The Contest is organized by Viacom 18 Media Private Limited (“Organizer”) and is open all individual participants who:
(i) reside within India; and
(ii) hold valid proof of Indian citizenship; and
(iii) have a valid Google account, Twitter account, Instagram account and a valid Facebook account; and
(iv) follow the Colors Infinity Twitter page, Facebook page and Instagram page.
- The Contest shall commence on 7th June, 2019 at 16:00 hours and shall conclude on, 1st July 2019 at 20:00 hours (“Contest Period”). Entries received after the Contest Period shall not be entertained and shall be considered ineligible for the Contest.
- To participate in the Contest, the participants (“Participants”) will be required to log on to the ‘Colors Infinity Shark Fin Microsite’ at website www.colorsinfinity.com/sharkfin (“Contest Website”). The Participants shall be required to login to the Contest Website and register themselves by filling in the details in the form. Once the Participants have registered themselves as per the required process on the Contest Website, the Participants will be required to answer a question(s) (the “Contest Questions”) and provide the required answer(s) (“Contest Answers”), and the same must be in accordance with the Contest terms and conditions.
- By participating in the Contest, the Participants agree to be bound by any rules, regulations, guidelines or policies (“Rules”) associated with the Contest and agree to be bound by any decisions made by the Organizer, including any interpretations of such Rules by the Organizer.
- By participating in the Contest, the Participants represent and warrant that the Contest Answers provided by the Participants shall be in response to the Contest requirement and Contest Question, and shall not be in breach of any third-party rights or defame/offend any person, sect, cast, etc. and that it shall in no manner infringe any rights including the copyright of a third person/party. In the event of any violation to the aforementioned, participants shall be disqualified from the Contest with immediate effect. By participating in the Contest, the Participants also represent and warrant that they shall solely be liable for any and all action (criminal/civil) arising therefrom and shall also be liable to indemnify the Organizer, for any loss, claim, dispute, disrepute, disruption caused to it.
- The Participants confirm that the Contest Answers shall not be obscene, vulgar, defaming, denigrating women, artist, celebrity or children, hurting religious sentiments, depicting violence or against the public policy of India or/and the internal policies of the Organizer.
- The Organizer reserves the right to disqualify the Participants immediately from the Contest if Participants have supplied untruthful, inaccurate, incorrect or misleading details and/or information, of any nature and/or have failed to abide by the Rules and/or are in breach of the terms hereof.
- The Organizer shall have the right to choose a maximum of 100 (one hundred only) contest winners, from the Participants who have provided the most innovative Contest Answers to the Contest Questions (“Winners”). The Winners shall be selected from amongst the correct Contest Answers received from the Participants during the Contest Period and in accordance with these Terms & Conditions. The Organizer shall send a communication to the participants through any of the details provided (used by the Participants to register for the Contest) of the Winners to notify them of their win after the end of the contest by 31st July 2019 or any other date as per Viacom18’s sole discretion from time to time.
- In case of Winner(s) who are below 18 (eighteen) years of age, parents/guardian of such Winner(s) shall be required to sign the release form in the format required by the Organizer, for and on behalf of the Winner(s). Further, such Winner(s) shall be required to submit to the Organizer, a document evidencing the fact that his/her participation in the Contest was approved by and was subject to the prior consent and knowledge of the Participant’s parents/guardian.
- Mere participation in the Contest and sending the Contest Answers does not entitle the Participants to win the Contest or the Prize. The selection process may vary and shall be as per the Organizer’s sole discretion at all times. The Participants or any third party shall have no right to question the process of selection. The Organizer may determine the quality and validity of the Contest Answers in their sole discretion.
- After the Winners are notified of their win, the Winners will be required to provide requisite details and documents as may be required by the Organizer. The Winners would also be required to sign a release letter in the format required by the Organizer. Any refusal to sign the release letter by a Winner would result in the disqualification of the Winner and such Winner shall not be entitled to the Prize. The Organizer may cancel the Prize or the Contest or announce other Winners in place of the originally announced Winners if any of the following occurs, and the Winners shall have no right or claim against the Organizer in this respect or for any other reason whatsoever: (i) The documents or details of the Winners are not correct in the opinion of the Organizer; or (ii) Documents so required are incomplete, misleading or untrue; or (iii) The Winners do not sign the release letter required, if any, by the Organizer; or(iv) if the Winners do not agree to abide by any of the Rules, terms and conditions as specified herein or at any time hereafter including at the time of availing the Prize.
- Each of the Winners shall be entitled to receive 1 (one) ‘Shark Fin’ sipper bottle/can (without any contents therein) or any other prize as per Viacom18’s sole discretion (“Prize”).
- The Organizer shall have the right, at its sole discretion, to decide, change/modify/replace or omit the Prize listed above and the Winners shall not have the right to claim any damages or monies from the Organizer. By participating in this Contest, the Winners waive their right to make any such or other claims against the Organizer.
- The Prizes shall, at the discretion of the Organizer, be distributed by the Organizer or may be collected by the Winners at such dates, times and locations as specified by the Organizer, which dates shall be a minimum of 4 (four ) weeks after the dates on which the Winners are notified/announced by the Organizer.
- All costs and expenses not specifically covered by the Organizer and not set out herein shall be solely borne by the Winners and no monies will be reimbursed by the Organizer.
- For the purpose of clarification and avoidance of doubt, the Prize does not include any personal expenses of the Winner and the Winner shall be responsible for any additional expenses/incidental expenses required to be incurred to avail the Prize and/or incurred otherwise.
- The Winners hereby represent and warrant that they will comply with all the Rules associated with the Contest including but not limited to the Terms & Conditions mentioned herein and associated with the Prize, and that the Winners shall personally be liable for any breach thereto.
- The Organizer shall not be responsible for any loss of entries for any reason, whatsoever including, due to any problems caused by telephone lines, service providers, network breakdowns, computer service delays, interruptions, network failures or overloads, or for lost, misdirected or misplaced entries, or for entries received after the Contest Period or for any reasons beyond the control of the Organizer.
- In the event of unforeseen circumstances beyond the control of the Organizer, and the Prize not being made available to the Winners, or the said Contest/ Prize being cancelled, the Winners shall not have the right to claim any damages or monies from the Organizer and by participating in this Contest, the Winners waive their right to make any such claims against the Organizer.
- Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time-to-time, arising out of the Prizes, shall be borne and paid by the Winners. In case the Winners fail to comply with the applicable laws or pay the requisite taxes, duties or levies, if any, the Winners shall indemnify the Organizer of any losses, claims, expenses, costs and actions for the same.
- The Participants acknowledge that they do not have any medical, physical and/or emotional condition which can jeopardize their eligibility for participation in the Contest.
- The Winners acknowledge that the Organizer shall not be liable for any mishap, injury, accident, untoward incident, physical harm of any nature, death, loss of life or limb, etc., caused to them, including, either before, during or after availing the Prize; or before, during or after the Contest; and no such accident (etc.) will be attributed to the Organizer and the Organizer shall not be held responsible for the same nor shall the Organizer be liable to indemnify or make good any claim being raised against it, for whatsoever nature.
- The Prize shall not be transferable, negotiable and/or redeemable for cash. No request shall be entertained by the Organizer in this behalf. Only the Winner and no other person can claim the Prize for or on behalf of the Winner.
- Employees (including their immediate family) of the Organizer, its affiliates and associates and sponsors, are not permitted to participate in the Contest.
- To enable registration of a Participant and/or to make the Prize available to the Winners, personally identifiable information which shall include without limitation name, complete address, date of birth, citizenship details, passport details, email id, twitter handle/ account name, etc. of the Participants/Winner (“Personal Information”) will be collected by the Organizer to enable the Organizer to administer and promote this Contest and the Winners. If Participants do not truthfully provide all requested Personal Information, the Organizer may determine that such Participants are not eligible to win the Prize in this Contest.
- The Personal Information of the Winners shall be provided by the Organizer to others assisting the Organizer in this regard, including its affiliates, associates, authorities, agents, sponsors, employees, prize suppliers, distributors, deliverers and service providers (as applicable).
- The Participants hereby agree and undertake that mere announcement/declaration of being announced as a Winner shall not entitle him/her to the Prize. Only upon fulfilling all Rules mentioned herein, to the satisfaction of the Organizer, including compliance with all precautionary measures and agreeing to the terms of the release letter, shall the winning be validated.
- The Participants hereby agree and undertake that they shall not accept or undertake to accept/give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate their winning the Contest. Any knowledge of such an act shall lead to immediate disqualification of such Participants and the Organizer shall be entitled to take any/all actions against such Participants, as deemed fit by it.
- The Organizer shall not be responsible for the quality or deficiency of the Prize and no claim or request, whatsoever, in this respect shall be entertained by the Organizer.
- The Organizer shall not entertain any questions, correspondence, enquiries on the manner of conduct of the Contest and grant of the Prize from any party whatsoever.
- It is clarified that the Winners shall, in no circumstance, have any rights or claims against the Organizer.
- The Organizer is not responsible for any errors or omissions in the Terms & Conditions contained herein. All information provided in the Contest is provided “as is” without warranty of any kind. The Organizer makes no representations and disclaims all express, implied and statutory warranties of any kind to the Participants and/or the Winner and/or any third party including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
- Under no circumstance, shall the Organizer and/or its parent, subsidiaries, associates, affiliates and group entities, and their respective directors, employees, officers, agents or representatives be liable to the Participants and/or the Winners and/or any third party for any lost profits or lost opportunities, indirect, special, consequential, incidental, or punitive damages whatsoever, even if the Organizer has been advised of the possibility of such damages. The Participants and the Winner specifically agree not to file in person/through any family member and/or any third party, any applications, criminal and/or civil proceedings in any courts or forum in India against the Organizer, its parents, subsidiaries, associates, affiliates and group entities, and their respective directors, employees, officers, agents or representatives to claim any damages or relief in connection with the Contest.
- It is the Participants’ responsibility to ensure that their Personal Information is always updated and accurate in order to be able to receive the Prize/ notification in time.
- The Organizer may, at any time, at its discretion, cancel the Contest, change these Terms & Conditions, the Rules and/or the Prize mentioned herein, without prior notice, and the Participants acknowledge that such change shall be binding upon them.
- The Participants and the Winners acknowledge that they will not hold the Organizer and/or any of its affiliates or agencies engaged by it with regard to this Contest liable for any loss of opportunity and/or monetary loss due to their participation in the Contest.
- By participating in the Contest and accepting the Prize, the Winners waive all copyrights and any related rights and consents of the Organizer’s right to click photographs, take pictures, shoot audio-visuals, tape, record, exhibit or portray them as the Contest Winners and/or publish any content submitted by them, including the Contest Answers. The Winners further grant irrevocable consent in perpetuity to use, edit, exhibit, publish and/or exploit the same, in any and all applications including advertising, commercials, promotion, stories, text, illustrations, articles and commercial exploitation, throughout the world, in any and all media, mode or format whether now existing or hereinafter developed, including but not limited to radio, broadcast and television, newspapers, magazines, and electronic media, at any time without the Winners’ further knowledge or consent and without any compensation whatsoever.
- The Organizer reserves the right to terminate, modify or extend this Contest, and its Terms and Conditions, at any time at its absolute discretion, without assigning any reason whatsoever. In case of any dispute or difference in respect of this Contest, decisions of the Organizer shall be final, binding and irrevocable.
- The invalidity or unenforceability for any reason of any part of these Terms & Conditions shall not prejudice or affect the validity or enforceability of the remaining parts and each part of these Terms & Conditions is distinct and at all times severable from the rest of the Terms & Conditions.
- No waiver of any rights by the Organizer will be taken as a waiver of any other rights it may have. For instance, if the Organizer waives its right to object to a particular breach of these terms and conditions by a Participant/Winner, it does not prevent the Organizer from objecting to any other breaches by that Participant/Winner or any other Participant/Winner.
- The Contest shall be subject to the exclusive jurisdiction of competent Courts at Mumbai and the law applicable shall be Indian Law.