TERMS AND CONDITIONS
The following are the terms and conditions governing the contest “‘Chirodini Ami Je Tomar Dekhlei Rupo’” (“Contest”) held in connection with Holi celebrations conducted by “Colors Bangla” (“Channel”) in India hosted by Viacom18 Media Private Limited (“Viacom18”) (“Contest”) The Contest shall held from a period commencing from 9th March, 2020 at 6.30 PM to 14th March 2020 at 10:00 PM (“IST”) (“Contest Period/ Period”).
The contest invites interested persons to participate in the Contest by answering the questions being displayed on the Channel between 6.30 PM to 7 PM (IST) during the airing its program (Chirodini Ami Je Tomar’ (hereinafter collectively referred as “Program”) during the Contest Period following all required mandates herein below (“Participant(s))”.
By participating it is deemed that the Participant(s) have read, understood, accepted and agree to unconditionally abide with all the Terms and Conditions of the Contest.
1. Principle Rules
To participate in the Contest the Participant(s) shall follow the procedure as detailed below:
i) Participant(s) must be citizens of India and of eighteen (18) years of age or above residing in the state of West Bengal at the start date of the Contest Period. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.
ii) Employees of and/or consultants of and/or persons hired on contract by Viacom18 and the members of their immediate family are ineligible from participating in the Contest.
iii) During the telecast of each Program on the Channel one question shall be displayed on the Channel anytime between 6:30 PM IST to 7:00 PM (IST) during the Contest Period. The question shall have 2 options out of which one of the options would be the right answer to that question.
iv) To participate in the Contest, the Participants must watch the Program telecast on the Channel during the Contest Period. The Participant can select one option from amongst the 2 options given to along with each the questions and submit the answer as per the Answering Mechanism mentioned hereinbelow.
v) A Participant can send their answers the questions asked through any of Answering Mechanism (as defined below) after the completion of telecast of the Program of that particular day from 7:00 PM IST to 10 PM IST on the day when the questions have been aired (“Contest Window”). Any answer that sent outside of the Contest Window shall not be considered and shall be deemed null and void.
2. Answering Mechanism
Viewers interested in participating in the Contest may do so by sending their answers within the Contest Window by/ either by way of SMS Mechanism and Facebook Mechanism (collectively “Answering Mechanism”)
i) SMS Mechanism: Participants can send in the answer to question by selecting an option associated and by sending text message containing the keyword assigned to each of the options, to the number 56161.
The viewers interested in the Contest can participate may do so by sending text message in the format prescribed below to 56161 (“SMS Entry/(ies)”).
COLBNG
A Participant who intends to participate in the contest shall comply with the following conditions:
a. the viewer needs to use a valid phone number, registered either with the network operators viz. Aircel, Airtel, Idea, Reliance Jio, Tata, Vodafone;
b. Each SMS shall be chargeable, at the applicable rate of the network operators as on date of upload of the rules and regulation, and any change in the charge of SMS (due to law or network operators policy) shall be checked by the viewer at his/her sole responsibility.
ii) Facebook Mechanism: Participant(s) must have a valid Facebook account and have to ‘like’ the Facebook Page of Colors Bangla to be eligible to participate in the Contest. For the sake of clarity, it is hereby agreed to and confirmed by the Participant(s) that the same does not include a Facebook account opened and operated by a family member and/or friend of the Participant(s).
During the telecast of the Programs questions shall be displayed on the Channel. Each question shall have 2 options out of which one of the options would be the right answer to that question. During the airing of the Program the Participants shall be invited to the Facebook Page, where each Participant shall have option to submit their answers through Facebook direct messenger (“Facebook Entry/(ies)”). All the questions shall be displayed only on the Channel and no questions shall be displayed on the Facebook Page.
SMS Entry/(ies) and Facebook Entry/(ies) hereinafter be collectively be referred to as “Entries”
iii) A Participant shall be required to give their answers only through the Answering Mechanism prescribed hereinabove within the Contest Window. Out of all the eligible Entries received within the Contest Window within the Contest Period the Channel shall select Participants as “Daily Winner” through random selection. Channel will select a maximum of 250 participants as Daily Winners for the entire the Contest Period. Out of all the eligible Entries received during the entire Contest Period the Channel shall select one Participant with the maximum number of correct answers as “Mega Lucky Winner”. Daily Winners and Mega Lucky Winner shall hereinafter be collectively referred to as “Shortlisted Participant(s)”.
The decision of Viacom18 in selection of Shortlisted Participant(s) shall be final and binding in this regard. Each Entry shall be judged inter alia, on the basis of its relevancy to the Contest, speed of answering etc. The decision of Viacom18 is final and binding in this regard.
iv) Such Shortlisted Participant(s) who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Viacom18 shall be declared the Winner(s) and shall be entitled to the Prize (as defined below).
v) The Shortlisted Participant(s) will be contacted via call to provide their name, age, email id and phone number (“Contact Details”) to within 24 hours after being declared as the Shortlisted Participant. Upon receiving the call, such Shortlisted Participant(s) would then be asked to send their Contact Details via email or any other medium as agreed by Viacom18 within 24 hours of such message without which they will not be entitled to the Prize. Each Shortlisted Participant(s)/ consent to the use of information supplied by the them for the purposes as set out in these Terms and Conditions. The Shortlisted Participant(s) agrees and confirms that such contact details shall be their own, and that Shortlisted Participant(s) shall at no time submit any contact details which belong to a third party.
vi) Upon receipt of the Contact Details, Viacom18 shall contact the Shortlisted Participant(s) via email to submit scanned copies of their identity proof, age proof and address proof (eg picture of passport/electricity bill/any other valid ID for verification) (“Document”) within 48 hours of such email. In the event, any Shortlisted Participants fails to submit the Documents, his/her participation shall be invalidated and Viacom18 shall forfeit his/her chance to win the Prize (as defined below). It is clarified that Viacom18 shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).
vii) Viacom18 shall make only one (1) attempt to reach the Shortlisted Participant(s). In case they do not revert, their selection shall be invalidated and Viacom18 shall not be liable to that Shortlisted Participant(s) in any manner whatsoever.
viii) Upon verification of the credentials only those Shortlisted Participant(s) that are in compliance with Terms and Conditions requirements stated herein, shall be contacted via through a telephone call, informing them that they are the Winner(s). The communication to the Winner(s) would be done within thirty (30) days from the end of the Contest Period.
ix) Announcement of Daily Winners will be done from every day from 11th March, 2020 till the end of the Contest Period during the telecast of the Programs and on the Channel’s Facebook page. Announcement of Mega Lucky Winner shall be done on 17th March, 2020 and on the Channel and the Channel’s Facebook page. In case the winner announcement is postponed for whatsoever reasons, Viacom18 will not be held responsible.
x) Winners of the Contest shall win the following (“Prize”).
i) Daily Winners of the Contest shall win one silver coin worth Rs. 5000/- (Indian Rupees Five Thousand only) which shall be collected from Channel’s office on any working day within a month from the date of announcement.
ii) Mega Lucky Winner shall get one-time opportunity to meet and greet with the cast of the Program at a venue as decided by Viacom18 along with one person of their choice.
xi) Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by Viacom18 from time to time will make such Participant’s Entry(ies) null and void.
3. General Rules:
i) Viacom18 reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Contest on the website of Viacom18 i.e. www.colorsbangla.com
ii) Viacom18 may at its sole discretion extend or curtail the Period of the Contest or may suspend or abandon the same at any time without any prior notice of the same.
iii) Entries sent after the Period will not be considered for the Contest and shall be deemed null and void.
iv) Participant(s) shall at all times ensure that the Entry adheres to the applicable laws in force in the territory of India.
v) Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Entries from more than one mobile numbers, Viacom18reserves the right to disqualify such Participant(s) from the Contest.
vi) Each Entry shall be checked by Viacom18 inter alia, if the answer given is correct, and follows the aforementioned rules. The decision of Viacom18 shall be final and binding. The Participant(s) agrees and confirms that the Participant(s) shall at no time challenge such decision of Viacom18and/or raise any claims or disputes in relation to the same.
vii) Viacom18 shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the Entry reached the server of the concerned telecom/mobile operator. Any automated receipt confirmation does not constitute proof of actual receipt. Any unclear/incorrect/incomplete Entry, including wrong characters in Entry shall be considered invalid vote and deemed null and void.
viii) The Participant(s) agree and confirm that Viacom18 shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the telecom server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Viacom18. Neither Viacom18 nor the Channel shall be responsible in case of any kind of network problem, technical failure whatsoever and/or the data charges/costs charged by the network operator(s). Any dispute in connection to the same should be settled directly between the viewer/subscriber and the operator(s) without involving Viacom18 and/or the Channel in any manner.
ix) Viacom18 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 Shortlisted Participant(s)/ Winner(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Viacom18is unable to intimate the Shortlisted Participant(s)/Winner(s).
x) Viacom18 reserves the right to disqualify any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. The decision of Viacom18 in this regard shall be final and binding upon the Participant(s), and the Participant shall not at any time challenge and/or dispute such decision of Viacom18.
xi) The Winner(s) agrees and confirms that the Prize so awarded by Viacom18 shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.
xii) The Mega Lucky Winner(s) agrees and acknowledges the following:
a. The meet and greet event for the Mega Lucky Winner(s) shall take place on the day/date as determined by the Viacom18 in its sole discretion. Viacom18 shall have the right to change the date and/or venue of such meet and greet in its sole discretion and without assigning any reason for the same. Mega Lucky Winner(s) and persons accompanying them / attending the said meet and greet shall strictly comply with the rules of the meet and greet venue.
b. Mega Lucky Winner grants Viacom18 irrevocable consent in perpetuity to the use his/ her name, photographs, video tape taken during the meet and greet event in any and all applications including but not limited to advertising, commercials, promotion, stories, text, articles and commercial exploitation, in any and all media forms, including but not limited to radio, broadcast and television, newspapers and magazines at any time without the Participant(s)/Winner further knowledge or consent.
c. It is hereby expressly stated that the Mega Lucky Winner shall be solely responsible to arrange and pay for their travel, internal travel, accommodation, food and beverages and all costs / expenses incurred by the Winner in availing the said Prize and/or incurred otherwise. Viacom18 takes no responsibility to bear or reimburse any cost or expense that may be incurred by the Mega Lucky Winners or the person accompanying the in availing the Prize.
xiii) The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value.
xiv) During the delivery of the Prize if any loss/damage etc. is caused/incurred, Viacom18 shall not be liable for any such loss/damage etc. Further, Viacom18shall not be responsible or liable for any change in the Prize.
xv) The Winner(s) agrees that he/she shall not hold Viacom18and/or its employees, responsible for delays or any problem in connection to the Prize.
xvi) Neither Viacom18 nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Viacom18and its employees, responsible with regards thereof. It is clarified that Viacom18shall not be responsible for the quality, value etc. in connection to the Prize and the supplier shall be solely responsible for the same.
xvii) The Winner agrees that if due to any reason, whatsoever, beyond the control of Viacom18 the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Viacom18 cannot be held responsible and/or liable for the same.
xviii) All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Viacom18, be responsible or liable for the same in any manner whatsoever. Winners shall be solely responsible to arrange and pay for their travel, internal travel, accommodation, food and beverages and all costs / expenses incurred by the Winner in availing the said Prize and/or incurred otherwise.
xix) Viacom18 is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.
xx) Viacom18 reserves the right to forfeit the Prize in the event it is found by Viacom18 that any information provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Viacom18 shall have the right to declare another Participant(s) as the Winner of the Contest and transfer the Prize to that person.
xxi) The Winner(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Viacom18in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Viacom18.
xxii) Each Participant(s)/Winner(s) consents to the use of information supplied by the Participant(s)/Winner(s) for the purposes as set out in these Terms and Conditions. The Participant(s) agrees and confirms that such contact details shall be their own, and the Participant(s) shall at no time submit any contact details which belong to a third party.
xxiii) The Participant(s) and/or the Winner(s) shall fully indemnify, defend and hold harmless, Viacom18its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms and conditions hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner(s) during the Contest and/or enjoyment of the Prize.
xxiv) The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with Viacom18and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with Viacom18, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity. The Winner further agrees that his/her recipe shall be used in any Promotional Activity on social media or otherwise.
xxv) By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of Viacom18, in any manner whatsoever.
xxvi) In case of any dispute or other matter arising in reference to the Contest and/or the Prize the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Kolkata, India.
