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“ADAL BADAL” ENTRY PROCESS RULES AND REGULATIONS “Adal Badal Entry Process” (“Entry Process”) is pertaining to a reality game show titled “Adal Badal” (“Program”) being produced by Viacom18 Media Private Limited (“Viacom18”) by itself or through production house whereby the Selected Participants (as defined below) along with his family and friends, will have to put at stake their own electronic gadgets/appliances in order to participate in each round of a game of answering trivia quiz so as to stand a chance to win upgraded electronic gadgets/appliances in each such round if the Selected Participant along with his family/friends wins the quiz in each such round. Further, in case the Selected Participant along with his family/friends wins any upgraded electronic gadgets/appliances he/she will have to donate the electronic gadgets/appliances that they have put at stake to any person of his/her choice. However, if they fail to give the correct answer/s, they do not get the upgraded electronic gadgets/appliances and lose the electronic gadgets/appliances that they have put at stake and he/she will have to donate such electronic gadgets/appliances to any person of his/her choice. Such Program shall primarily be telecast on Colors Bangla (“Channel”) and/or any other platforms at such date and time as may be decided by Viacom18 at its sole discretion. The rules and regulations governing the entry process to this Program is as under: (A) Procedure to register to participate in the selection process:

  1. The Entry Process will be held from May 30, 2019 until such date as may be communicated by the Channel (“Period”). Viacom18 /Channel shall extend or curtail the Period or abandon the Entry Process at its sole discretion.
 
  1. The participant(s) who is interested in participating and qualifying for the Entry Process are required to give a missed call to 9999255049.
 
  1. The participant(s) will then receive a push back message acknowledging their entries.
 
  1. The viewers who are subscribers of (i) Vodafone or (ii) Idea or (iii) Airtel or (iv) Jio will be able to participate in the Entry Process.
 
  1. Viacom18 shall not be responsible in case of any network problems such as breakdown of machinery, unclear network, disruption in the network, etc. Any dispute in connection to the same shall be settled between the participant(s) and the network operator without involving Viacom18.
 
  1. In case of telecom and/or network failure, Viacom18 reserves the right to change the entry mechanism or take such necessary steps as it may deem fit.
 
  1. Any entry sent after the Period mentioned herein shall not be considered and shall be null and void.
  (B) Cost applicable for the missed calls made by the Participant(s):  
  1. Viacom18 shall not be responsible in the event of any network problem and/or the cost of the missed calls, if any, charged by the telecommunication operator. Any dispute in connection to the same shall be settled between the subscriber and the telecommunication operator directly and without involving Viacom18.
  (C) Selection Process 1:  
  1. After all the missed call entries are received by the Channel/Viacom18 within the Period, all the participants, would require to undergo an audition process as may be finalized by Viacom18 at its sole discretion, (“Short Listed Participant(s)”) .
 
  1. In selecting the Short Listed Participants, Viacom18 may conduct series of auditions of with the Participants which may include telephonic conversations, visiting their home, exchange of photographs and / or videos of the participants through mobile phone or any other means of communications as the Viacom18 may deem fit for the process.
 
  1. Viacom18 and/or the Channel shall have the sole right to decide the date and time of above mentioned auditions and further right to make any changes to any scheduled auditions.
 
  1. If the Short Listed Participant(s) fails to complete any process of the audition or part thereof as above mentioned on the scheduled date and time, such Short Listed Participant(s) will be disqualified.
 
  1. The Short Listed Participant(s) will be required to get himself/herself registered by executing the necessary documents and also by furnishing the documents as required to verify the personal details of the Short Listed Participant(s). Each of the Short Listed Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules) in original to confirm the eligibility details, etc. provided by the said Short Listed Participant(s). In case the said Short Listed Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also submit photocopy of the same, the said Short Listed Participant(s) shall be disqualified by the Channel/Viacom18.
 
  1. Viacom18 shall select such number of participant(s) as may be decided by Viacom18 at its sole discretion from the Short Listed Participant(s) (“Selected Participant(s)”) who Viacom18 believes has given the best performance as per Viacom18’s creative requirements in the auditions conducted as above mentioned. Viacom18 shall solely have the right to select the Selected Participant(s) and none of the participant(s) shall dispute and/or be entitled to dispute the decision made by Viacom18 .
 
  1. Viacom18 reserves the right to select the Selected Participant(s) as per its sole discretion and the same shall be informed/contacted communicated by Viacom18.
 
  1. The Selected Participant(s) will further get an opportunity to participant in the Program on the Channel (“Selection”).
 
  1. The Short Listed Participant(s) shall not raise any dispute with regard to the Entry Process including but not limited to the selection of the Participant(s) etc.
  (D) Rules for participating in the Program:  
  1. Viacom18 and/or the Channel(s) shall have the sole right to decide the dates of audition/shoot of the Program and the Selected Participant(s) shall be present on all such days as communicated by the Channel and/or Viacom18 from time to time.
 
  1. In the event, the Selected Participant(s) is unavailable on the date on which Viacom18 has decided to audition/shoot for the Program, Viacom18 shall be entitled to announce somebody else as the Selected Participant(s) of the Entry Process.
 
  1. All and any incidental costs (direct and/or indirect), in relation to the Selection process, including but not limited to any STD/ISD/local calls including travel, boarding, lodging etc. shall be borne by the Selected Participant(s) and in no manner whatsoever shall the Viacom18 be held responsible for the same.
 
  1. The Selected Participant(s) shall not at any point of time be entitled to and/or claim any amount for the performance in the Program.
 
  1. Viacom18 and/or the Channel reserve the right at any time to withdraw the Entry Process without giving any prior notice thereof.
 
  1. Viacom18 reserves the right to decide the monetary value and the brands of the upgraded electronic gadgets/appliances in its sole discretion.
 
  1. Viacom18 makes no claims regarding the upgraded electronic gadgets/appliances being of same/similar monetary and/or brand value as the electronic gadgets/appliances that have been put at stake by the Selected Participant in the game. The Participants agree that he/she shall not have a right to choose the monetary and/or brand value of the upgraded electronic gadgets/appliances and acknowledge that the upgrade to the electronic gadgets/appliances would mean and include an upgrade in terms of functionality, features etc. of the electronic gadgets/appliances.
 
  1. The Selected Participant shall be required to choose the person to whom he/she would like to donate his electronic gadgets/appliances that have been put at stake by the Selected Participant for participating in the game. Further, the Selected Participant agrees and acknowledges that the Selected Participant and the person who he donates his electronic gadgets/appliances, individually and severally, will be responsible and liable for managing the logistics and all the taxes, levies, charges, costs, expenses etc. in relation to such electronic gadgets/appliances.
  General Rules  
  1. The participant(s) and family/friends should be citizens of India, residing in West Bengal, India and above 18 years of age to qualify for the Entry Process.
 
  1. The participant(s) and his family/friends with whom they intend to participate in the Program should not have any criminal conviction.
 
  1. Proof of age is a must for the participant(s), must be submitted to the Channel/ Viacom (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).
 
  1. Viacom and/or the Channel reserve all rights to make amendments to the existing rules without prior notice.
 
  1. Non-conformance by any participant(s) and/or the Short Listed Participant(s) and/or Selected Participant(s) of the rules of the Entry Process will disqualify the participant(s) or the Selected Participant(s) from participation immediately, as the case may be.
 
  1. Viacom18 may in its sole discretion exclude a participant(s)/Short Listed Participant(s)/Selected Participant(s) from participation in the Entry Process and/or Program which may include without limitation (i) circumstances which, in Viacom18’s view, renders the participant(s)/Short Listed Participant(s)/Selected Participant(s) unfit to participate therein; (ii) inability to produce documentation required by Viacom18 and/or the Channel in the rules and/or at any given point of the time.
 
  1. Viacom18 reserves the right to cancel the entry of the participant(s)/Short Listed Participant(s)/Selected Participant(s) for any reason whatsoever. For avoidance of doubt, the participant(s)/Short Listed Participant(s)/Selected Participant(s) agrees that all the intellectual property rights in and to the Entry Process shall continue to vest with Viacom18 for whole world and in perpetuity, without any consideration payable to the participant(s)/Short Listed Participant(s)/Selected Participant(s).
 
  1. Viacom18 and/or the Channel may refuse the participant(s)/Short Listed Participant(s)/Selected Participant(s) from participating in the Entry Process in the event of his/her fraud, dishonesty or non-entitlement to participate in the Entry Process under this rules and regulations.
 
  1. All participant(s)/Short Listed Participant(s)/Selected Participant(s) of the Entry Process agrees that he shall make himself/herself and his family/friends available from time to time and co-operate with the Channel and/or Viacom18 and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the participant(s)/Short Listed Participant(s)/Selected Participant(s). Further, neither the participant(s) nor the Short Listed Participant(s) nor the Selected Participant(s) nor their family/friends shall at any point of time refuse or disagree to participate in any such Promotional Activity or the Program (as the case may be) for any reason whatsoever. The participant(s)/Short Listed Participant(s)/Selected Participant(s) agree that the footage of any nature with regard to the participant(s)/Short Listed Participant(s)/Selected Participant(s) shall vest with Viacom18, including but not limited to all intellectual property rights and any other rights for whole world and in perpetuity.
 
  1. The Selected Participant(s) agrees that the Selection done in this Entry Process is only an opportunity to participate in the Program and hence it cannot be exchanged with other items and/or for cash equivalent. If the Selected Participant(s) refuse to accept the Selection, the Channel and/or Viacom18 shall be released from all obligations towards the Selected Participant(s) in connection to the Selection and declare some other Short Listed Participant(s) as the Selected Participant(s) of the Program.
 
  1. Viacom18 and/or the Channel shall have irrevocably rights to the Entry Process and/or participation of the participant(s) including all the activities of the participant(s) during their participation in the Entry Process including but not limited to the Short Listed Participant(s) and/or Selected Participant(s) being filmed and/or recorded and/or broadcast on the Channel or any other channel that Viacom18 and/or any other channel, which Viacom18 and/or the Channel may deem fit. Further, the participant(s)/Short Listed Participant(s)/Selected Participant(s) shall permit Viacom18 and/or Channel to use of the participant(s)’s/Short Listed Participant(s)’s/Selected Participant(s)’s name, likeness and private life to be included in the subject matter of the Entry Process and any related publicity, advertising, magazine material and/or otherwise. Further Viacom18 and/or Channel shall have full right to the footage/pictures of the participant(s)/Short Listed Participant(s)/Selected Participant(s) and his family/friends of any nature in relation to this Entry Process and all such rights shall at all times vest with Viacom18, including but not limited to all intellectual property rights, copyrights and any other rights, in any and all media, for whole world and in perpetuity. It is agreed that the footage/picture or the details of the participant(s)/Short Listed Participant(s)/Selected Participant(s) and his family/friends can be arranged, re-arranged, added to other material without any permission/payments to the participant(s) and/or the Short Listed Participant(s) and/or the Selected Participant(s) and his family/friends.
 
  1. Notwithstanding a participant(s)’s/Short Listed Participant(s)’s/Selected Participant(s)’s participation in the Entry Process and/or the Program (as the case may be) there is no obligation on the part of Viacom18 to broadcast the Entry Process and/or the episode of the Program in which she/he has taken part, or any or all of her/his contribution as recorded by Viacom18 or to select the participant(s).
 
  1. The participant(s) and/or the Short Listed Participant(s) and/or the Selected Participant(s) agrees that she/he shall hold harmless the Channel, Viacom18, its employees, officers or any other person in relation to any mental or physical or psychological injury/damage/harm/loss suffered by her/him and his family/friends, in any manner, whatsoever in connection with the Entry Process and/or the Program and 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 against the Channel and/or Viacom18 and/or the production house engaged by Viacom18, to claim any damages or relief or otherwise.
 
  1. Employees of the Channel and/or Viacom18 and/or the sponsor of the Program (if any) and the members of their immediate family, persons with criminal convictions, persons other than citizens of India, are ineligible to enter the Entry Process.
 
  1. Participation of the participant(s)/Short Listed Participant(s)/Selected Participant(s) in the Entry Process shall be construed that the participant(s) has waived their rights to dispute any decision(s) made by Viacom18 and/or the Channel in connection to the Entry Process and/or the Program and/or any prize, and that the participant(s)/Short Listed Participant(s)/Selected Participant(s) agrees to all the decision(s) made by Viacom18 and/or the Channel and that all the decision shall be final and binding upon the participant(s)/Short Listed Participant(s)/Selected Participant(s). No correspondence in this regard shall be entertained.
 
  1. The participation of the participant(s) in the Entry Process shall mean that the participant(s) has read, understood, accepted and agreed to abide with all the rules including the general rules of the Entry Process.
 
  1. These Rules & Regulations, Entry Process, the Program and all matters/disputes arising in relation thereto shall be governed by and construed in accordance with the laws of India and the participant(s) submit irrevocably to the jurisdiction of the Courts in Kolkata .
 
  1. Participation in the Entry Process does not guarantee the selection or participation of the participant(s) and such selection shall be as per the sole discretion of Viacom18.
 
  1. Viacom18 is empowered to take a decision on any case not covered by the present Rules and Regulations
  Liability
  1. Viacom18, the host, the advertising agencies, the production house/sub-contractors used by Company for the Program, and any person or entity connected with the production (including the format owners and the broadcasters of the Program), administration or judging of the auditions, the the Program (the “Relevant Parties”) shall be under no liability whatsoever to the participant(s), in respect of any loss, damage suffered by the participant(s) arising from or pursuant to the Program or for any and all loss, damage, cost, expense or injury to life or property sustained by the participant(s) at any stage of the Program including auditions, Entry Process etc. and during production thereof whether or not caused by (1) the administration (including scheduling) of the Program including any failure of transportation or inability for any reason to appear/be present for the auditions; (2) the participants or any third party’s participation in the audition, or being selected or disqualified; (3) as a result of the decisions of Viacom18 or its representatives; (4) as a result of any comment, remark, judgment, view, criticism, critique, opinion and/or observation made and/or passed by the host of the Program and/or Viacom18; and/or (5) any printing, typographical or technological errors in any materials associated with the Program. Notwithstanding the generality of the foregoing, the Relevant Parties expressly exclude 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 the Program. In no event, will the measure of damages include, nor will the Relevant Parties 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(s); or circumstances beyond the Relevant Parties including the Producer’s reasonable control.
 
  1. The winner(s) and/or the participant(s) agree that he/she shall hold harmless the Channel, Company, its employees, officers, sub-contractors or any other person in connection with the prize won by them and/or in relation to the Program including but not limited to the Entry Process and shall also not 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 against sponsor and/or the Channel/Viacom18/production house engaged by Viacom18 to claim any damages or reliefs.
 
  1. Apart from the entitlement to be part of the Program, the participant or their legal heirs will have no other rights or claims against Viacom18/Channel. For the sake of clarity, it is stated that the participant(s) for the audition shall not be paid any consideration.

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