‘ZEE CINE AWARDS 2018’
RULES AND REGULATIONS FOR THE VOTING PROCESS FOR THE ZEE CINE AWARDS 2018
|“Awards”||Zee Cine Awards (ZCA)|
|“Awards Management”||Zee Entertainment Enterprises Limited (ZEEL)|
|“Terms and conditions”||These Terms and Conditions governing the Awards, stated herein in entirety, as may be amended from time to time.|
|“Voting period”||Voting Period is valid from 7 December 2017 09:00|
|“Nominee(s)”||Any person/ movie/ song that is shortlisted for voting across any defined category, via any medium advertised by the Awards Management from time to time|
|“Winner(s)”||Nominee(s) determined as winner in a particular category on the basis of the public votes received during the voting timelines after applying the capping rules as defined by the Awards’ Management|
|“Voter”||Any person who participates in the voting process for the popular choice categories of the Awards. A Voter must be a person.|
|Voting Platforms||The means to participate in the voting for public choice categories of ZCA as defined in these T&Cs viz, IVR (Interactive Voice Response including the WAP enabled portal for mobiles and the Web-site(www.zeecineawards.com)|
|Popular Award Categories||
2. Voter Disclaimer
The user of the Voting Platforms (Online and IVR + WAP enabled portal platforms taken together) for the Zee Cine Awards agrees to the T&Cs detailed below and disclaims as under:
I agree that use of the Zee Cine Awards’ Voting Platforms shall be at my entire sole risk.
To the fullest extent permitted by law, ZEEL, its officers, directors, employees, contractors and agents disclaim all warranties, express or implied, in connection with the Voting Platforms and my use thereof. ZEEL makes no warranties or representations about the accuracy or completeness of the contents of the Voting Platforms or the content of any sites / offers / contests linked to the Voting Platforms.
In no event shall ZEEL, its officers, directors, employees, or agents, contractors, be liable to me for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
- errors, mistakes, or inaccuracies of content, or any communication in relation to participation
- personal injury or property damage, of any nature whatsoever, resulting from my access to and use of the Voting Platforms
- any unauthorized access to or use of your secure servers and/or any and all personal information and/or financial information stored therein
- any interruption or cessation of transmission to or from the Voting Platforms,
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Voting Platforms by any third party, and/or
- any errors or omissions in any content, or for any loss or damage of any kind, incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Voting Platforms, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
ZEEL does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Voting Platforms or any hyperlinked website or any product or service featured in any banner or other advertising, and ZEEL will not be a party to or in any way be responsible for monitoring any transaction between me and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, I should use my best judgment and exercise caution where appropriate. Inclusion of any linked website on the Zee Cine Awards website does not imply approval or endorsement of the linked website by ZEEL. When I access these third-party sites, I do so at my own risk and ZEEL takes no responsibility for third party advertisements which are posted on the Zee Cine Awards website or through the services, nor do I take any responsibility for the goods or services provided by its advertisers.
ZEEL is not responsible for the conduct, whether online or offline, of any user of the Voting Platforms.
ZEEL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication.
ZEEL shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet / telephone lines or on any Voting Platforms of the Zee Cine Awards, its services or combination thereof, including any injury or damage to users or to any person’s computer or phone or other device related to or resulting from participation in connection with the Zee Cine Awards. Under no circumstances shall ZEEL be responsible for any loss or damage, including personal injury or death, resulting from use of the services and Voting Platforms, attendance at an event of Zee Cine Awards, from any content posted on or through the Voting Platforms, or from the conduct of any users of the Voting Platforms, whether online or offline. The services of Voting Platforms are provided “as-is” and as available and ZEEL expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the services of the Voting Platforms in whatsoever manner.
LIMITATION OF LIABILITY: I specifically acknowledge that ZEEL shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with me.
- AVAILABILITY OF VOTING PLATFORMS: The Voting Platforms are controlled and offered by ZEEL from its facilities in India. ZEEL makes no representations that the Voting Platforms are appropriate or available for use in other locations. Those who access or use the Voting Platforms from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.
INDEMNITY: I agree to defend, indemnify and hold harmless ZEEL, its parent corporation, officers, directors, employees, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) my use of and access to the Voting Platforms; (ii) my violation of any term of these T&Cs; (iii) my violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of my votes or other submissions caused damage to a third party. This defense and indemnification obligation will survive these T&Cs and my use of the Voting Platforms.
ASSIGNMENT: These T&Cs, and any rights and licenses granted hereunder, may not be transferred or assigned by me, but may be assigned by ZEEL without restriction.
GENERAL: I agree that: (i) the Voting Platforms shall be managed based in India; (ii) the section titles in this Agreement are for convenience only and have no legal or contractual effect; (iii) nothing in these T&Cs shall be deemed to constitute a partnership or a joint venture between me and ZEEL. Nothing contained in these T&Cs shall constitute me as the agent of ZEEL and/or of Zee Cine Awards or otherwise entitle me to have authority to bind us for any purpose and (iv) any claim or dispute between me and ZEEL that arises in whole or in part from the use of Voting Platforms shall be decided exclusively by a court of competent jurisdiction located in Mumbai, India. I and ZEEL shall be bound to submit all disputes howsoever arising out of or in connection with the use of the Voting Platforms to arbitration to one (1) arbitrator nominated and appointed by ZEEL. The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Mumbai, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings will be final and binding on both me and ZEEL to the extent permissible in law.
If any provision(s) of these T&Cs are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these T&Cs, which shall remain in full force and effect. No waiver of any of these T&Cs shall be deemed a further or continuing waiver of such term or any other term, and ZEEL’s failure to assert any right or provision under these T&Cs shall not constitute a waiver of such right or provision.
ZEEL reserves the right to amend these T&Cs at any time and without notice, proactively or retrospectively, and it is my responsibility to review these T&Cs for any changes. My use of the Voting Platforms following any amendment of these T&Cs will signify my assent to and acceptance of its revised terms. I and ZEEL agree that any cause of action arising out of or related to the Voting Platforms must commence within one (1) month after the close of voting period. Otherwise, such cause of action is permanently barred.
3. About the Awards
Zee Cine Awards are awarding nominees across various categories through the popular choice awards for which winners are determined based on the selection process of voting done by Voters.
4. Voting process
- a. Eligibility:
Voter(s) from across India (& abroad in case of online voting) are eligible for the purpose of voting for the Zee Cine Awards
- b. Voting mediums:
Voting for the Zee Cine Awards 2018 will be on three platforms i.e. through website (www.zeecineawards.com), voting using Interactive Voice Response (IVR) and or WAP enabled portal for mobiles.
A. Voting on Website
i). To vote using the online platform, voter should access the voting page: www.zeecineawards.com and choose the category they would like to vote for.
ii). There will be a cap of 3 votes per Email ID per category. All votes above this cap from a unique Email ID will not be considered at the time of tabulation. For purposes of tabulation, the last vote received from an email ID for each category will be considered and earlier votes will be ignored.
iii). The Voter understands that Awards Management shall not be responsible for any loss of this information at any point in time. The Awards Management reserves the right to change this cap at its discretion and need not provide any specific intimation to any Voter for the same. The Awards Management has the right to change the caps (including retrospectively) at its discretion to enhance fairness of the results.
iv). The Voter will also have to fill in the details form and input a valid Captcha code as displayed on the voting screen, failing which, the vote will not be accepted as a valid vote. The Voter must press the submit button for the vote to be captured.
v). All charges incurred by the Voter for purposes of voting through website (e.g. bandwidth charges, etc.) will be borne by the Voter and not be reimbursed by Awards Management
B. IVR & WAP Enabled Portal Voting
Voter should give a missed call on the number 1800-123-6565, which is a toll-free number. The voter will then receive a URL through SMS for online voting on WAP enabled portal. If the voter does not submit his/her vote online within 10 minutes of receiving the link, the voter will get an IVR call to vote. The voter can make maximum of 3 attempts to submit their votes through the combined platforms of IVR and the WAP enabled portal.
Only voters calling from valid mobile numbers registered in India would get a return SMS while voters calling from landline numbers will directly get the IVR call back to vote. The IVR call back will go only to local Indian numbers and not to international numbers
The primary language for communication on the IVR will be Hindi only.
The IVR system shall attempt to call back the Voter on the number from which it had received the call. Voter is requested to use a number which will enable the call-back to reach it directly, without going through a switchboard or operator.
In the case of call drop or non-receipt of call back, please dial the toll-free number again, or use other modes of voting as defined in these T&Cs. In case the toll-free number is busy or not available due to any reason, kindly try after some time or use other modes of voting as defined in these T&Cs.
Once the Voter has answered the call-back, the IVR shall request the Voter to select the award category that Voter wishes to cast a vote for, as detailed in the following section. All votes are subject to the voting conditions set forth in these T&Cs
On choosing the award category, the IVR shall play out the nominations for the requested award category. The Voter shall input his choice and the call shall proceed for balance categories on the awards. If at any stage the voter is not interested in voting for the balance categories, he/she may willfully disconnect the call. Otherwise, the call shall proceed till all the category nominations are played basis choices made during the call by the voter.
The voter shall have up to around 6 seconds to select his choice at all points during the call. In case the voter provides no input, the voter will hear a message prompting to key in the correct option. In case of invalid input, the voter will hear the message asking to choose a valid option and the voter will have to provide the correct input.
Whenever the IVR seeks input from the voter, he will get only 3 attempts to key in a valid input. If the voter makes any more attempts then he will hear the message telling he has exceeded the maximum available voting attempts and that they should try again later and the call will get disconnected.
ZEEL shall attempt to make the first attempt to call the Voter as soon as possible from the time it received the call from the Voter.
The Voter gets maximum three attempts to give a missed-call on the toll-free number. In case the Voter does not cast a vote through WAP portal or IVR for any of these three instances and makes a fourth attempt on the toll-free number through the same mobile number as per the previous three attempts, then the Voter would not get the IVR call back
Awards Management are not responsible if the call-back is not successful due to including but not limited to the following reasons:
B. Congestion on the network
C. No answer received
D. Poor call conditions / unclear reception
E. Number engaged / busy
F. Call drop
G. Person not available / busy
H. Different person picking up the call from the person who made the call to register for voting
I. Person answering the call is unable to understand Hindi/English
J. Other reasons that could render a call unsuccessful or terminate it.
In case of an unsuccessful call-out (no answer / number busy / network congestion / number engaged, etc. as mentioned above) The Company shall try to make up to 3 more attempts to reach out to the customer, subject to availability of time and closure of the voting period i.e., for registration calls made towards the end of the voting period, it may not be possible to call back all registered callers.
In case the call has been answered by the Voter and the Voter cannot complete the Voting process for any reason like call drop, line clarity, congestion, etc., there will not be any other call-back made to that number. The Voter will need to call the specified number to register again to vote.
Awards Management shall not be liable in the event the Voter is not able to vote due to any delay or non – receipt of such call back. In such an event, the Voter is requested to either call back on the specified number to register again to vote, or use an alternate voting mechanism as defined in these rules.
For the purposes of Zee Cine Awards, the personnel who calls and who answers the call shall be construed as the Voter for the Awards. The Awards Management shall not be responsible to identify / distinguish between the Voter who had called the advertised number and the Voter who answers the call from the Awards Management
The number provided by the Awards Management is a toll-free number, however, please get in touch with your respective network service providers to know in case of any charges that the call shall incur. In case the Voter is on roaming, charges can be incurred and shall be borne solely by the Voter. Awards Management shall not be responsible for any remuneration or pay-out to the Voter for any kind, whether costs and charges have been incurred or not, by the Voter across any Voting Platform, in relation to the Awards
The Awards shall be open to calls received from any circle and network operator in India
Awards Management is not responsible for down-time of any services provided by any Operator or in any circle.
In case the telephone number from which the call is received on the advertised number is registered with National Do Not Call (‘NDNC’) directory, the Voter shall give up that right and receive a call from the Awards Management to receive his Vote. The Awards Management is not responsible and the Voter shall not hold the Awards Management responsible to identify numbers registered on the NDNC directory. By calling on the advertised number, the Voter shall give the Awards Management the right to call him / her back to receive his vote and for purposes of the Awards.
There will be a cap of 3 votes per telephone number. All votes above this cap from a telephone number will not be considered at the time of tabulation. ZEEL has the right to change the caps (including retrospectively) at its discretion to enhance fairness of the results. For purposes of tabulation, the last votes received from each telephone number for an award category will be accepted for purposes of tabulation. Hence, in the event of any change in preference, please call the specified number and vote again.
5. Voting Categories, Nominees and timelines
Below are the start and end date and timelines for each of the voting categories:
|Category||Nominee||Voting Start Date||Voting Start Time(Hours IST)||Voting End Date||Voting End Date (Hours IST)|
|Best Actor Male||
||December 7, 2017||0900, (IST)||December 13, 2017||1800 (IST)|
|Best Actor Female||
|Song of the year||
Nominees for each of the Viewer’s choice Award Category have been shortlisted by ZEEL based on reliable industry sources as understood in general industrial practice and secondary research done by ZEEL management and are final and binding on all Voters
While all efforts will be made to follow the above timelines, however, in the event of circumstances beyond the control of the Awards Management or for any other reason, these timelines may be altered at the sole discretion of the Awards Management
Voters are required to be cautious about the valid timelines for the purpose of voting and the eligible Nominees for which he or she intends to vote. The vote(s) received before or after the defined timelines (given above) will not be counted and shall be considered as invalid. Server time of the Awards Management will be taken as reference for start and close of voting.
6. Determination of winners
a. After the completion of Voting Period, votes received will be independently tabulated by the ‘Official Tabulators’ for the Awards
b. Winners for Viewer’s Choice Awards categories will be decided based on the website, IVR and WAP enabled portal votes or any other platforms as may be indicated by the Awards Management from time to time during the Voting Period after considering the capping rules.
7. General terms and conditions
a. Efforts will be made to follow the above timelines defined. However, in the event of circumstances beyond the control of Awards Management, these timelines may be altered.
b. Total score of the Nominees shall be based on a simple addition of the capped votes received via various voting mediums and platforms listed herein or determined from time to time by the Awards Management during the Voting Period.
c. The Voter may choose to vote for any / all categories up for voting on the voting platforms of the Zee Cine Awards.
d. All charges incurred by the Voter for purposes of using the voting medium (eg, bandwidth charges, etc.) will be borne by the Voter and not be reimbursed by Awards Management and no claims to such effect shall be entertained by the Awards Management.
e. The Awards Management and its sub-contractors or any related entities to Zee Cine Awards cannot and shall not be held accountable/liable for any disruptions/stoppages/interruptions or cancellation of the voting process on account of any factors beyond its control.
f. The Awards Management and its affiliates and subsidiaries reserve the right to cancel/ postpone/stop/terminate/modify voting, categories, Nominees, timelines or any other aspect of the Zee Cine Awards at their sole discretion at any time including with retrospective effect. The Awards Management cannot and shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the draw. The Awards itself may be cancelled for force majeure or any other reason at the discretion of Awards Management, and the Awards Management shall not be held responsible to any Voter for any loss or damage or direct or indirect impact of the same on the Voter or any organization, if any .
g. The Awards Management reserves the right to change this cap at its discretion and need not provide any specific intimation to any Voter or Nominee for the same. The Awards Management and the ‘Official Tabulators’ will not be liable for any claims / disputes made in relation to the awards process
h. Awards Management reserves the right to change the terms, conditions, and notices under which the Voting Platform is offered, including but not limited to the charges associated with the use of the Voting Platform. You are responsible for regularly reviewing these terms and conditions. The Awards Management is not responsible to inform the Voter of any changes that take place in the T&Cs. The Awards Management reserves all rights to make prospective and retrospective amendments to these T&Cs without prior notice. Your participation in the Voting across the Voting Platforms will be construed as an acceptance of the above stated Terms & Conditions.
i. All votes and/or voting data become the sole property the Awards Management and will not be acknowledged or returned. By submitting an email address, voters hereby agree to Awards Management’s collection and usage of their personal information
j. Decision of the Awards Management on all matters is final and binding on all and no correspondence will be entertained on the same.
k. Server date and time shall be taken as the date and time that the vote for the respective Nominee has been cast.
l. Awards Management is not responsible for any loss of Voter’s Personally Identifiable Information (PII) and shall not be held responsible for the same.
m. Voting for any Nominee for the Zee Cine Awards is optional and no Voter shall be compelled to vote for any Nominee and by doing so, agrees to these Rules and Regulations, as amended by the Awards Management from time to time with retrospective effect.
n. The Awards Management will not be responsible for any failure, delays/non-availability/downtime of the voting service.
o. Server time of the Awards Management will be taken as reference for start and close of voting
p. Voters who do not comply with these Rules and Regulations, or who attempt to interfere with the voting process or the operation of the Voting Platforms in any way will be disqualified and their votes may not be counted.
q. The Awards Management reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend voting should any virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the voting process. The decision of usability of the votes received till such time will be at the discretion of the Awards Management.
r. Voter(s) of the Zee Cine Awards agree(s) that he/she shall hold harmless the Awards Management, its directors, employees, officers, affiliates or representatives in connection with Zee Cine Awards voting.
s. Non-conformance to any of these Rules and Regulations and/or other instructions as specified by the Awards Management by any Voter may result in immediate disqualification of his/her vote
t. The Awards Management reserves all rights to make amendments to the existing Rules and Regulations without prior notice.
u. The Awards Management and its affiliates, subsidiaries reserve the right to cancel/postpone/stop/ terminate /modify the Voting process or the voting timelines at its sole discretion.
v. The Awards Management is not responsible for any errors or omissions. All information provided for the Voting is provided “As is” without warranty of any kind. The Awards Management makes no representations and disclaims all expressed, implied, and statutory warranties of any kind to the Voter and/or any third party including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
w. The Awards Management shall endeavor to make all reasonably practicable arrangements to minimize system difficulties, ensure uptime of systems, back-up of data, server capacity, and prevent other technical impediments, but can make no guarantee thereof.
x. The Awards Management, its affiliates, contractors, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, microsite, internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of voting information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit Voter’s ability to vote, including any injury or damage to Voters or any other person’s mobile device relating to or resulting from participating in the voting or downloading any materials. Awards Management is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected votes, which will be disqualified. Awards Management shall attempt to use commercially reasonable efforts to ensure the security and accuracy of all votes and the voting process (provided, however, that Voters acknowledge and agree that such methodologies are not infallible, and that the Awards Management make no guarantee as to their effectiveness).
y. The Awards Management is in no manner responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma or physical harm caused to any Voter(s) in any manner whatsoever or for any reason whatsoever arising from any issues relating to the voting.
z. The Awards Management or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Voter(s) and arising as a result of his/her participation in the voting.
aa. The Awards Management assumes no responsibility for any loss or damage that any person / organization may suffer as a result of the awards process, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Vote of any Voter
bb. By voting for the Zee Cine Awards, the Awards Management does not constitute any principal-agent / joint venture / partnership or any other business or non-business relationship with the Voter
cc. The Awards Management has the right to alter/modify/add/delete clauses from these Rules and Regulations at any time without notice, proactively or retrospectively, without assigning any reason whatsoever to its Voters
dd. Casting of a Vote shall construe acceptance of these Rules and Regulations even if the same is not explicitly mentioned by the Voter
ee. The Awards Management and its sub-contractors are not responsible for delayed receipt or non-receipt or incomplete receipt or corrupt receipt of Votes.
ff. Unless due to willful tortuous misconduct or gross negligence, the Awards Management and/or its directors, employees, officers, affiliates or subsidiaries shall have no liability in tort, contract, or otherwise (and as permitted by law, product liability), to the Voter and/or any third party.
gg. While reasonable precautions are being taken, in case of loss of voting data, the Awards Management shall proceed with the Zee Cine Awards in the best way possible and no questions regarding the same shall be entertained.
hh. Some browser settings/versions may not permit the Voters to cast votes for the Zee Cine Awards. In that case, would request you to contact your system administrator.
ii. Under no circumstance shall the Awards Management and/or their directors, employees, officers, affiliates or subsidiaries, be liable to the Voter and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if the Awards Management has been advised of the possibility of such damages.
jj. The Voting Platform is controlled and offered by Awards Management from its facilities in India. The Awards Management makes no representations that the Voting Platform is appropriate or available for use in other locations. Those who access or use the Voting Platform from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.
kk. The Voting shall be governed by and construed in accordance with the applicable laws in India. All matters with respect to the Voting are subject to the exclusive jurisdiction of the Courts at Mumbai only.
mm. As a voter, if rules or any element of the awards process are unclear or experience difficulties of any kind, you can write in your feedback on www.zeecineawards.com/contact-us/