Terms and Conditions | Gopal Bhar Contest

TERMS AND CONDITIONS

GOPAL BHAR QUIZ ACTIVITY

The following terms and conditions (“T&Cs”/ “ Terms and Conditions”) shall be applicable to Bangla Entertainment Private Limited (“BEPL”) owned television channel ‘Sony Aath’ (“Channel”) activity conducted by BEPL on its Channel (“Platform”) relating to the series ‘Gopal Bhar’ being telecast on the Channel which shall function in a manner as specified in the Specific T&C’s (“Activity”).

The T&Cs shall be in two parts, i.e., Specific Terms & Conditions and General Terms & Conditions.

General Terms & Conditions

 

Following are the terms that shall be applicable to the Activity:

1. The Activity is open only to Indian citizens, residing in India. Citizens and/or residents of countries other than India are not eligible to participate.

2. The Participants for the Activity may be any person above the age of 6 (six) years as on the date of the Activity. In case of Participants who are not adults having attained the age of 18 (eighteen) years as on the date of the Activity, BEPL will contact the parents/guardians of the Participants in relation to the Activity. (All persons fulfilling conditions mentioned in section 1 & 2 shall be hereinafter referred to as “ Participants”)

3. Activity shall be open for participation as per the timelines specified in the Specific T&Cs for Activity.

4. Employees, agents and promoters (including their immediate family members) of BEPL and any of their divisions, affiliates and subsidiaries, and others associated with the Activity in any manner, are not eligible to participate in the Activity.

5. The Activity terms and conditions shall be mentioned on the www.aath.in (“Website”). The Participants agree that by participating in the Activity, the Participants shall be bound by the terms and conditions provided at the Website. In case of minor Participants, the parents/guardians of the Participants agree that by participating in the Activity, the Participants shall be bound by the Terms and Conditions.

6. The Participants (in case of minor Participants, the parents/guardians of the Participants) shall be required to provide basic personal information about them including but not limited to Participant’s name or any other details as may be required by BEPL for the purpose of the Activity, in order to participate in the Activity. The personal information provided by the Participants (or parents/guardians of the Participants as the case may be) in the course of the Activity to BEPL will only be used for BEPL’s internal purposes and to send Participants (or parents/guardians of the Participants as the case may be) promotional information in the future pertaining to BEPL, their channels and platforms, or the Website. The Participant (in case of minor Participant, the parent/guardian of the Participant) hereby consents to receiving such promotional information in the future. In the event the Participant (or parent/guardian of the Participant as the case may be) wishes not to receive such future communications, the Participant (or parent/guardian of the Participant as the case may be) can opt-out of the same by writing to BEPL on the same email ID from which he/she receives such promotional information.

7. The specific requirements for the Activity shall be outlined in the Specific Terms & Conditions of the Activity.

8. For the Activity, each Participant (or parent/guardian of the Participant as the case may be) must submit their complete entry in order to qualify as an entrant in the Activity (“Entries”) through Specific Mode of Participation specified in Specific Terms & Conditions. Kindly refer to the Specific Terms & Conditions for the same.

9. The manner, day and the basis of choosing the Winner(s) (as per the Specific Terms & Conditions) shall be specified in the Specific Terms & Conditions of the Activity.

10. The announcement about the Winners and the Prize(s) (defined above) shall be as per the Specific Terms & Conditions of the Activity.

11. Method and time of prize distribution: BEPL shall inform the Winners via email or phone number provided by the Participants (or parents/guardians of the Participants as the case may be) at the time of entering the Activity. BEPL may require Winners to provide valid photo identity documents including but not limited to passport and ration card prior to handing over the Prize(s). BEPL may or may not announce the Winners via the Website.

12. The distribution time and mode of distribution of the Prize(s) shall be at the sole discretion of BEPL.

13. The Participant can win only once in this Activity. Any subsequent wins of the Participant (if declared) will be automatically void.

14. Participants (or parents/guardians of the Participants as the case may be) should ensure the accuracy of the information provided by them at the time of entering the Activity.

15. BEPL shall make a maximum of 2 (two) attempts each attempt being within 1 (one) hour of each other, to contact the Winners via the email id provided by the Participants (or parents/guardians of the Participants as the case may be). BEPL shall not be held liable despite BEPL’s best efforts, in the event the provided mobile numbers/email Id is unreachable/not replied due to the following reasons including but not limited to: 1) Email ID or phone number provided by the Participant (or parent/guardian of the Participant as the case may be) is incorrect. 2) Email ID belongs to a person other than the Participant (in case of minor Participant, the parent/guardian of the Participant) 3) Mobile number answered but individual answering refuses to acknowledge BEPL, the Activity and/or any relation thereto. 4) Any other reason the Email ID or any other contact details provided by which Participant (or parent/guardian of the Participant as the case may be) cannot be contacted.

16. The Prize(s), when the same are in form of some tangible goods or materials or vouchers, shall be sent by post and/or courier to the Winners as per the address specified by them at the time of registering for the Activity. BEPL shall not be responsible if any Prize(s) is damaged in the course of delivery through post and/or courier.

17. Please note, the participation in this Activity and participation in any other activity by virtue of victory in the Activity (if any) is free of cost. BEPL does not demand any participation fees or any monies from the participants or the winners. If someone pretends to be an officer from BEPL and demands monies or any other form of identification from you, please do not entertain such request. Such a person is defrauding you and you should report this to the local police immediately. There are also no lotteries, prize monies, cash prizes etc. distributed by BEPL or any other person in the context of this Activity. The only precondition of participation in the Activity is in the manner detailed hereunder and any person who claims to be from BEPL and offers any lotteries, prize monies, cash prizes etc. to anyone is defrauding the person and you should report this to the local police immediately.

18. Participants (or parents/guardians of the Participants as the case may be) shall not post any profanity or abusive comments on the respective Website’s Activity page/ BEPL channel’s website/or on any social media pages of BEPL in any other manner. In the event of any such profanity or abusive comments posted on foregoing pages, such Participants (or parents/guardians of the Participants as the case may be) shall be disqualified forthwith and BEPL reserves its rights, in addition to removing such post, to take a legal action against such Participant (or parent/guardian of the Participant as the case may be).

19. Participants (in case of minor Participants, the parents/guardians of the Participants) agree no clarifications on the questions and the answers used in the Activity shall be entertained by BEPL.

20. By entering into the Activity, the Winners/Participants (or parents/guardians of the Participants as the case may be) waive all copyrights including but not limited to Intellectual Property Rights (IPR) and moral rights, rights of publicity and any related rights and consents to BEPL’s right to use the Entries (in whichever form that they are submitted), to ask for picture or to tape or portray the Participants as a Winner(s), use the their profile pictures and social media handles, and to exhibit this material in any and all media now existing or hereinafter created, including without limitation television, film, radio and print media, without any compensation whatsoever for advertising and publicity purposes, except where prohibited by law. The Winners (in case of minor Winners, the parent/guardians of the Winners) also consent to BEPL’s right to use Winner’s name, voice or picture, or the content of Winner’s Entries (and the right to edit them as per BEPL’s creative discretion) (collectively, the “Publicity Rights”). BEPL can allow to its agencies to exercise/exploit the Publicity Rights in conjunction with BEPL. BEPL shall also be free to use any ideas, concepts, know-how or techniques contained in the Entries received for the Activity for any purpose.

21. Participants (in case of minor Participants, the parents/guardians of the Participants) hereby specifically consent to BEPL collecting and processing Participants’ Personal Data for the purposes of this Activity. The term “Personal Data” shall mean and include the name and contact information (home address, telephone and fax numbers and email address), valid identity proof such as passport number, driver’s license number, PAN, Aadhar, social security numbers or other details pertaining to the identity of the Participants and shall include sensitive personal information. The Personal Data collected from the Participants and/or parents/guardians of the Participants, shall be retained by BEPL till the end of the Activity and shall be deleted from BEPL’s servers post the completion of the Activity.

22. BEPL shall keep all the Personal Data collected from the Participant’s (and/or parent/guardian of the Participant as the case may be) confidential. BEPL shall ensure that the Participants (or parents/guardians of the Participants as the case may be) are contacted by BEPL directly, wherever feasible and BEPL shall not share the Personal Data so collected with any party, save and except for the purpose of the present Activity and as detailed hereunder. The Participants (or parents/guardians of the Participants as the case may be) hereby consent to the collection, storage, use, disclosure, transfer, of Personal Data which may be collected by BEPL for the purposes of this Activity. The Participants (or parents/guardians of the Participants as the case may be) hereby agree and acknowledge that the collection, storage, use, disclosure, transfer, of the Personal Data by BEPL is for a lawful purpose and is necessary for facilitating your participation in the Activity. The Participants, (in case of minor Participants, the parents/guardians of the Participants) by providing the aforesaid Personal Data, hereby agree that BEPL shall have the right to share the Personal Data so collected with such other third party and BEPL as required for the purpose of the Activity and hereby agreed that they shall not file any claim against BEPL for sharing for such Personal Data. Please refer to BEPL’s Privacy Policy that governs the use of your Personal Data. Participants entering into this Activity (in case of minor Participants, the parents/guardians of the Participants) agree and acknowledge the Terms and Conditions, Privacy Policy and Terms of Use as put up on the Website in addition to the conditions set out in this document which shall govern the Activity.

23. In exercise of the powers conferred by applicable laws, BEPL shall treat the Personal Data and/or documents as sensitive and confidential and such Personal Data and/or documents will be dealt with as per the provisions specified in the applicable laws. By choosing to participate in the Activity, Participants (in case of minor Participants, the parents/guardians of the Participants) hereby specifically agree to receiving updates with respect to the Activity, from BEPL, on the email ID & phone number as maybe shared with BEPL.

24. For the purposes of the Activity, BEPL may contract with the service providers to perform functions or services on its behalf. Such service provider may have limited access to the Participant(s) (and/or parents/guardians of the Participants) Personal Data needed to perform their functions but shall be restricted from using such Personal Data for purposes other than providing services to BEPL solely in connection with the Activity. BEPL shall ensure, on reasonable efforts basis, that its service providers that have limited access to Personal Data provided by the Participant(s) (and/or the parents/guardians of the Participants) to provide the services or perform their function for BEPL, are subject to the same level of privacy protection as is required by the applicable laws. The Participant(s) (in case of minor Participants, the parents/guardians of the Participants) hereby agreed that they shall not file any claim against BEPL for sharing for such Personal Data. Please refer to BEPL’s Privacy Policy that governs the use of your Personal Data.

25. BEPL shall deal with any Personal Data, if any, that it receives from the Participants (and/or the parents/guardians of the Participants) or otherwise collects, holds, uses and processes in the following manner: a) BEPL may also disclose Personal Data, if any, to governmental agencies and regulators (e.g., tax authorities), social organizations (e.g., the social security administration), human resources benefits providers (e.g., health insurers), external advisors (e.g., lawyers, accountants, and auditors), courts and other tribunals, and government authorities, to the extent required or permitted by applicable legal obligations upon prior written approval from BEPL. b) The level of data protection using technical, managerial, operational and physical security control measures by BEPL shall be such as to be in compliance with all applicable laws.

26. In addition to these Terms and Conditions, in the event the Activity involves any social media websites or platforms, the Participants (and/or the parents/guardians of the Participants), at all times, shall be subject to the terms and conditions of such social media platforms and third party websites (including Facebook, Instagram, Twitter and YouTube as applicable). BEPL shall not, in any manner, be responsible to any action taken by any social media website or third party platform with respect to post, comments, content uploaded or made by the Participant (and/or the parents/guardians of the Participants), whether pursuant to this Activity or otherwise and the Participant (in case of minor Participant, the parent/guardian of the Participant) hereby agrees to not make any claims against BEPL with respect to the same. The Participants (and/or parents/guardians of the Participants) are required to read and understand the terms of such social media platforms prior to uploading any content or posting any comments. Any technical or other issues with respect to the Participant’s (and/or parent/guardian of the Participant) social media account, page and/or operation or functioning of the same shall be taken up by the Participant (or parent/guardian of the Participant as the case may be) directly with such social media platform, without involving BEPL in any manner.

27. If as a condition of participation, the Participant (in case of minor Participant, the parent/guardian of the Participant) is required to submit any videos which involve any music (i.e. any videos of the Participants singing or dancing with music or songs playing in the background), the Participant (or parent/guardian of the Participant as the case may be) shall be solely responsible for ensuring that they have the appropriate clearances for the using and uploading such music as a part of their entry. BEPL shall not be responsible, in any manner, for any strikes issued by any music labels, copyright owners, any third parties or the social media platform themselves, against the Participant’s (and/or parent/guardian of the Participant) social media account or profile.

28. Participants (in case of minor Participant, the parents/guardians of the Participants) confirm that the Entries uploaded or posted or submitted by them (or any part thereof) are as per the applicable laws and do not infringe upon the statutory rights, common law rights, intellectual property rights including copyrights in literary, dramatic, musical or motion picture rights, patent rights or the trademark or trade names of any person, firm, corporation, association or entity whatsoever. Neither the Entries nor any part thereof violate the statutory rights of, or the right of privacy, or constitute a libel or slander against any person, firm, corporation, association or entity whatsoever, or violate any other rights not herein specifically enumerated. No Entries or any part thereof shall be defamatory or contribute contempt of court or breach of contract, or breach of any provision of statute, nor hurt the sentiments of religious groups. In the event of any infringement and/or any unlawful usage of any information including pictures provided by the Participants (and/or parents/guardians of the Participants), BEPL shall not be held liable on any account whatsoever.

29. BEPL including its divisions, affiliates and subsidiaries, and their respective agents and representatives, employees shall not be responsible for any loss of Entries for any reason whatsoever including, due to any technical problems for Entries received after the deadline as a consequence of computer service delays, interruptions, electronic failures or overloads, or for lost, misdirected or misplaced Entries or any lost, late or misdirected computer transmission or network, electronic failures of any kind or any failure to receive Entries owing to transmission failures or due to any technical reasons. The Entries are void if unreadable, inaccurate, incomplete, damaged, tampered with, falsified, mechanically reproduced, not in prescribed format, irregular in any way or otherwise not in compliance with these Terms and Conditions.

30. BEPL reserves its right to select and declare or not to declare the Winners. Decision of BEPL in this regard is final and no correspondence in this regard will be entertained.

31. While accepting the Prize(s), the Winners (in case of minor Winners, the parents/guardians of the Winners) may be required to sign an “indemnity and release of claims” form provided by BEPL, as the case may be, which shall release BEPL of all liability. Failure to complete and sign any documents requested by BEPL may result in disqualification and selection of an alternate Winner. All decisions of BEPL are final in this regard.

32. Mere participation/submitting Entries in the Activity do not entitle the Participants to win the Prize(s)/ win the Activity.

33. The Prize(s) will be awarded to the Winners pursuant to verification and in accordance with these Terms and Conditions.

34. BEPL may refuse to give the Prize(s) to Participant(s) in the event of his/her fraud, dishonesty or non-entitlement to participate in the Activity under these Terms and Conditions.

35. The Prize(s) shall be delivered to the Winners subject to submission of all relevant documents, if required in accordance with these Terms and Conditions of the Activity.

36. The Prize(s) are not transferable, assignable or exchangeable for cash equivalent. Only the prize Winners and no other person or agent, may claim the Prize(s).

37. In case the Winners is / are found to be in violation of any and all rules of the Activity, BEPL reserves the right to initiate legal proceedings against such person(s) including but not limited to having the concerned Winners to refund the Prize(s) won.

38. BEPL has the right to substitute the Prize(s) with other prizes of equal value, as determined by BEPL in its sole discretion.

39. BEPL has the right to amend (add, delete or modify) the Terms and Condition governing the Activity, prospectively or retrospectively, at its discretion and without prior notice.

40. BEPL reserves the right to disqualify any Participant if it has reasonable grounds to believe that the Participant has breached any of these Terms and Conditions. BEPL may also disqualify any participant at its own discretion.

41. BEPL is not responsible for any errors or omissions in the terms and conditions contained herein. All information provided in the Activity is provided "As is" without warranty of any kind. BEPL 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.

42. The Participant(s) and/or the Winner (and/or the parent/guardian of the Participant/Winner as the case may be) shall fully indemnify, defend and hold harmless, BEPL its 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 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 during the Activity and/or enjoyment of the Prize(if any).

43. Under no circumstance, unless due to wilful misconduct or gross negligence, shall BEPL and/or their directors, employees, officers, affiliates or subsidiaries, 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 (or in case of a minor Participant, the parent/guardian of the Participant) specifically agrees 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 BEPL their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Activity.

44. BEPL does not make any commitment, express or implied, to respond to any feedback, suggestion and/or queries of the Participants or furnish any reason or explanation for inclusion and, or, exclusion of any particular submission of the Entry of a Participant at any stage of the Activity.

45. Under no circumstance shall BEPL including the Channel and/or their directors, employees, officers, affiliates or subsidiaries, 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, even if BEPL has been advised of the possibility of such damages.

46. Non-conformance by any Participant and /or Winners of the Activity will result in immediate disqualification of the Participant from participation or winning the Prize(s) as the case maybe.

47. BEPL reserves the right to withdraw or discontinue and/or terminate the Activity at any stage without prior notice and without any liability whatsoever to the Participants.

48. The decisions of BEPL and its representatives shall be final and binding on all aspects of the Activity.

49. Your participation in the Activity by posting the Entries will be deemed as an acceptance of the above stated Terms and Conditions.

50. All taxes, levies and duties due and owing under applicable and statutory laws in connection with all Prize(s) if any, and all other costs, including insurance, incidental costs, gifts, gratuities and taxes, are the sole responsibility of the Prize(s) Winners.

51. The Activity is void where prohibited by law. All relevant national and local laws apply.

52. The Activity shall be governed by and construed in accordance with the applicable laws in India. All matters with respect to the Activity are subject to the jurisdiction of the Courts at Mumbai only.


 

Specific Terms & Conditions

 

Dates of the Activity

(“Activity Period”)

July 2022 – September 202 2

[HS1]

Start and End Date and Timing of the Activity

Start date and time: 30th July 2022 – 12:00 AM
End date and time: 30th Sep 2022 – 11:59 PM

Questions Time Slot: 10 AM – 12 PM | Monday to Friday

Winner announcement Time Slot: 10 AM – 12 PM | Sunday

Platform(s) on which Activity shall be available

On-Air only on Sony AATH

Territory

India only.

Specific Mode of Participation / Process of Participation

1) During the Activity Period, BEPL will run a question-and-answer activity on channel “Sony AATH”.

2) The Activity will have two options for the Participants to choose from.

3) The Participants will have to give a missed call on the below numbers corresponding to the option they feel is the correct answer:

<8655024090> for Option A

<8655024092> for Option B [HS2] [TR3]

4) Participants giving the missed call may be charged as per the rates determined by the operator.

5) In case a Participant gives multiple answers, only the first response will be considered.

6) Participant sending SMS with their details for claiming the gratification may be charged as per their operator policy.

Specific Process for selection of the Winners

1) The Participant has to give a missed call to choose the correct answer as “Option A” or “Option B”. There is no other way of participation apart from giving the missed call on designated numbers.

2) On submitting the answer, the Participant shall get an automated generated message by appreciating their participation; and within a period of 1-2 days, they shall get an SMS if they are the lucky Winner.

3) All lucky Winners shall get a gift hamper from BEPL. Any SMS shared by Participant after 20 days of participation shall not be entitled to claim the Prize.

4) BEPL at its sole discretion shall select the ‘’Winners” who as per BEPL and/or its representatives have sent correct answers. In case of any conflict, BEPL shall select the Winners from the Entries submitted by the Participants, basis on a random selection process by BEPL and/or its representatives.

5) Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winner in relation to the Prize.

6) The decision of BEPL in choosing the Winners by randomizer method and/or any such other method shall be final and binding on the Participants and the Participants while participating into this Activity agrees to accept BEPL’s decision as final without any further claim in this regard.

7) The Participants can send as many Entries as he/she wants on the Activity; however, the same shall not increase such Participants chances of winning the Activity over the other Participants who have sent only one Entry during the Activity Period.

8) BEPL shall not entertain any mail or query questioning or otherwise asking for the definitive process for choosing the Winners and the Participants by participating in the Activity shall be bound by these T&Cs and General T&Cs.

9) BEPL reserves the right to withdraw or discontinue and/or terminate the Activity at any stage without prior notice and without any liability whatsoever to the Participants.

10) BEPL reserves the right to disqualify any Participants from participating in the Activity without assigning any reason. The decision of BEPL in this regard shall be final and binding upon the Participants.

11) BEPL shall not be responsible for any technical disruption and/or failure/ server problems and/ or any other difficulties of such nature, due to which the Participant is unable to submit the answer and/or participate in the Activity.

12) Incomplete answers shall not be considered and shall be null and void.

13) In the event of any discrepancy as to the date and/or the time of receipt of Entries, BEPL shall have the final decision in resolving such discrepancy.

14) BEPL assumes no responsibility for errors, timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

15) BEPL reserves its right to select and declare or not to declare the Winners if no Participant has submitted Entries up to the satisfaction of BEPL. Decision of BEPL in this regard is final and no correspondence in this regard will be entertained.

16) While participating in the Contest, Participants shall ensure that the answers/entries -

· shall not violate the rights of any third party, including, but not limited to, privacy rights, copyrights, trademark rights and/or any other intellectual property rights;

· is not abusive, harmful, harassing, blasphemous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

· does not harm minors in any way;

· does not violate any law for the time being in force;

· does not deceive or mislead about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

· does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

· shall not create any liability for BEPL or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders;

Announcement of, and contacting Winners

1) The Winners will be contacted through SMS within a period of 1-2 days of the activity question, they shall get an SMS if they are the lucky Winner. Winners will then be expected to share their email address and/or mobile number for the purpose of distributing the Prize.

2) The decision of BEPL in the selection of the Winners shall be final.

3) The Winners should share their details within 20 days of them receiving the winning SMS. Any responses received after this deadline shall be considered void / Winner shall stand disqualified and BEPL shall not be liable in any manner way or form.

4) In event the Participant is not able to utilize the Prize or is unable / refuses to accept the same, the Prize will be revoked by BEPL.

Prize

The Winners will stand a chance to win a gift / merchandise from AATH.

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