basis on the criterion mentioned herein) as the Winner of the Contest, at its sole discretion and transfer the Prize to such person. Such decision of SIPL shall be final and binding.
18. The Winner agrees that if due to any reason, whatsoever, beyond the control of SIPL, the Prize and/or the benefit in connection thereto becomes ineffective, invalid or unavailable (e.g. cancellation/postponement of the Contest), SIPL shall not be held responsible and/or liable for the same.
19. SIPL makes no representation and/or warranty regarding the Prize other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.
20. The Winner shall be solely responsible to avail the Prize at the time of delivery. The Winner agrees that he/she shall not hold SIPL and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize or damage during transit or any problem in connection to the Prize .
21. The Winner specifically agrees and undertakes on behalf of himself / herself and his / her respective family members that he / she shall unconditionally make himself / herself and his / her family members available from time to time and co-operate with SIPL and participate in any activity and/or campaign of any nature whatsoever (“Promotional Activity”) without any consideration whatsoever payable to the Winner for the same. The Winner on behalf of himself / herself and his / her respective family members allows, grants and permits SIPL or any party authorized by it to record (audio-video/audio or video), his /her and /or his / her family member’s appearances, participation, performance, acts ,any interaction of the Winner and /or his / her family members within themselves and /or with any celebrities, media or any third party, or any representative of SIPL, or any related series of sound recordings and video recordings which have been shot during the designated time at the venue and/or as part of the Promotional Activity on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Winner and /or his / her family members (“Footage”) and agree that the Footage may be used by SIPL as it deems fit anywhere in the world at any time now or in the future. The Winner agrees and acknowledges on behalf of himself and his / her family members that all rights in the Footage vests exclusively with SIPL worldwide in perpetuity and SIPL is entitled to exploit the same in any manner it may deem fit across any media or platform, whether existing now or which may come into existence into the future. The Winner further agrees and undertakes to execute on his / her behalf, necessary documentation as may be required by SIPL in respect of the exploitation and use of such Footage.
22. The Participant(s)/Winner shall not do any act either directly or indirectly during such Promotional Activity which may bring SIPL into public disrepute or denigrate any of the preceding, or offend any community or public morals, and in all public appearances the Participant(s)/Winner shall use her/his judgment in general demeanour and choice of language.
23. SIPL shall not be responsible if the Winner is not available at the telephone numbers, provided by him/her and as a result of which, the Winner loses his/her chance to the Prize.
24. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner have waived his/her right to raise any dispute with regard to the Contest, and /or the Prize in any manner whatsoever to the extent permissible under law.
25. For the sake of clarity, if the Winner refuses to collect the Prize, submitting the ID proof and signing the receipt, SIPL shall be released from all obligations towards the Winner in connection to the Prize won by the Winner. Further, after forfeiting the Prize, SIPL shall be entitled to select and declare another Winner from the Shortlisted Participants (on a random basis on the criterion mentioned herein), as it deems fit, and award the Prize to that Winner and such decision of SIPL shall be final and binding.
26. Further, SIPL shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner is not reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which SIPL is unable to intimate the Winner.
27. Neither SIPL nor its employees have given a guarantee regarding the quality of the Prize and the Winner agrees not to hold SIPL and/or the Channel and its employees, responsible with regards thereof. It is clarified that SIPL and/ or Channel shall not be responsible for the brand, quality, value etc. in connection to the Prize and the supplier/ manufacturer shall be solely responsible for the same.
28. SIPL will not be responsible nor shall be held liable for any defect in the Prize if any and/or to supply any purchase receipt of the Prize or any other document in relation to the Prize. The Winner agrees that he/she shall not hold SIPL and/or the Channel and/or their employees, responsible for delays or any problems in connection to the Prize.
29. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, Sunland, SIPL, or any of its channels, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/losses/ death/ mental or emotional trauma suffered by the Participant(s)/Winner, in any manner whatsoever in connection with the Contest, the Contest mechanism and/or the Prize won and/or the Film and/or any material submitted forming part of the Entry/Answer and/or any Personal Information submitted by the Participant(s)/Winner(s) 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.
30. SIPL 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 Participant(s)/Winner in any manner whatsoever, in relation to the Contest.
31. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify SIPL, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/ litigation/ injury/ damage/ harm/ loss suffered by SIPL in connection with any act of the Participant(s)/Winner and/or the Contest including any third party rights claims with respect to the material submitted by the Participant(s).
32. Each Participant hereby acknowledges and agrees that the relationship between the Participant/Winner and SIPL and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
33. The Participant(s)/Winner acknowledges that in case the performance of this Contest and/or availing the Prize cannot be fulfilled due to war, endemic, pandemic, government or industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then SIPL shall be at liberty and upon their sole discretion to terminate any such Prize and/or participation of a Participant(s)/Winner forthwith and such decision shall be final and binding.
34. The Participant(s)/Winner acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of these Terms and Conditions, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
35. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
36. The Participant(s)/Winner(s) shall at all times comply with the laws of India.
37. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or Prize and/or the Contest shall be referred to a sole arbitrator appointed by SIPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Chennai and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/Winner who has raised the dispute.
38. Subject to the provision of 37 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 Chennai, India.