TERMS AND CONDITIONS OF “MIRCHI CHENNAI EXPRESS MEENA HUNT”
CONTEST DESCRIPTION
Entertainment Network (India) Limited (hereinafter referred to as “ENIL”), is a company incorporated under the Companies Act, 1956, having its Registered Office at Matulya Centre, 4th Floor, Wing – A, Lower Parel (West), Mumbai – 400 013. ENIL has a national footprint and broadcasts/ airs its radio stations under the brand name and registered trademark “Radio Mirchi®”.
ENIL/ Radio Mirchi is organizing and conducting a contest tentatively titled as “MIRCHI CHENNAI EXPRESS MEENA HUNT” (hereinafter referred to as the “Contest”) which aims to find multi-talented girls in the cities of Bengaluru, Delhi and Chennai who can sing/ dance/ act/ perform etc. ENIL will conduct the on-ground events in each of the cities tentatively from 26 July, 2013 to 28 July, 2013; the winners of the city events (“City Finalists”) shall then participate for the final event to be tentatively held at Chennai on 4th August, 2013. The winner of the final event shall be entitled to the Grand Prize (“Winner”)
By reading this Contest terms and conditions AND participating in the Contest you irrevocably and unconditionally accept the same and you undertake to be bound by all the conditions contained therein without any kind of contestation and/or demur.
Besides the terms and conditions contained herein you shall be bound by the terms and conditions put up by ENIL on its website viz.: www.radiomirchi.com. Please click on link/URL below and carefully read the terms and conditions which are applicable separately to each Participant.
A. CONTEST TERMS AND CONDITIONS
1. The Contest shall commence from 20th July, 2013 (7:00am) and shall remain open for participation until 25th July, 2013 (11-00 p.m.) (hereinafter referred to as the “Contest Period”).
2. To participate in the Contest, Participant/s need to: a. Upload their photographs with a brief write-up about themselves on ENIL’s website viz.: www.radiomirchi.com latest by 25th July, 2013. ENIL may in its sole discretion shortlist such Participants to participate in the on-ground city Contest. It is however clarified that ENIL in its sole discretion may disqualify any entries containing edited photographs or copied write-ups for participation in the Contest. b. Send a text message with the text HUNT
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3. You are requested to examine/check the applicable tariff for sending message on the above mentioned number or for accessing ENIL’s website for uploading the photographs and write-ups for participation. The Contest is open for participation at your own cost and ENIL does not undertake or agree to bear any costs towards any expenses that may be incurred by you to participate in the Contest and/ or for the costs of travel and expenses for participating in the on-ground Contest. 4. Selection of the winner is based on the performance (song/ dance/ act) of the Participant as may be required by ENIL/Radio Mirchi during the on-ground Contest. The decision of ENIL/ Radio Mirchi will be final and binding and no communications/ correspondences will be entertained in this regard. 5. ENIL may, in its sole discretion, disqualify any submissions, and prohibit further participation in this Contest by, any person who tampers with or benefits from any tampering with the submission process or with the operation of this Contest or acts in violation of these Terms and Conditions, or acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person. 6. The winner will be rewarded with an opportunity to be crowned as “Mirchi Chennai Express Meena” by Deepika Padukone on the final on-ground Contest organized tentatively on August 4, 2013 at Chennai (hereinafter referred to as “Grand Prize,) 7. In the event where you become the Winner of the Contest, you undertake to do any and/or all acts, deeds, matter or things and further execute any and all documents in such manner and at such locations as may be required by ENIL in its sole and absolute discretion. 8. ENIL reserves the right to appoint a third party to conduct a verification of Participants/ City Finalists/ Winner and you agree that ENIL may provide all necessary information of Kinat 22/7/13 11:28 AM Participants/ City Finalists/ Winners to such a third party to facilitate such service. Deleted: s 9. Entries by Text Message/SMS must be sent to the applicable Short Code as advertised on- air. Please be aware that Short Codes may change from Contest to Contest. 10. As a Participant you will need an SMS compatible mobile phone with an account with a service provider that permits text messages to the premium rate number as mentioned in Kinat 22/7/13 11:28 AM these Terms and Conditions. SMS entries are deemed to be received on arrival, not when Deleted: our they are sent from your handset. SMS entries must be addressed to the correct number or short code and must include the correct keywords or other answer format as specified in Kinat 22/7/13 11:21 AM Contest Terms 2 (b) hereinabove. Entries which fail to do so will be void. Deleted: required by the specific Contest 11. Unless otherwise stated Participant may only submit one Text Message entry for the Kinat 22/7/13 11:21 AM Contest. Deleted: The format should be HUNT < NAME>
B. GENERAL TERMS AND CONDITIONS 1. This Contest is open for girls who are permanent or current residents of Bengaluru, Chennai or New Delhi only. Residents of other countries and non-citizens of India are not eligible to participate (“Participant/You/you”).
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2. You represent that you are legally competent to enter into and form binding contracts under applicable laws and have the express authority to do so without further reference to any other entity/person and that you do not suffer from any legal disabilities and infirmities. 3. You agree to provide complete and correct information in respect of your identity, contact details, age, sex and complete postal/correspondence address. Any incomplete or incorrect data furnished to ENIL would entail your disqualification from participating in the Contest. No communications/ correspondences in this respect will be entertained by ENIL. 4. No entries by post, email, courier, or any other means of communication other than that as specified herein shall be entertained for you to be eligible for participation in the Contest. 5. By participating in the Contest, each Participant agrees to follow these Terms and Conditions and to be bound by any decisions made by ENIL in its sole discretion, including any interpretations of these Terms and Conditions. 6. The participation of the Participants, City Finalists and Winner in the Contest shall mean that they have read, understood, accepted and agree to abide with all the rules including Kinat 22/7/13 11:31 AM the general rules of the Contest. Deleted: s 7. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/ or the operation of the SMS system etc., the decision of ENIL shall be final and binding on the Participants/ City Finalists/ Winner. 8. ENIL and its divisions, affiliates and subsidiaries, and their respective agents and representatives, are not responsible for any loss of entries for any reason whatsoever including due to any technical problems caused for entries received after the deadline as a consequence of internet services or computer service delays, interruptions, failures or overloads, or for lost, misdirected or misplaced entries. Entries are void if unreadable, inaccurate, incomplete, damaged, tampered with, falsified, mechanically reproduced, irregular in any way or otherwise not in compliance with these Terms and Conditions. 9. All Participants/ City Finalists/ Winner will be required to sign a form of legal release to be determined by ENIL in its absolute discretion. No claims/communication/ correspondence shall be entertained in this regard. 10. These Terms and Conditions constitute the comprehensive terms and conditions of the Contest and you are bound to comply with the guidelines, requirements etc. contained therein. Any non compliance with the same may disqualify you from participating in the Contest. 14. ENIL reserves the right to alter the Terms and Conditions without any further notice as ENIL may deem fit in its sole and absolute discretion. No communications/ correspondences will be entertained by ENIL on account of the aforementioned alterations/ modifications or otherwise. 15. ENIL accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected submissions made by you whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure, virus attack, unauthorised data hacking, data corruption, software or hardware failure or any other cause whatsoever.
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16. ENIL has no control over networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. 17. ENIL is not liable for any consequences of your error including (without limitation) costs incurred by you for the purpose of participating in this Contest in any manner whatsoever. 18. All entries, including the audio/ audio-visual recordings, if any, of the on-ground Contest, will be treated as the property of ENIL and can be used by ENIL for any promotional and/ or commercial activity and the Participants/City Finalists/ Winners waive all rights of whatsoever nature in the said entries in favour of ENIL by participating in the Contest. 19. By entering into the Contest by accepting these Terms and Conditions, the Participants Kinat 22/7/13 11:36 AM and/ or City Finalists and/ or Winner waive all copyrights, rights of publicity and any Deleted: related rights and consents to ENIL’s right to picture, tape or portray him/her as a Contest Participant/ City Finalist/ Winner, and to exhibit this material in any and all media now existing or hereinafter created, including without limitation television, film, radio, print and digital media, without any compensation whatsoever for advertising and publicity purposes. The Participants/ City Finalists/ Winner also consent to ENIL’s right to use her Kinat 22/7/13 11:36 AM name, voice or picture, or the content of her Contest entry (collectively, the “Publicity Deleted: his/ Rights”). Kinat 22/7/13 11:36 AM 20. Participants including the Winner release ENIL and its respective divisions, affiliates, Deleted: his/ subsidiaries, branches, directors, officers, employees and agents, as well as all others associated with the development and execution of this Contest, from and against any and all liability with respect to or in any way arising from this Contest and the awarding and use, misuse and non delivery of Grand Prize. 21. ENIL shall not be responsible for any errors or omissions in the Terms and Conditions contained herein. All information provided in the Contest is provided "As is" without warranty of any kind. ENIL makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Participant and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose. ENIL shall not be responsible for any claims with regard to warranty of the Grand Prize. 22. Under no circumstance, unless due to willful misconduct or gross negligence, shall ENIL and its affiliates/subsidiaries/parent company, their respective directors, employees, officers, be liable to the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. The Participant/ City Finalists/ Winner specifically agree not to file in person/through any family member and/or any third party any applications, suit, any criminal and/or civil proceedings in any courts or forum or tribunal situated in India against ENIL and its affiliates/ subsidiaries/parent company and their respective directors, employees, officers, affiliates or subsidiaries to claim any damages or any reliefs in connection with the Contest. 23. If for any reason any aspect of this Contest is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of ENIL which corrupts or affects the administration, security, fairness, integrity or proper
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conduct of this Contest, ENIL may cancel, terminate, modify or suspend this Contest, or invalidate any affected submissions. 24. ENIL will not be liable for any loss, damage or cancellation of this Contest caused by events beyond its reasonable control including war, natural calamities, floods, etc. 25. In no event shall ENIL be liable for any losses or any incidental or consequential damages arising out of or in connection with the Contest, its services or these Terms and Conditions however arising and including negligence. It is further re-iterated that ENIL shall not be responsible for any product or service liability of any kind. 26. The Participants, City Finalists and Winner of the Contest will abide to all the laws applicable in India. ENIL/Radio Mirchi will not be liable for non-compliance of any laws by Participants, City Finalists, Winner of the Contest and they hereby indemnify and hold harmless ENIL and Radio Mirchi in relation thereto. 27. ENIL is empowered to take a decision on any case not covered under these Terms and Conditions. 28. In the event of any conflict or inconsistency regarding any instructions, rules and conditions on any advertising or promotional material relating to the Contest, these Terms and Conditions shall prevail over all such instructions, rules & conditions. 29. No queries/clarifications/suggestions/communications etc. shall be entertained on operation/ selection process, which would be entirely the discretion of ENIL. 30. All Intellectual Property Rights (hereinafter referred to as “IPR’s”) including but not limited into rights, title and interest in the concept of the Contest, the promotional materials, creative(s), design, content etc coming into existence with respect to the Contest, will vest unconditionally and irrevocably with ENIL to the exclusion of all other persons/entity. ENIL or any person or entity permitted by ENIL will be entitled to use the information received by ENIL in connection with the Contest in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to you. 31. The Contest shall be governed by and construed in accordance with the applicable laws in India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai only. The contest is void where prohibited by law. 32. By taking part in the Contest through SMS/ internet entries, you agree to unconditionally and irrevocably accept all the Terms and Conditions stated herein. 33. This Contest is open to all, other than the employees of Entertainment Network (India) Ltd., Times Infotainment Media Ltd., Times Innovative Media Ltd., Mirchi Movies (India) Limited, Alternate Brand Solutions (India) Limited, Bennett Coleman & Company Limited and its subsidiary or associated companies, or their relatives. 34. Nothing contained herein amounts or constitutes to be a commitment or representation by ENIL to conduct further or other Contest of similar nature. 35. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between you and ENIL and you shall have no authority to bind ENIL in any manner whatsoever. 36. ENIL reserves the right to change, alter or cancel this Contest in part or full, or change any or all of the Terms and Conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages.
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37. You shall be deemed to have notice of any such amendments or interpretations upon publication of the same on ENIL’s website and shall be deemed to have accepted such amendments or interpretations by virtue of your continued participation in this Contest. Should you wish not to continue to participate in this Contest pursuant to the prevailing terms and conditions as amended or interpreted, you may terminate participation in this Contest upon written notice to ENIL. 38. The decision of ENIL in general and with respect to the Contest and the Terms and Conditions thereto shall be final and binding on all the Participant(s) and no communication shall be entertained in this regard.
DISCLAIMER
• ENIL is a broadcaster in respect of the Contest and ENIL shall not be responsible for any non-performance or breach of any contract entered into by Participant(s) and does not guarantee that any transaction concluded on the Contest will be performed by the concerned Participant(s). • By participating, the Participants/ City Finalists/ Winner release, discharge, indemnify, and hold harmless ENIL, their parent, subsidiary, successor, and affiliated companies, and their respective officers, directors, employees, agents, and representatives, advertising agencies and (collectively the “Releases”) from any and all liability, loss, harm, injury, damage, cost and expense whatsoever arising directly or indirectly from participation in the Contest. • ENIL excludes all liability whatever for any costs, expenses, damages, liability, injury or disappointment suffered by you arising out of or in any way connected with the Contest. • ENIL accepts no liability for any errors or omissions, whether on behalf of itself or third parties. • ENIL shall not be responsible for any computer/ systems/ or any other related breakdowns/failures which might result in non–participation of the Participant in the Contest. • ENIL is not responsible for any system failure or breakdown in the Contest due to any telecommunication company(ies).
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