TERMS AND CONDITIONS
The following are the terms and conditions governing the “ Colors Kannada Habbada Sambhrama ” hosted by Viacom18 Media Private Limited (“Viacom18”) held from 23rd October, 2023 for 8 weeks. Contest is conducted as part of promotional activity undertaken by Viacom18 for the fiction programs aired on the channel Colors Kannada”between 6:00 PM to 11 PM on weekdays during the Contest Period.
The contest invites interested persons to participate in the Contest by answering the questions being displayed on the Channel during the telecast of the Program during the Contest Period from 6:00 PM to 9:30 PM IST by 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.
Principle Rules
1. To participate in the Contest the Participant(s) shall follow the procedure as detailed below:
a) Participant(s) must be citizens of India and of eighteen (18) years of age 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.
b) 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.
c) One question shall be displayed at the end of each program that are telecast on the Channel between 6:00 PM to 9:30 PM during the Period. Each question shall have 2 options out of which one of the options would be the right answer to that question. All the questions shall be displayed only on the Channel and no questions shall be displayed on any other mediums.
d) To participate in the Contest, the Participants must watch the programs telecast on the Channel between 6:00 PM to 9:30 PM during the Contest Period and answer the question pertaining to the program displayed on the Channel during the telecast of the Program. The Participant shall select one amongst the two options by giving a miss call on the number displayed against the respective option.
e) Participant can answer questions displayed on that specific day from 6:00 PM IST to 11 PM IST the same day. (“Contest Window”) Any answer that sent outside of the Contest Window shall not be considered and shall be deemed null and void.
The viewers interested in the Contest can participate may do so by giving a missed call to the phone numbers displayed during the telecast of the Program during the Contest Period. Viewers shall select one amongst the two options by giving a miss call on the phone number displayed against the respective option.
(i) If the answer is “OPTION A” then give a missed call to 9513439211 ;
(ii) If the answer is “OPTION B” then give a missed call to 9513439188_;
f) A Participant who intends to participate in the contest shall comply with the following conditions:
I) the viewer needs to use a valid phone number, registered either with the network operators viz. Aircel, Airtel, Reliance Jio, Tata, VI;
II) Each call 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 call (due to law or network operators policy) shall be checked by the viewer at his/her sole responsibility.
g) A Participant shall be required to give the correct answer to maximum number of questions in the manner prescribed herein within the Contest Window. Out of all the eligible Entries received within the Contest Window of that particular week during the Contest Period the Channel shall select a maximum of 1 participant who has provided maximum correct answer as “Shortlisted Participant(s)”. In case of tie between 2 or more Participant selection of Winner shall be through random selection method.
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.
h) 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 referred to as “Winners” and shall be entitled to win the Prize (as defined below).
i) Failure to comply with the all of the above shall render the Participant(s) Entry invalid.
2. 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/SMS etc. 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.
3. Upon receipt of the Contact Details, Viacom18 shall contact the Shortlisted Participant(s) via email or SMS 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 Viacom 18 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). Viacom18 shall use reasonable security and technical measures to prevent unauthorized access to user data and/or for any compromise on private/confidential user related, or any other data, including but not limiting to user IDs, email address, names, contact numbers and/ or any other user-related details.
4. 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.
5. 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.
6. Announcement of Winners shall be done on every Saturday. In case the winner announcement is postponed for whatsoever reasons, Viacom18 will not be held responsible.
7. Winners of the Contest shall stand a chance to win one electric bike (“Prize”).
8. 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.
General Rules:
1. 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.colorskannada.com
2. 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.
3. Entries sent after the Period will not be considered for the Contest and shall be deemed null and void.
4. Participant(s) shall at all times ensure that the Entry adheres to the applicable laws in force in the territory of India.
5. 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, Viacom18 reserves the right to disqualify such Participant(s) from the Contest.
6. Each Entry shall be checked by Viacom18 inter alia, if the answer given is correct, and follows the afore mentioned 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.
7. 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.
8. 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.
9. 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).
10. Viacom18 reserve 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 Viacom18in 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.
11. The Winner(s) agrees and confirms that the Prize so awarded by Viacom18shall 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.
12. The Winner(s) agrees and acknowledges the following terms and conditions relating to the Prize:
i) The color, model and make of the electric bike shall be the absolute decision of Viacom18 and shall not raise any dispute regarding the same;
ii) Any applicable tax/duties/levies including but not limited to Road Tax, Octroi, insurance associated with the electric bike shall be completely borne by the Winner and Viacom18 shall not be required to pay/reimburse the same in any manner whatsoever;
iii) Winner shall be solely responsible for obtaining and complying all the necessary statutory
approval including but not limited to ‘Fitness Certificate for the electric bike.
iv) Winner shall be solely responsible for complying with all the formalities relating to registration of the electric bike before the concerned authorities.
v) Viacom18 shall not be liable for any aspects relating to warranty of the electric bike and its after sale services.
vi) Any cost/expense arising out of enjoying, receiving the Prize (including but not limited to travel cost incurred to collect the Prize) shall be borne by the Winner;
vii) Sign all such documents including but not limited any declaration letter/undertaking, to avail the Prize, as required by Viacom18, failing which the Prize shall stand forfeited;
viii) Agree to fully defend and indemnify Viacom18/ its group / holding/ affiliates companies and their respective directors, officers, employees, representatives and assignees against any losses, damage, liability and/or legal proceedings of any nature arising out of my actions or default, of whatsoever nature
13. 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.
14. 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.
15. 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.
16. Neither Viacom18nor 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.
17. The Winner agrees that if due to any reason, whatsoever, beyond the control of Viacom18the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Viacom18cannot be held responsible and/or liable for the same.
18. 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.
19. Viacom18is 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.
20. Viacom18reserves 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 Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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 Bengaluru, India.
