ENTERTAINMENT NETWORK (INDIA) LTD (ENIL) is holding a Contest known as Smule Mirchi Cover Star on its Digital assets.
By reading this Contest terms and conditions AND participating in the Smule Mirchi Cover Star Vote & Win Contest (hereinafter referred to as the (Contest) you (Participant) irrevocably and unconditionally accept the same and you undertake to be bound by all the conditions contained therein without any kind of contestation and/or demur. In case all or any of the terms and conditions given below are not acceptable to you, you should not participate in the Contest.
By participating in the Contest, you accept and agree to the following:-
- These Terms and Conditions (T&C) pertain to and shall govern the term of participation in the competition cum talent hunt initiative by Entertainment Network India Limited (ëCompanyí/ ëENILí/ ëRadio Mirchií/Organizers) tentatively titled ìMirchi Cover Stars 2018î competition (ìCompetitionî) which may give the interested participants, an opportunity to showcase their singing talent.
- By reading these T&Cs and participating in the Competition you (ëParticipantí) irrevocably and unconditionally accept the same and undertake to be bound by all the conditions contained herein without any kind of contestation and/or demur.
- These Terms may be modified without any prior notification. Participant is advised to regularly review these Terms.
- Please note that participation in this Competition does not in any manner guarantee selection for participation in the Competition and the same is subject to sole discretion of the Selection Panel/Jury (ëJuryí) appointed by the Company for the purpose. Please further note that nothing herein shall be deemed to obligate the Company to select any of the Participants for the Competition and the same is purely discretionary. The Company reserves its right to cancel/call off the Competition or terminate the participation of any Participant at any stage or time, without assigning reasons and without requirement of notifying the same anywhere.
- If you do not agree to these T&Cs, you should not participate in the Competition.
1. Entry Procedures to the competition
1.1 Registration for participation in the competition shall be open from November 24, 2018 12:00:00 hrs to December 10, 2018 at 12:00:00hrs on the Smule Application for Android and IOS only
1.2 The Participants shall fulfil the following criteria:
1.2.1 The Competition is open to the participants between the ages 18 and 35 years of age as on December 10,2018. The information provided by the participants including the links of the video should be reviewed and authorized by the participants
1.2.2 Citizens of India
1.2.3 Person of sound mind
1.2.4 Person with any criminal record/s will not be eligible to participate
1.2.5 Participants must enter the Competition on their own behalf, entry by proxy is not allowed.
1.2.6 Participant should not be an employee or immediate family or relative, of an employee of the Company, or its sponsors/ partners/ associates/representatives including Smule, True School of Music.
1.3 The Smule App submission (ìEntryî) for participating should have been completed on or before closing of the call for entry period i.e. December 10, 2018 at 12:00:00hrs and should be in correct format to be considered as a valid entry (ìValid Entryî).
1.4 The cellular/landline number or Email ID from which the registration is received will be used as unique identification number received to identify the Participants. Each Participants can submit only one entry for the competition. In case of duplication only the first entry received by the management will be taken into consideration for the next round
1.5 How to enter the competition
1.5.1 Participants need to download Smule App from Google/Apple store for entering the competition
1.5.2 Once they login register through any social media/google account or through mobile number
1.5.3 Post registration Participant needs to click on the Mirchi Cover Star Banner which will direct them to the list of songs shortlisted for the Competition
1.5.4 There are 30 Male and 30 Female centric songs shortlisted by the management as listed in the Smule App
1.5.5 The Participants shall record video of the as per the specifications of the application and instructions given in the Smule App (ìAudition Videosî)
1.5.6 Participants shall ensure that the Audition Videos of the Participants must conform to the requirements:
18.104.22.168 Performance must be a cappella (no instruments or backing track)
22.214.171.124 Audition Videos must have been recorded within time limit specified by the application
126.96.36.199 Audition Videos must only contain the Participant and no other member and/or voice of any other person.
188.8.131.52 Audition Videos must NOT contain material which is sexually explicit, obscene, pornographic, violent (for example, relating to murder, weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (for example, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing.
184.108.40.206 Audition Videos must NOT include mention or feature any uncleared copyrighted material, including but not limited to music, films, books, television programming, artwork, sculpture, photographs, etc., or identifying descriptions of any copyrighted material.
220.127.116.11 Audition Videos must NOT contain derogatory references to the Producer, the Company, the Channel, etc.
18.104.22.168 Audition Videos must NOT include any third-party trademarks, logos, insignia, location signage, etc.
22.214.171.124 Songs Sung in the Audition Videos should be in Hindi only
126.96.36.199 A Participant can upload only one video for Registration
188.8.131.52 The Participants must then check the box that signifies his/her agreement with the Terms and Conditions governing the Competition and the information provided is correct
1.5.7 All videos uploaded by the Participants on the website should be original and should not attract any copyright issues/ claims by any other individual/ party
1.5.8 Organizers will not be liable or held responsible in case of any disputes / copyright issues with respect to the Audition Videos uploaded on to the application by the participants
1.5.9 Organizers will be given the undisputed right to use the Audition Videos uploaded by the Participants and to cut / edit / alter the same to suit its use in promotion of the Competition and / or post it on its website or any medium in any manner now known or hereinafter invented
1.5.10 All audition videos shall be evaluated. The Organizer will decide whether the same will be performed by an independent set of jury members or through an online software.
1.5.11 The Organisers not liable to disclose its scoring / selection process and will not entertain any questions with respect to the same
1.5.12 Organizers will not be responsible for the audition videos that have been lost due to traffic, service breakdown at the end of the internet service provider, or the closure of the registration lines while the registration is in progress.
1.5.13 The Smule application or the www.mirchicoverstar.com website are provided on an ìAs Isî, ìAs Availableî basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties if merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this terms and conditions.
1.5.14 By submitting the Audition Videos, the Participants hereby grants to the Organizers , in perpetuity, an exclusive, irrevocable, royalty-free, sublicensable and freely transferable right to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Audition Videos for any purpose whatsoever, throughout the universe, including, without limitation, in connection with (I) the Competition, including, without limitation, advertising, marketing, promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights, and redistributing part or all of the Competition (and derivative works thereof), and (ii) the business of Organizers network of Internet websites, wireless applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which the Organizers may distribute content to end users, whether now existing or hereafter developed (together, the "Platforms"), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to the participants.
1.5.15 Any attempt to deliberately damage or undermine the legitimate operation of this online registration portal may be a violation of criminal and civil laws and should such an attempt be made, the Organizers entities reserve the right to seek damages fully of the law.
1.5.16 The participants acknowledges and agrees that the Organizers Entities, their agencies, web masters/suppliers, contractors and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: incomplete, lost, late, misdirected, or illegible submissions or for failure to receive submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Organizer Entities or otherwise, that may limit a participantís / Participantís ability to participate in the Online registration
1.6 Selection process:
1.6.1 All valid correct entries received across all platforms on the Smule App will be screened by a software and/or set of independent juries on a pre-defined rating scale
1.6.2 While multiple entries from the same landline / mobile telephone number will be submitted by the participant only the first entry submitted by the participant will be taken into consideration for the competition
1.7 Informing Participants about Audition shortlisting
1.7.1 Valid Entries which are selected as decided by the Jury from the Participants received from Online Application based platform will be informed by any of the mediums like SMS & Out bound dialer call on the number used for / provided during registration/ email ID verified/as per the details available with the Organizers
1.7.2 The Company shall not be responsible and/or liable in any manner whatsoever in case the Participants(s) is unable to participate in the audition process due to failure in delivery of the confirmatory message.
1.7.3 The Participants shall not and waives any right to question the selection process, non-selection of the Participants and/or the selection of any other Participants.
1.7.4 The registration does not guarantee the selection or participation of the Participants in the Audition and such selection shall be as per the sole discretion of Organizer. The Participants(s) shall not and waives any right to question the selection process, non-selection of the Participants and/or the selection of any other Participants.
1.7.5 The Organizers shall not be held responsible to verify the identity of the Participants. No claims / queries in respect of the same shall be entertained. In case of any doubts / queries with respect to the same, the Organizer may, without providing any notice and reason, disqualify the Participants from further participation in the competition
1.7.6 Any Entry made by the Participants are not transferrable in case of any other relation of the Participants other than the Participant whose details have been entered.
1.7.7 If a registration is submitted and it is not possible to determine with certainty of the person who registered from that telephone number/e-mail ids, the entry would be disqualified. Participants are requested to use phone numbers which are unique to them and where they do not foresee such difficulties.
1.7.8 Timelines are subject to change based on on-ground conditions, degree of participation, technical issues, force majeure reasons, etc. Channel and Company are not responsible if the out bound dialer call for informing the participant is not successful due to:
a) Line being busy
c) No answer received
d) Poor call conditions / unclear reception
e) Number engaged
f) Call drop
g) Other reasons that could render a call unsuccessful or terminate it.
1.7.9 Organizers and its agents, affiliates and representatives will use their best efforts to contact the selected Participants, but will not be responsible or liable in any way whatsoever if the Participants cannot be reached by Email, SMS and by Out bound dialer call 2 attempts each made by the Company
1.7.10 The Company will attempt to inform the Participants about his/her selection at least 2 days prior to the audition for which he/ she has been shortlisted. This shall be done on a best effort basis and shall not be deemed to be grounds based on which the Participants changes his / her location of the audition.
1.7.11 Post submission of the entry, the Participants(s) will not be permitted to modify / alter / change any details submitted.
1.7.12 If entries are received for participation, it is assumed that the person sending in the entry has provided us with permission to send SMSs to or call him / her, if such sender is registered on the National Do Not Call registry. Organizers and/or its authorized agents, affiliates and representatives will use their reasonable efforts to contact the Parent(s) / Guardian(s) of the selected Participants(s), but will not be responsible or liable in any way whatsoever if the Participants(s) cannot be reached again in the event the call gets dropped or disconnected.
1.7.13 Organizers and/or its authorized agents, affiliates and representatives will use their reasonable efforts to contact the selected Participants, but will not be responsible or liable in any way whatsoever if the Participants cannot be reached again in the event the call gets dropped or disconnected
1.7.14 The Participants will be contacted to share the following documents with the management for verification:
184.108.40.206 For valid name proof (any one of the following):
220.127.116.11.1 PAN Card
18.104.22.168.2 Aadhar Card
22.214.171.124.4 Voter ID or
126.96.36.199.5 Driverís License
188.8.131.52 For Valid address proof (any one of the following):
184.108.40.206.1 Aadhar Card
220.127.116.11.2 Landline Phone / Electricity Bill
18.104.22.168.4 Voter ID
22.214.171.124.5 Driverís License or
126.96.36.199.6 Ration card
188.8.131.52.7 1 passport size photograph plus 1 full length and 1 frontal photograph
1.8 All the above-mentioned documents must be in Hindi or English only.
1.9 Notwithstanding the aforesaid, the following category of persons are not eligible to enter, take part nor participate in the Competition: (a) full-time employee(s) of Company, partners, and immediate family members of such employee(s) as may be determined by the Organizers in its sole and absolute discretion; and (b) the employee(s) of any company that are part of the production of the Competition, including the prize providers.
2.1 In the event the Participants(s) uses a public phone or phone or sim card not registered in his/her name for registration, the Organizers will not be responsible to track the Participants(s).
2.2 In the event is it not possible to determine with certainty the person who registered from a particular telephone number/mobile number, that entry would be disqualified. Participants(s) are requested to use phone numbers which are unique to them.
2.3 Organizers shall not be liable for any failure of the IVR or SMS server or system, any call drop during participation or incomplete registrations submitted by Participants(s).
2.4 The Organizers shall endeavour to make all reasonably practicable arrangements to minimise website server difficulties, ensure uptime of systems / servers, back-up of data, telephone system / website server capacity, and prevent other technical impediments, but cannot provide any guarantee in respect thereof as these are dependent on external utilities/ service providers.
2.5 Organizers and its sub-contractors are not responsible for delayed receipt or non-receipt or incomplete receipt or corrupt receipt of Registration entries.
2.6 The Organizers accepts no liability and shall not be responsible and/or liable in any manner whatsoever in case the Participants(s) are unable to participate in the Audition due to failure on the part of the telecom operator / website/ app service provider, facility provider, etc, or due to capacity constraints.
3. Winner determination
Subject to completion of documentation as prescribed by Organizers, the Participants will have to go through following rounds:
A. Public voting round: Where the audition video of top participants will be taken to a social media platform for voting.
B. Jury round: Post selection in the public voting round, the Participant will be taken to sing in front of the Judges forming a part of a Jury
3.2 The number of Participants to be selected and the number of selection rounds to be conducted shall be at the sole discretion of the Organizers.
3.3 Based on the Organizers ís requirement and creative discretion, the final selection Participant(s) for the next round of the Competition will be made from amongst the shortlisted pool of Participants at the Jury round
4. Public Voting Process
4.1 Top 100 videos shortlisted post documentation checks will be announced to public for voting by Organisers across various platforms
4.2 The number of entries that could be opened to public voting can be modified and changed at the discretion of the Jury and Organisers
4.3 Public can vote for up to 5 nominees announced through logging on to www.mirchicoverstar.com , as facility made available by the organiser
4.4 If the entries are not received in the correct and defined format then they may not be considered for tabulation purposes
4.5 A cap of maximum votes per registered voter will be applicable and will be decided internally by the Awards Management
4.6 Last date for public voting will be announced subsequently by the Organisers
5. The Finale rounds
5.1 The Organizers shall shortlist Participant(s) after the public voting as required, out of which only a limited number of Participant(s) shall be selected for the finale round
5.2 The Organizers will notify the Participants(s) who will be required to perform in the Final
5.3 The Organizers shall be responsible for the travel (shortest route possible) and hotel stay arrangements of the Participants and the Participant(s). The travel and stay arrangements will be made as per the Organizersí discretion and any request in this regard by the Participants shall not be entertained. However, in case of Participant and Participant(s) residing in Mumbai the Organizers shall not be responsible for making any accommodation arrangements
5.4 There will be video shoots held in the studios for these participants
5.5 Participants must ensure that they maintain decorum at the studio. Further, the instructions of the Organizerís shall be adhered to strictly. Any Participants who acts in contravention to the instructions of the Organizers or creates nuisance either to the Organizers or to any other person, shall immediately be disqualified from participating in the Audition and the Competition and shall be asked to leave the venue
5.6 The Participant(s) will be invited to perform whole or part of a song in Hindi following which winners will be announced.
5.7 Jury will be scoring them on pre-defined parameters.
5.8 The decision of the Jury relating to the Audition including but not limited to short listing the Participants and determining winners will be final & binding and is non-contestable. In case of any dispute or difference in respect of the competition, the decision of the Jury shall be final and binding on all concerned
5.9 Participant (s) will perform only once at the finale round of the Competition
5.10 It is anticipated that recording of the Finals will take place tentatively around [January 10, 2019 ñ February 11, 2019]. The selection of the winner of Mirchi Cover Star will be made by public vote plus jury scores
5.11 The Organizers shall make the best effort to abide by the timelines provided. In case of any changes to the timelines, the Organizers have the sole right to alter / prepone / postpone the timelines without providing any Participants(s)/ Participant / Viewer with any reason for the same.
5.12 The Organizers shall not be liable nor responsible for any damages, losses, costs, expenses or otherwise suffered by any of the Participants in the event
5.13 All cost incurred for participating in Auditions unless specified is to be solely borne by Participants(s) on behalf of the Participants and the Organizers shall not be liable in any manner whatsoever.
5.14 If a Participant along with Participants are unable to appear for the Finale at the stipulated venue and time, he/she shall be disqualified from further participation.
5.15 Organizers shall not entertain any request by the Participants(s) or the Participant for change in the dates and venues of finale/audition.
5.16 The Finale process in the studio may take more than one day, and the Participants would be required to be present for the entire period of the Audition as informed by the Organizers and all costs including but not limited to boarding, lodging etc will be borne by the Participant
5.17 Notwithstanding any other provisions in this Agreement, the Organizers may, at its sole and absolute discretion, cancel or reschedule the Finale event and at such places as it may determine and the Participant(s) shall adhere to and abide by all instructions, requirements and timing stipulations as determined by the Organizers and shall attend at all such additional Auditions.
5.18 Cameras and photography by the Participant will not be permitted at the Finale or the Shoot venues.
5.19 The Participants(s) understands that getting shortlisted at any stage is only a preliminary step towards further participation of the Participant in the Competition and it shall be the absolute and sole discretion of the Jury to allow participation based on creative requirements.
5.20 All Auditions will be subject to such timing stipulations and requirements as may be determined by the Organizers makes no representations, warranties nor provides any undertaking to any of the Participant that any or all the Participant will be able to perform or audition (whether before the Judges or otherwise) at the time and/or place in accordance with the invitation for Audition. Organizers shall not be liable nor responsible for any damages, losses, costs, expenses or otherwise suffered by any of the Participants if the Organizers is not able to permit the Participants to perform or audition in accordance with any of the foregoing provisions.
5.21 Notwithstanding any other provisions in this Agreement, the Organizers may, at its sole and absolute discretion, hold additional Auditions on such other dates and at such places as it may determine and the Participant shall adhere to and abide by all instructions, requirements and timing stipulations as determined by the Organizers and shall attend at all such additional Auditions.
6.1 Participants is required to furnish necessary supporting documentation as proof of age, address, name, photo identity and nationality i.e. one original and attested photocopy each of either (I) passport/driving license or (ii) PAN Card along with birth certificate and ration card or (iii) voter identity card with birth certificate (iv) Aadhaar card. These documents must be in English or Hindi language.
6.2 Organizers may, at its discretion contact the Participants(s), if required, for any clarifications needed for the information provided in the registration.
6.3 The Organizers have the right at any time to require proof of identity and/or eligibility. Failure to provide such proof within a reasonable time could result in disqualification from the Competition.
6.4 In case there is any mismatch of details in any round of the Competition, the Participant(s) may be disqualified from further participation in the Competition
6.5 All personal details and information requested by and supplied to the Organizers by each Participants must be truthful, accurate and in no way misleading. The Organizers reserves the right to disqualify any Participant(s) from the Competition or Audition in its sole discretion, should the participant at any stage supply untruthful, inaccurate or misleading personal details and/or information or should at a later stage it is found that the details so provided are incorrect or misleading.
6.6 If at any time, including after winner announcement, any information submitted by the participant(s) is found to be incorrect, false, or otherwise misrepresented or misleading, the participant(s) shall be disqualified.
6.7 Organizers may use the information provided by the Participant(s) to verify age and identity and to carry out background checks with law enforcement and government agencies. Organizers may share the information provided by the Participants as part of the selection process and about the production and promotion of the Competition.
6.8 Organizers shall keep all the information collected from the Participant (s) confidential and shall share the same with the agency/third party/sponsors for inviting the Participant(s) for bringing the Participant(s) for the audition, if selected. Organizers shall ensure that the Participant(s) are contacted by the Organizers or on behalf of the Organizers only for the present Competition and all such information collected by the Organizers shall be destroyed if the Participants are not selected. Organizers shall not share the information so collected with any party, save and except for the purpose of the present Competition. The Participant(s) by providing the aforesaid sensitive personal information hereby agree that the Organizers shall have the right to share the information so collected with such other third party and the Organizers as required for the Competition and hereby agreed that they shall not file any claim against the Organizers for sharing for such personal information.
7. Speaking to the media and third persons
7.1 None of the Participants shall, without the prior written approval of the Organizers, speak to the press or any other media or any third person, nor give any interviews or comments relating to the Auditions or any aspect of the Competition or write blogs, post any messages in social networking or any social media platforms. The Participant(s) shall not disclose any information whatsoever relating to the Organizersto any other party. Violation of this clause shall immediately disqualify the Participantís prospects of further participation.
7.2 The Participant(s) shall always keep confidential the selection process and all details regarding the Competition including Audition which he/she might be informed of or which he/she might learn or come to know of as a Participant(s) or as a short listed potential candidate.
8. Intellectual property rights and access to personal information
8.1 On request of the Organizers, the participants shall also decide for the Organizers to have access to Participant(s)í the residence, work, place, favourite hangouts, pets, etc. and obtain necessary permissions from his / her parents, siblings, friends, colleagues to be photographed, interviewed and to record or click their photographs, videos etc.
8.2 Participants shall ensure that the winner Participant(s) of the Competition shall make himself/herself available from time to time and co-operate with the Organizers and participate in any activity and/or campaign (ìPromotional Activityî) of any nature whatsoever without any monetary compensation. Further, the Participants shall ensure that the winner Participant(s) shall cooperate with the Organizer for any Promotional Activity as required by the Organizers. The Participants agree that the copyright and all other intellectual property right in any audio-visual content of the winner Participant(s) or their performances shall vest with the Organizers, for worldwide and in perpetuity. The Participants agree and acknowledge that the performances of the Participant(s) are incidental to the Competition and are not in any way the lead performances determining the success or failure of the Competition.
8.3 Any photographs, videos, etc. submitted to the Organizers or recorded by the Organizers during the Audition or registration procedure shall on submission / creation become the property of the Organizers and shall be available to the Organizers for exploitation throughout the world in perpetuity. The Participant(s) shall ensure that the photos or videos of the Participant(s) submitted by them in any public domain or their performances shall not be obscene, vulgar, defaming, denigrating women or children, hurting religious sentiments, depicting violence or shall not infringe the rights of a third person. In the event of any violation to the, the Participant(s) shall immediately be disqualified from taking part in the Competition or any further rounds of participation and such Participant(s) shall solely remain liable for any action (criminal/civil) arising therefrom.
8.4 Acceptance of these Terms and Conditions by the Participant(s) constitutes permission for the Organizers its affiliates and Organizers to click photographs, record videos of the Participant(s) and use the name, photographs, likeness, voice and comments of the Participant(s) for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any additional compensation whatsoever.
9. General Rules of the Competition
9.1 Participation in the Competition by sending entries in any of the aforesaid manner shall be acceptance of these Terms and Conditions.
9.2 There is no registration fee to participate in the Competition. The only way to participate in the Competition is through the defined processes of registration and audition announced by organisers. Any person claiming otherwise is defrauding/misleading you.
9.3 Participants must enter the Competition on to enable being the Participant(s) and entry(is) by proxy will not be accepted, even for their family members.
9.4 An entry is not transferable.
9.5 Employees of the Company, Organizers, advertising agency, auditors, Organizers contractors which have been appointed from time to time, and employees of the sponsors; and their respective families; persons other than nationals, or nationals living out of India, or those who do not qualify under the definition of resident of India as per the Income Tax Act, 1961 or those not conversant in spoken Hindi, are ineligible to enter the Competition. Failure to provide proof or affidavit of eligibility, including the proof of name, address and correct date of birth within a reasonable time upon request by the Organizers may result in disqualification. The Organizers also reserves the right to disqualify a Participants(s) and/or the Participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) during the conversation with the Organizers or any of the Organizers sub-contractors and vendors in the Competition, and/or in the information stated in the documents furnished by the Participant.
9.6 The Participant(s) hereby represents that he/she is not under any exclusive contracts with any other third party/ agency or is not under any kind of disqualification under law to enter into an agreement with the Organizers or its affiliates, for being the Participants.
9.7 The Participant(s) shall undertake, warrant and guarantee to the Organizers that the Participant(s) has the full legal capacity to participate in the Competition in accordance with these Terms and Conditions.
9.8 The Participant (s) hereby agree that he/she is entering this Competition as an independent party/person and nothing herein establishes an employer-employee relationship between him/her and the Company and that he/she is acting voluntarily, using his/her own time and resources to participate in the Competition, solely at his/her own risk.
9.9 By registering for the Competition, the Participant(s) represents that Participant(s) is medically fit and do not have present or past psychological ailments. If in the past Participant(s) has had any psychological ailments or have been under medication for any psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to the Organizers by the Participant(s) in writing along with a copy of the certificate from a qualified medical practitioner declaring Participant(s) to be fit for participation in the Competition.
9.10 It is a condition of entry and participation in the Competition that the Participants(s) has to ensure that the Participant(s) has not entered into any contractual, commercial, sponsorship agreement (including but not limited to recording, performing and/or merchandising contracts) or other arrangement for example with a management company or an individual to act as the Participantís manager in respect of his/her musical or performing abilities or the products thereof or in respect of his/her name, likeness, image or biography which might be in breach of the Participant Release Form or the Terms and Conditions or otherwise prevent the Participant(s) from participating in the Competition or the broadcast, promotion, exploitation or sponsorship thereof.
9.11 Each Participants(s) himself or herself is also required to refrain from wearing any clothing items bearing designer or sports logos or bearing the name or likeness of a celebrity, living or dead, during the Studio Part of the Competition and ensure the same for the Participant(s). Participants are also not permitted to wear or mention any competing TV channel names, or names of competitors of sponsors of the Competition.
9.12 If entries are received for participation, it is assumed that the Participants(s) sending in the entry has provided us with permission to send SMSs to or call him / her, if such sender is registered on the National Do Not Call registry.
9.13 The Participants(s) represent that neither he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Organizers in writing nor has the Participant(s) been involved in any case under Juvenile Justice Act, 2000. Participants(s) represent that the Participant(s) is /are not required to be present before any authority including police or any court of law during the shooting dates informed by the Company. and has no other disability which would prevent his/her participation in the Audition or the Competition (if selected).
9.14 The Participants(s) acknowledges that he/she has voluntarily chosen to allow the Participant(s) to participate in the Competition at his / her free-will and is willing to bear all risk, costs & consequences arising from such participation in the Competition.
9.15 Participant(s) will not be confirmed as Participants for the Competition if they are suffering from any kind of ill health, medical problems (viz.: heart ailment, blood pressure ailment, final stages of pregnancy, etc.). It is the responsibility of the Participants(s) to ensure that the Participant(s) are medically fit for participation. Nevertheless, the final decision regarding their participation in the Competition rests entirely with the Organizers.
9.16 The Organizers reserves the right to change the structure of the Competition as it sees fit including without limitation by adding auditions / rounds to the Competition or requesting additional performances from the Participants and / or changing the anticipated recording schedule and Participants(s) accept, agree and acknowledge such right of the Organizers and by participating in the Competition, Participants(s) hereby acknowledge and accept that Organizers shall have the sole discretion to do any of the above.
9.17 It is a condition of entry and participation in the Competition that Participants(s) to ensure the availability of the Participant(s) to participate in the Competition, and Participant(s) to agree and sign up the Release Form and abide by terms and conditions of such Release Form and the rules, regulations, terms and conditions as devised from time to time by the Organizers including but not by way of limitation the Competition Rules.
9.18 Should any Participant be selected to participate in the Competition , it is a condition of participation that with the benefit of independent legal advice, the Participants shall enter into Prize Agreement(s), including a recording agreement, a prize agreement provided by Organizers or any such other Agreements with such other parties as may be applicable and/or designated by the Organizers as well as the Release Form for the Final 12 for the purpose of ensuring that the Participant(s) can be engaged for the purposes of recording and other performances. Should the Participants(s) fail to enter into these Agreements (or any of them), the Organizers reserves the right to disqualify the Participant from the Competition. The Agreement(s) will become fully effective for the final winner Participant only. The Participants(s) acknowledges that while the commercial benefits under this Competition Rules may be available to the Winner only, the restrictions contained in these Competition Rules and in the Contributors Release Forms shall apply to the Participants(s) and Participant(s) shall ensure that Participants follow such Rules and conditions laid down in the Release Form.
9.19 The Participants(s) shall ensure that the Participants do not at any stage of the Competition discuss with or take advice from any or all the Judges on any matters relating to their participation in the Competition including, without limitation, their performance, appearance or choice of song.
9.20 The Organizers and Judgesí decision (or, where appropriate, the decision of the voting public, as recorded by the voting service provider) is final and the Participants(s) acknowledge that the interests of the Competition shall override those of any Participant and/ or contributor.
9.21 The Organizers reserves the right to ask the Participant to perform a specified song or song from a specified genre of its own choice. At all times during the Competition the Producer reserves the right of veto over the choice of song, even where Participants are permitted to select the song they wish to perform and all songs selected by any Participant shall be subject to the prior approval of the Organizers
9.22 The Organizers will have no liability to a Participants(s) Participant who is unable to attend or take part in the Competition for whatever reason and the Organizers shall be entitled to disqualify, and at the discretion of the Organizers replace, any such Participant from the Competition at any time thereof.
9.23 The Organizers reserves the right to amend the Competition Rules or terminate the Competition at any time without any liability to any Participant. The Organizers further reserves the right to replace at its discretion any Participant who for any reason fails or is disqualified from or unable to participate in the Competition with another replacement Participant, notwithstanding that such replacement Participant may have been previously eliminated from the Competition and each Participant shall agree to participate in the Competition as and when required by the Organizers to do so.
9.24 There is no obligation on the part of the Organizers to record or broadcast any Competition in which a Participant has appeared or any part of his / her contribution to a Competition.
9.25 The Participants(s) shall ensure that Participant must always behave appropriately when taking part in the Competition and observe the Competition Rules and any other rules or regulations in force at the studios and / or locations. The Organizers reserves the right in its absolute discretion to remove from the Competition, studio premises or location any Participant and the Participants(s) who breaks such rules and / or fails to behave appropriately and to disqualify such Participant.
9.26 In the event that as a result of the public vote in any round, there is a tie between two (or more) Participants, the Organizers in consultation with the Jury, shall be entitled to determine in its absolute discretion which Participant is eliminated and/or which Participant goes through to the next round (as appropriate) and for this purpose it shall be entitled to make such arrangements or request such further performances from the Participants as it in its absolute discretion deems necessary.
9.27 In the event of any dispute concerning the operation of any element of the Competition or these Competition Rules, the decision of the Organizers will be final.
9.28 These rules are additional to and do not supersede all Release Forms signed by the Participants(s) and in the event of any conflict between any Release Form and these Competition Rules, the Release Form will prevail
9.29 None of the Participants(s) shall, without the prior written approval of the Organizers, speak to the press or any other media nor give any interviews or comments relating to the Competition. The Participant shall not disclose any information whatsoever relating to the Organizers to any other party.
9.30 The selection and number of Judges, and the way the Competition is judged, at each stage of the Competition shall be at the Organizers sole and absolute discretion but after consultation with Organizers and the Judgesí and/or Producerís decision (including, where appropriate, the decision of the voting public) at all stages of the Competition is final. No enquiries, appeals, verbal or written, shall be entertained. The Participants(s) shall accept and abide by all decisions made by the Organizers and/or the Judges (including, where appropriate, the decision of the voting public) concerning, without limitation, the rules of the participation, these Terms and Conditions and all other rules, procedures and regulations of the Competition, each stage of the Competition and any other matters relating to the Competition including the production thereof.
9.31 The Organizers, Company, the Judges, the advertising agencies and any person or entity connected with the production (including the format owners and the broadcasters of the Competitions), administration or judging of the auditions, the Competition or the Competition (the ìRelevant Partiesî) shall be under no liability whatsoever to the Participants(s) or the Contributors, in respect of any loss, damage suffered by the Participants(s) or Participants or Contributors arising from or pursuant to the Competition or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participants or Contributors at any stage of the Competition and during production thereof whether or not caused by (1) the administration (including scheduling) of the Competition including any failure of transportation or inability for any reason to appear before the judging panels; (2) the Participantís or any third partyís participation in the auditioning process, or being selected or disqualified; (3) as a result of the decisions of the Judges, Organizers or public voting; (4) as a result of any comment, remark, judgement, view, criticism, critique, opinion and/or observation made and/or passed by any of the Judges and/or Producers; and/or (5) any printing, typographical or technological errors in any materials associated with the Competition. Notwithstanding the generality of the foregoing, the Relevant Parties expressly exclude liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to other equipment or property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to the Competition. In no event will the measure of damages include, nor will the Relevant Parties be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participants; or circumstances beyond the Relevant Parties including the Organizers reasonable control.
9.32 These Terms and Conditions and the Competition shall be governed by and construed in accordance with the laws of India and the Participant(s) submit irrevocably to the jurisdiction of the Courts in Mumbai.
9.33 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.
10. Expenses of participation & logistics
10.1 All cost including but not limited to travel and accommodation cost for attending the Auditions at the venues as informed by Organizers shall be borne solely by the Participants and the Organizers or its sub-contractors shall not be liable for the same.
10.2 The arrangements for travel and stay of the Participant(s) selected for the Final Round Participant(s) in the Gala Round shall be arranged by the Organizers. 10.3 Organizers shall also arrange for the travel and lodging of Participants being one Parent or Guardian of the selected Participant(s) in the Gala Round accompanying such Participant(s). Participants(s) shall not object to the arrangements so made by the Organizers and shall ensure that during the shooting of the Competition from the Gala round the Participants stay with them in the same accommodation.
10.3 The Organizers or any of the affiliates connected with the Competition shall not be liable for any cancellations and/or delays in the train/ flights/ cars arranged for the Participant(s) due to any reason including but not limited to force majeure, logistical problems at the airports/ railway stations/ roads etc and the Participants(s) shall not have any claim against the Organizers and/or any of its affiliates connected with the Competition for the same. The Organizers or any of the affiliates connected with the Competition shall not be responsible for any such eventuality and the Participant(s) undertakes not to claim any compensation from the Organizers for the same.
The ultimate winner of the Competition shall stand a chance to perform in the event to be organised by the Organizers
12. Other terms
12.1 The procedures for registration and participation in the Competition are subject to the Terms and Conditions stated herein. Non-conformance by any Participants(s) to the rules of the Competition will disqualify the Participant from participation or winnings, immediately.
12.2 All registrations shall be subject to completion of the procedures defined in the Terms
12.3 Registration to the Competition does not guarantee the selection of the Participant(s) to proceed with the Competition. Registration also does not entitle any Participant(s) to a prize or award.
12.4 Taking part in the registration process shall be deemed to be acceptance by the Participants(s) to receive promotional messages from the Organizers or any third party so authorized by the Organizers.
12.5 If the operation of the Competition (including without limitation the operation of the related telephone systems, call centre operations, and software systems); the recording; broadcast of any/any/all the Competition is prevented by an event of force majeure, the Company may cancel all or any part of the Competition, or take such other decision as it deems fit.
12.6 Notwithstanding a Participant's participation in the Competition, there is no obligation on the part of the Organizers to broadcast any Competition in which he/she has taken part, or any or all his / her contribution as recorded by the Organizers.
12.7 The Organizers reserves the right to re-schedule the date(s) of registration, call-backs, Auditions, recording at the Studio of the Competition and broadcast, at its discretion.
12.8 In case the winner Participant(s) and/or the Participant is found to be in violation of all rules/process of the Competition, the Organizers reserve the right to initiate legal proceedings against Participant(s) including but not limited to having the concerned winner to refund the prize money won on the Competition together with penalty interest as deemed fit by the Organizers.
12.9 The Organizers reserve the right to change the structure of the Competition as it sees fit including without limitation by adding / reducing / altering Auditions/rounds to the Competition.
12.10 The Organizers reserves the right to amend (add, delete or modify) the Terms and Conditions governing the Competition and/or the Participant selection process prospectively or retrospectively, at its discretion and without prior notice, to improve the Competition or remedy any issues that occur.
12.11 The Organizers has the right at any time to terminate the Competition without any prior intimation or notice to the public and the Organizers is not obligated in any manner whatsoever to compensate any person or persons including the Participants(s) who have participated in the Competition and/or accommodate any person or persons who have been selected in the Competition for the Competition.
12.12 Use of mobile phones will not be permitted during the shoot, and during the Auditions. It may lead to disqualification.
12.13 Registration does not guarantee the selection or participation of the Participant(s) and such selection shall be as per the sole discretion of the Organizers or its affiliates.
12.14 The Organizers of the Competition is empowered to take a decision on any case not covered by the present Terms and Conditions.
12.15 In the event of any fault, misunderstanding or dispute concerning any part of the Competition, and/or the operation of the telephone system, Auditions, Call-backs, the selection of Participant(s) at any stage, or the validity of any question or answer options, the decision of the Organizers shall be final and binding on all Participant(s).
12.16 You shall notify the Organizers immediately if there are any criminal charges brought against you or if any information you provide in your application becomes inaccurate between now and the date of first transmission of the Competition
12.17 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.
12.18 If Participant(s) are unclear as to the Terms and Conditions of participation, he/she will have to send an email to email@example.com. The Organizers shall make reasonable endeavours to respond thereto. The above shall not, however, be a ground for extension of time / deadlines as specified herein.
12.19 All decisions made by ENIL in this matter will be final and binding and no correspondence will be entertained on the same.
13.1 The Organizers and/or the Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental trauma caused to any Participants(s) / Participant(s) in any manner whatsoever, in relation to the Competition.
13.2 The Organizers will not be responsible for any loss / theft of belongings of the Participant(s) on the sets of the Competition/Studio, before/during/after the shoot of the Episodes/Competition, or at the time of the Audition.
13.3 The Organizers or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant(s) arising because of participation of the Participant(s) in the Audition or the Competition, if selected
13.4 Organizers and its sub-contractors cannot and shall not be held accountable/liable for any disruptions / stoppages / interruptions or cancellation of the Audition or Competition because any factors beyond their control.
13.5 The Participant(s) hereby agree to indemnify the Organizers or its affiliates against any claims that might arise from their actions or omissions or representations or informationís provided by them about themselves and about the Participant(s) at any time.
13.6 The Participant(s) agrees that he/she shall hold harmless the Organizers and the Company, its employees, officers, sub-contractors or any other person in connection with the prize won by him/her or his or her child being the Participant and/or in relation to the Competition including but not limited to the procedure in the Competition and shall also not 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 against sponsor and/or the Company/Organizers to claim any damages or reliefs.
13.7 Organizers and its sub - contractors shall not be held responsible or accountable to any of the Participant(s), for any loss, injury or any other liability which may arise, enrooted while coming to the venue of Audition or while attending the Studio / Competition / Shoot or while participating in the Competition and for which the Participant(s) will be required to sign an indemnity in favour of the Organizers.
13.8 The Company and each of its related companies, their respective parent company (if applicable) and affiliates and each of their respective officers, directors, employees, shareholders, agents, Producers, Judges, the host, the advertising agencies, the sub-contractors used by Company for the Competition, and any person or entity connected with the production (including the format owners and the broadcasters of the Competition), administration or judging of the auditions, the Competition or the Competition (the ìRelevant Partiesî) shall be under no liability whatsoever to the Participant(s) in respect of any loss, damage suffered by the Participant(s) or the Participant(s) arising from or pursuant to the Competition or for any and all loss, damage, cost, expense or injury to life or property sustained by the 13.9 Participant(s) or Participant(s) at any stage of the Competition and during production thereof whether or not caused by (1) the administration (including scheduling) of the Competition including any failure of transportation or inability for any reason to appear for the Audition/before the Judges; (2) the Participantís or any third partyís participation in the Audition, or being selected or disqualified; (3) as a result of the decisions of the Judges or Organizers; (4) as a result of any comment, remark, judgment, view, criticism, critique, opinion and/or observation made and/or passed by the Host / Judges and/or Organizers; and/or (5) any printing, typographical or technological errors in any materials associated with the Competition. Notwithstanding the generality of the foregoing, the Relevant Parties expressly exclude 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 the Competition. In no event will the measure of damages include, nor will the Relevant Parties be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant(s) or Participant(s); or circumstances beyond the Relevant Parties including the Organizers reasonable control.
13.9 In addition, all Participants agree that the Relevant Parties shall not be liable for any direct, indirect, incidental, special, exemplary or consequential damages arising out of any use of the content or application or other information submitted by Participants.
13.10 The Participant waives his/her/their right to file in person and/or through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Company and/or any parties related to the Competition to claim any damages or any reliefs or otherwise.
13.11 No waiver by the Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13.12 The Participant(s) warrant that prior to playing the Competition, it shall be deemed that You have read, understood and have agreed to be bound by the Terms and Conditions herein and your Participation in this Competition will be construed as an acknowledgement and acceptance of the Terms and Conditions set out herein.
13.13 Any of the T&Cs contained herein, if held to be illegal or unenforceable by any court of competent jurisdiction, the same shall be deemed severed from these T&Cs and shall not affect the enforceability of any other provision herein.
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