ZEE Entertainment Enterprises Limited (“Company”) is organizing “Zee Cine Awards 2019”, which is an award show, to be telecast on Zee Cinema and subsequent airings will be on other channels owned by the Company
By means of these terms and conditions set forth herein (“Terms and Conditions”), the Company is providing an opportunity to the interested viewers / participants (“Voter(s)”) to submit/cast his/her votes to select his/her favorite actor/actress for Best Actor(Male), Best Actor (Female), Best Film and Best Song of the year from the various nominations in different categories of awards in the Event on various platforms such as (a) Interactive Voice Response (IVR) voters can call on the number 1800 120 1901 (referred as “IVR”), and/or (b) website voting on Company’s webpage being www.zeecineawards.com. It is clarified that website voting shall include voting from world wide web (web) and wireless application protocol (WAP) (referred as “Company’s Website”) (c) Zee5 Website & Application (referred as “App”) (individually referred to as the “Voting Platform” and collectively referred to as the (“Voting Platforms”) (“Activity”) on terms more particularly described herein below, which Voter agrees to be unconditionally bound by:
I. PROCEDURE FOR PARTICIPATION IN THE VOTING ACTIVITY:
1. In order to participate in the Activity, each Voter shall be required to submit/cast his/her votes to select (“Voting Entry”) his/her favorite actor/actress out of the various actor/actresses nominated by the Company in various category of award in the Event. For sake of clarity, there shall be 4(four) categories i.e. Best Actor (Male) Best Actor (Female), Best Film, Best Song of the Year. Further each category shall have 6(six) nominees, nominated by the Company (“Nominee”). Each Voter shall be required to submit the Voting Entry in any of the following manner:
(i) Interactive Voice Response (IVR) –
Voter can call on the number 1800-120-1901, which is a toll-free number. The voter will then receive a URL through SMS for online voting on the WAP enabled portal. If the Voter does not submit his/her vote on the online platform within 10 minutes of receiving the link, the Voter will get an IVR call to vote. The Voter can make a maximum of 3 attempts to submit their votes through the IVR and WAP enabled portal.
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 the other balance categories of 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 out basis the choices made by the Votes during the call.
The Voters shall have up to 6 seconds to select his/her 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 he/she should try again later and the call will get disconnected.
Company 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 will not receive a call back in the 4th attempt onwards if he has answered the call in any or all of the 3 attempts and has cast his/her vote
The Awards Management are not responsible if the call-back is not successful due to including but not limited to the following reasons:
A. Line being busy
B. Congestion on the network
C. No answer received
D. Poor call conditions / unclear reception
E. Number engaged / busy
(ii) Company’s website Entry:
To submit the Voting Entry via the Company’s Website, the Voters shall be required to log onto Company’s website being www.zeecineawards.com and click on the page/online form/post created for casting votes and submit his / her voting Entry for Best Actor(Male), Best Actor (Female), Best Film and Best Song of the year from the various nominations choice under the various categories by filling on the necessary personal information on the Website more particularly his/her name, city, mobile number, email address (collectively to be referred as “Personal Information”) and click on “submit” button. Once the Voter has successfully submitted his/her vote for all the categories mentioned above and shared his/her the Personal Information, the Voter shall be directed to a page with a message acknowledging his/her successful submission of votes.
(iii) Zee5 Website & Application Entry:
The Voter shall be required to download the Zee5 App on his/her handheld device and vote and submit their voting entries for their favorite nominee or log on to the Zee5 website and cast their votes. The Voter shall click on the categories mentioned and submit/cast his/her vote for his/her preferred/favorite Nominee.
Each of above shall be individually referred to as the ‘Voting Entry” and collectively referred to as the “Voting Entries
2. The Activity Period for Voting Activity shall start [tentatively] from Saturday, 23rd February 2019 and continue till Sunday, 10th March 2019.
3. Each Voter shall be allowed to submit a valid Voting Entry for a maximum of 3 (three) attempts from his/her registered mobile number on IVR and/or Company’s Website and/or ZEE5 Website &App. For sake of clarity, any Voting Entries beyond 3(three) attempts, received for any Nominee on IVR Number and/or Company’s Website and/or ZEE5 Website & App, shall be declared as null and void and shall not be taken into consideration for the purpose of counting the Voting Entries. The Company reserves the right to change the said restriction of 3 Voting Entries at its discretion and shall not provide any specific written intimation to any Voter.
4. The Company shall promote this Event and subsequent Voting Activity through the medium of the TV channel, website, media (newspapers), television (promos, astons, bugs etc.), radio, digital media/ online and any other manner as shall be deemed fit by the Company, at its sole discretion, stating the mechanism in which the Voters can submit the Voting Entry in the Voting Activity.
5. It is further clarified that the details of the Voting Entries will be saved and stored in the Company’s data bank/ server and the data bank/server of Voting Platforms, to be utilized and publicized only for the purpose of the Voting Activity.
6. For purposes of the Voting Activity, “receipt” of the Voting Entry occurs only:
(i) Interactive Voice Response (IVR):
When the system successfully records Voters response
(ii) Company’s Website Entry:
For the purposes of the Voting Entry made through the Company’s Website, a Voting Entry will be considered as complete and valid only when the Voter visits the Company’s Website and submits the Personal Information, votes for his/her favorite/preferred actor/actress from various Nominees under different categories and clicks on the “submit” button.
(iii) Zee5 Website & App:
When the website and application system successfully record the vote casted/submitted by the Voter.
7. If the Voter fails to make the Voting Entry in accordance to Clause I(1), Clause I ( 2) and Clause I (6) hereinabove then his/her Voting Entry shall be considered incomplete and the Voter shall not be eligible for selection for the purpose of Voting Activity. For the avoidance of doubt it is hereby clarified that by submitting the Voting Entry the Voter is representing that the Voting Entry or contents thereof are not confidential or comprise any sensitive personal information.
8. Voting Entries received after the Activity Period of the Voting Activity shall be considered null and void.
9. Determination of the winner(s) in different categories of the Event:
a. After the completion of Activity Period, votes received shall be tabulated by the Company.
b. Winner(s) from the different categories of the actors/actress nominated for the award show in the Event (“Winner(s)”) will be decided based on the IVR and Company’s Website and ZEE5 website and App or/and any other platforms as may be indicated by the Company from time to time during the Activity Period after considering the capping rules.
c. It is clarified that the Winner(s) result shall be based on 100 % (One hundred percentage) weightage on public voting;
d. Total votes of the Nominee shall be counted based on addition of the Voting Entries through all the Voting Platforms throughout the Activity period.
10. The Voter shall ensure that the Voting Entry submitted is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Voters shall not host, display, upload, modify, publish, transmit, update or share any information that
(a) belongs to another person and to which the user does not have any right; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Voter agrees that the Company has the right to remove any such material/Post which may not be in consonance with applicable law.
11. The Company and/or Voting Platforms shall not be responsible for any Voting Entries submitted by the Voters but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or network provider’s connection failure and/or any reason whatsoever. The services of Voting Platforms are provided “as-is” and as available and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company and/or Voting Platforms cannot guarantee and does not promise any specific results from use of the services of the Voting Platforms in whatsoever manner.
12. The Company 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.
13. The Company makes no representations that the Voting Platforms are appropriate or available for use in other territory outside India.
14. The Voting Entry made is non-transferrable and non-exchangeable. Voter agrees and undertakes that no cash equivalent or alternatives will be given to the Voter for submitting the Voting Entry.
15. The Voter shall not in any circumstances make any claims against the Company entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the Voter’s participation in the Voting Activity or any related activity, to the extent permitted under law. If the Voter is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Voting Entry will stand disqualified and such decision shall be final and binding.
16. No dispute shall be entertained with regards to the Voting Entry submission mechanism/ criteria and/or counting mechanism of the Voting Entries received by the Company. Decisions of the Company shall be final and binding on the Voter.
II. GENERAL TERMS AND CONDITIONS
1. Participation in the Voting Activity on the website and Zee 5 platform is open to citizens worldwide and for IVR voting its open to citizens residing in India.
2. The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Voting Activity without giving prior notice. It shall be the sole responsibility of the Voter(s) to check the Terms and Conditions of the Voting Activity on the website of the Company/ Event i.e. www.zeecineawards.com
3. The Voter hereby undertakes, warrants and guarantees to the Company that he/she has full legal capacity to participate in the Voting Activity in accordance with these Terms and Conditions.
4. The Voter understands and agrees that the Company shall not be responsible in any manner whatsoever for any Nominee being been not selected as a Winner post counting of the Voting Entries received on the Voting Platforms from the Voters. The Company shall not entertain any complaints from the Voters or any person related to the Voter in relation to the Voting Activity of the Event.
5. The Voter acknowledges that he/she has voluntarily chosen to participate in the Voting Activity at his/her free-will and is willing to bear all risk, costs and consequences arising from such participation in the Voting Activity.
6. Voter(s) who do not comply with these Terms and Conditions, or who attempt to interfere with the process of Voting Activity or the operation of the Voting Platforms in any way shall be disqualified and the Voting Entries submitted shall not be counted.
7. Casting of a vote shall construe acceptance of these Rules and Regulations even if the same is not explicitly mentioned by the Voter. The Company shall not be responsible for delayed receipt or non-receipt or incomplete receipt or corrupt receipt of votes.
8. All Voting Entries received by the Company shall be subject to verification to automatic, programmed, robotic or similar means of voting are permitted.
9. The Company reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Voting Entries submitted by the Voter, 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 Voting Entries received by the Company shall be decided by the Company at its sole discretion.
10. The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses or otherwise suffered / incurred by any of the Voter(s) in the event that the Company is not able to permit the Voter to take part in the Voting Activity in accordance with any of the foregoing provisions.
11. Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the dates for such Voting Activity and at such date and place as it may determine.
12. At no point of time will the Company be obliged to notify the Voter, the Voting Entry of whom has been disqualified by the Company.
13. The Voter(s) shall hold harmless and indemnify, the Company, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Voter(s) and/or the Voter in connection with the Voting Activity and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
14. The Voter shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by the Company in connection with any act of the Voter and/or the Voting Activity and/or post and/or Voting Entry and/or any third party rights claims with respect to the material submitted by the Voters(s).
15. The Voter(s) shall not hold the Company, its affiliates, contractors, partners, vendors and promotion and advertising agencies responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, 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 or land line relating to or resulting from participating in the Voting Activity or downloading any materials. The Company and/or its representatives shall not be responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected votes, which shall be disqualified. The Company shall attempt to use commercially reasonable efforts to ensure the security and accuracy of all Voting Entries and the methodologies/ processes/ mechanisms of said Voting Entries however the Voters hereby acknowledge and agree that such methodologies/ processes/ mechanisms are not infallible, and that the Company makes no guarantee as to its effectiveness.
III. OTHER TERMS
1. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
2. These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Mumbai.
The Company is empowered to take a decision on any case not covered by the present Terms and Conditions and the said decisions shall be considered as final and binding on the Voters.
3. Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
IV. NO LIABILITY
1. The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Voter in any manner whatsoever, in relation to participation in the Voting Activity.
2. The Company, shall be under no liability whatsoever to the Voters, in respect of any loss, damage suffered by the Voters arising from or pursuant to the participation in the Voting Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Voter at any stage of the Voting Activity whether or not caused by (1) the Voter’s participation in the Voting Activity; (2) as a result of the any decisions of the Company for any matter relating to the Voting Activity; (3) as a result of any comment, remark, judgment, view, criticism, critique, opinion and/or observation in relation to any Nominee made and/or passed by the mentor appointed by the Company for the Event. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Voting Activity. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Voter; or circumstances beyond the Company’s reasonable control.
3. The Voter agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors, vendors or any other person in connection with the Event and/or the Voting Activity including but not limited to persons connected to the Voting Entries counting procedure and/or elimination procedure based on the number of Voting Entries received and recorded with the Company and/or any increase/decrease in the charges charged to the Voter by his/her network provider for submitting the Voting Entries.
4. The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Voters and arising as a result of his/her participation in the Voting Activity, if selected.
5. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the production of the Event and/or conducting the Voting Activity on account of any force majeure factors or otherwise.
6. Company shall not be held responsible or accountable for any expenses (including but not limited to charges charged by the network providers for each Voting Entry submitted by the Voter), loss, or any other liability which may arise due to the Voter submitting Voting Entries on the Voting Platforms.
7. The Voter hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Voting Activity or due to any representations, misrepresentations or concealment of material facts by the Voter.