Bhuj The Pride Of India Contest

Important:
Please read these Terms & Conditions before entering the ‘BHUJ THE PRIDE Of INDIA contest' ('Contest') to be hosted by Tata Sky Limited ('Company') and conducted by Hungama Digital Media Entertainment Private Limited ('Hungama') for Company's subscribers who have an active account status in relation to the Company's Direct-to-Home (DTH) services ('Eligible Subscriber(s)'). Participation in the Contest is purely voluntary and at the sole discretion of the person/individual participating in the Contest. By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you will satisfy all of the eligibility requirements set out herein below.

Contest Information

  1. The following persons/Contestant(s) shall not be entitled to participate in this Contest:
    1. Employees of Hungama;
    2. Employees and relatives of the Company;
    3. Company, their family members/associate/group companies;
    4. Residents of the State of Telangana;
    5. Any persons with criminal convictions or persons who are ineligible to participate in the Contest.
    6. Company's advertising and promotional agencies, its auditors, executing agencies, business partners and their associates companies;
    7. Minors;
    8. any person who is bound by any contract or agreement that would not permit them from participating in the Contest.
    9. Eligible Subscribers who have not already subscribed to the Tata Sky Smart Games.
  2. The Contest will be held from 10:00 hours (IST) of 13th August 2021 to 10:00 hours (IST) of 17th August 2021 ('Contest Period').
  3. The Contest is being held in connection to the Company's platform services Tata Sky Smart Games ('Tata Sky Smart Games').
  4. The Eligible Subscriber(s) who are desirous of participating in the Contest must subscribe to Tata Sky Smart Games by giving a missed call on 9230292302 with their Registered Mobile Number ('RMN') for entering the Contest. A subscription charge of Rs. 2/- per day will be charged/deducted from their Tata Sky account for subscription to Tata Sky Smart Games. For the purpose of clarity, there will be no separate charges for the Contest.
  5. Once the Eligible Subscriber(s) is successfully subscribed to Tata Sky Smart Games as per point 3 above, Eligible Subscriber(s) will gain access to a separate contest portal that will be created and linked to Tata Sky Smart Games, wherein4 (four) multiple choice questions, based on the Bhuj The Pride Of India Movie (‘Film’), would be given to the Eligible Subscriber(s) each day during the Contest Period (‘Contest Question’), which the Eligible Subscriber(s) will need to answer correctly by selecting and submitting the correct options on the screen itself. . On answering all the questions correctly, a code will be generated on the screen which Eligible Subscriber(s) should then send via SMS through short code 56633 from their Registered Mobile Number to qualify for the random selection to win the Prize (‘Contestant’).
  6. A merchandize selected by Hungama and Tata Sky Limited ('Company') as a prize will be provided by Hungama to each Winner on a best effort and “as is” basis (‘Prize’).
  7. At the end of the Contest Period 1 (one) winner per day who have given correct answers and have also successfully sent the code via SMS through short code during the Contest Period will be chosen through a random selection by Hungama and Tata Sky Limited(‘Winners’). Eligible Subscriber(s) may participate in the Contest as many times as they feel fit.

Special Terms and Conditions

  1. The SMS should be sent by the Contestant(s) on the same day they have participated in the Contest. SMS sent after the timeline stated in these terms and conditions shall not be considered and shall be null and void.
  2. The cost of the SMS shall be solely borne by the Contestant(s). The cost of each SMS shall be charged as per the applicable respective mobile operators of the Contestant(s) and are subject to change as per each individual operator's prerogative and neither the Company nor Hungama will be responsible for the same.
  3. Whenever called for, Contestant(s) will be required to complete all formalities as may be communicated by Hungama, Company and/or its affiliate including but not limited to providing his/her authentic and correct information or other required documents, failing which he/she shall be disqualified at any time or at any stage. In case false information is revealed at any time after participation, the Contestant(s) shall be liable to return all benefits/ Prize provided under this Contest. Winner(s) shall unequivocally and completely comply with the following requirement simultaneously for claiming the Prize-
  4. Provide proof of identity and age e.g. copy of Aadhar Card, Passport, or other documents as required by Company and Hungama to deliver the Prize
  5. The Contestant(s) should be permanent citizens of India, residing in India and above 5 (five)years of age to qualify for the Contest. The Contestant(s) should not have criminal conviction. Contestants below 18 years of age will be deemed to be participating with their parents/legal guardians’ consent who shall be deemed to have agreed to these Terms & Conditions. The parent/legal guardian agrees to execute such releases/documents as required by Company and/or Hungama for participation of the minor Contestant(s).
  6. Neither the Company nor Hungama shall be responsible in case of any network problems such as breakdown of machinery, unclear network, disruption in the network. Any dispute in connection to the same shall be settled between the Contestant(s) and the mobile operator without involving the Company and/or Hungama.
  7. All the entries should state all the required information as requested while participating in the Contest, which have been asked from the Contestant(s).
  8. Company will have the right to share the Contestant's contact details with Hungama for the purposes of informing / or contacting the Winner(s) or for any other purposes related to the Contest and the Contestant shall not in any way hold Company and Hungama responsible for the use of such information by Hungama. Winner(s) selection shall be done at the sole discretion of Hungama and Hungama's decision regarding correct entries and/or Winner(s) shall be final. No correspondence will be entertained by Company and Hungama in this regard.
  9. Hungama will communicate and coordinate with the Winner(s) to send across the Prize. Contestant hereby authorizes Hungama to communicate with him/her from time to time through telecommunication, SMS, email etc. about the matters connected with the Contest. Hungama will send the Prize on the addresses provided by the Winners within Sixty (60) days from the date of announcing Winners. Hungama and the Company makes no warranty or representation, either express or implied, with regard to the type, quality or fitness or merchantability of the Prize provided under the Contest. The Prize images used in the Contest advertisements / promotional materials are only illustrative in nature and the actual Prize may differ from the illustrative image.
  10. The Prize is non-transferable, not for resale and not redeemable for cash. Company reserves the right to change the Prize / benefits of the Contest at any time without any prior notice and the Winner(s) shall not be entitled to claim any damages or any kind of monies from Hungama or Company for the same. All decisions made by Company and/or Hungama in connection to the aforesaid Contest shall be final and binding on the Winner(s). Winner(s) acknowledge that they will not receive any compensation; benefits etc., except as mentioned herein and hereby release the Company and Hungama and its agents and assigns from any and all claims which may arise out of or are in any way connected with the Prize/Contest.
  11. The Contestant(s) understand and agree that the Company will only be hosting the Contest and the actual conducting of the Contest and the event thereafter shall be the sole responsibility of Hungama and the Contestant(s) shall not in any manner hold Company responsible for any issues, losses, damages that the Contestant(s) may suffer due their participation in the Contest.
  12. By participating in the Contest, it shall be construed that the Contestant(s) and the Winner(s) of the Prize have waived their right to raise any dispute with regard to the Prize and/or in any manner whatsoever in connection to the Prize and Contest.
  13. The Company and/or Hungama may in their sole discretion not award the Prize to the Winner(s) if the Winner(s) are unable to produce documentation required by Company and/or Hungama at any given point of the time or the Winner(s) cheats or commits a fraud or is dishonest etc.

General Terms and Conditions:

  1. Any promotional material used by Company will be owned by the Company.
  2. The Contestant(s) shall abide to all the laws of India and shall indemnify and hold harmless Hungama and the Company and its group companies/ officials/ directors/ sister concern / parent Company or its affiliate from any loss that may occur to the Company or Hungama or any liability/ damages/ cost / cost of litigation/ cost of attorney / third party liabilities / claims resulting due to non-adherence to these terms and conditions or due to submission of abusive, defamatory content submitted for the Contest.
  3. Neither the Contestant(s) nor the Winner(s) should have any civil or criminal conviction and should not be bound by any contract or agreement that would not permit the Contestant(s) from participating in the Contest.
  4. In addition to the terms and conditions stated here, the Eligible Subscribers shall be bound by the relevant terms and conditions including those stipulated in the Hardware Warranty Terms And Conditions, Specific Terms and Conditions of Tata Sky Subscription Contract, Tata Sky Mobile Terms & Conditions, Tata Sky Binge Terms and Conditions, all found on the Tata Sky website - www.tatasky.com. The documents referred above will be collectively referred herein as ‘Subscription Contract’.
  5. Company reserves all rights to make amendments to the existing rules without prior notice or withdraw the Contest without prior notice for any reason whatsoever.
  6. Company and Hungama will not be responsible for any loss or damage caused to the Contestant(s) if the Contest is cancelled and/or withdrawn or if the Contestant(s) are not able to participate or if the Winner(s) is unable to avail the Prize due to any reason whatsoever, including due to a Force Majeure Event, including without limitation, for reasons beyond the reasonable control of the Company and Hungama such as war, natural calamities, epidemics, pandemics, floods, failure of telecommunication network, etc. The Contestant(s) agree that if due to any reason, whatsoever, beyond the control of the Company and Hungama, the Prize and/or anything relating to the Prize and/or the enjoyment of the Prize and/or anything included in the Prize becomes ineffective or invalid, the Company and Hungama shall not be held responsible for the same.
  7. Non-conformance by any Contestant(s) and/or the Winner(s), of the rules of the Contest will disqualify the Contestant(s) and/or the Winner(s) from participation or winning, immediately, as the case may be.
  8. The Winner(s) shall be responsible for coordinating with Hungama in connection to the delivery of the Prize. The Contestant(s) agree that the Prize cannot be exchanged with other items and/or exchanged for cash equivalent. The Winner(s) further agrees that the Winner(s) shall not dispute the value of the Prize so offered to the Winner(s) upon the Winner(s) winning the Contest. If the Winner(s) refuses to accept the Prize offered, neither Hungama nor the Company shall be responsible for the same and Hungama and the Company, all shall be released from any and all obligations towards the Winner(s) in connection to the Prize won by the Winner(s). In such an event, the Company or Hungama shall have the right to declare another Contestant as the Winner of the Contest and transfer the Prize to that Contestant.
  9. The Winner(s) of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with Hungama and/or the Company and participate in any activity and/or campaign (Promotional Activity) of any nature whatsoever without any benefits/money payable to the Winner(s). Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) agree that the footage of any nature with regard to them resulting from the Promotional Activity shall vest with the Company and Hungama, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.
  10. By participating in the Contest, it shall be construed that the Winner has undertaken to hold harmless Hungama, the Company, its employees, officers or any other person in relation to any injury/damage/harm/loss suffered by him/her while participating in the Contest.
  11. Further, participation of the Contestant(s) in the Contest shall be construed that the Contestant(s) has waived her/his 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 against Hungama and/or the Company to claim any damages or reliefs or otherwise.
  12. The Winner(s) agree that if due to any reason, whatsoever, beyond the control of Hungama and/or the Company, the Prize and/or anything relating to the Prize and/or the enjoyment of the Prize and/or anything included in the Prize becomes ineffective or invalid, neither Hungama nor the Company shall be held responsible for the same.
  13. Neither Hungama nor the Company is in any manner whatsoever responsible and/or liable in any manner, for any physical injury, death, mental trauma caused to any of the Winner(s) and Contestant(s) or any person related to them, including but not limited to/ in relation to the Contest and/or Prize.
  14. Any and all taxes and/or levies including but not limited to gift tax, RTO charges, TDS, regulatory/statutory duties, cess, levies, insurance, transfer fees, registration fees, road tax, octroi etc. applicable under the laws of India shall be borne solely by the Winner(s) in relation to the Prize.
  15. All Contestant(s) and the Winner(s)shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Hungama and/or the Company in its sole discretion to protect, perfect or enforce any of the rights granted or confirmed to the Company and/or Hungama herein.
  16. All Contestant(s) and the Winner(s) agree to abide by the Terms and Conditions including the General Terms.
  17. Participation of the Contestant(s) in the Contest shall be construed that the Contestant(s) and the Winner(s) have waived his/her right to dispute any decision(s) made by Hungama or the Company in connection to the Contest and that the Contestant(s) agrees to all the decision(s) made by Hungama and/or the Company and that all the decision(s) shall be final and binding upon the Contestant(s) and Winner(s).
  18. If the Winner(s) are required to pay any kind of tax, duties, charges, and levies to the Government, the same shall be solely and exclusively borne by the Winner(s).
  19. The Winner(s) acknowledge that the Company may, unilaterally, and either on its own account, or through a duly authorized third party use either of your names, likeness, biography, testimonials, photographs in advertising and publicizing the Contest on Tata Sky Smart Games Platform Service.
  20. The Winner(s) give their consent to the Company and Hungama/their representatives to use the testimonials pertaining to the Contest for advertising.
  21. The Winner(s) acknowledge and agree the intellectual property rights in and to the Contest including any of your testimonials, solely and exclusively vest with the Company and Hungama for the worldwide and in perpetuity.
  22. Hungama and/or the Company reserves the right to forfeit the Prize in the event it is found by Hungama or the Company that any information provided by the Contestant(s) or the Winner(s) are wrong or any misrepresentation is made by the Contestant(s) or the Winner(s). The Company or Hungama shall have the right to declare another person as the Winner of the Contest and transfer the Prize to that person.
  23. The participation of the Contestant(s) in the Contest shall mean that the Contestant(s) has read, understood, accepted and agrees to abide with all the rules including the general terms of the Contest.
  24. The Company shall not be responsible for any problems that Contestant(s) may face in regard to the Prize and any disputes/complaints/grievances should be taken up with and settled with Hungama directly.
  25. In no event shall Hungama and/or the Company be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Prize/ gratification; (b) unauthorized access to or alteration of the transmissions or data; (c) any other matter relating to the Prize/gratification offered; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Prize or third party merchant website, goods or services availed therefrom. The Contestant(s) shall also be governed by the terms & conditions of the merchant as may be available on their website.
  26. General Release. By entering the Contest, you (and if you are a minor, you parents/legal guardian) indemnify the Company and Hungama, its licensors/participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Indemnified Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, wrong delivery, acceptance, possession, use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
  27. Disclaimer. Hungama and/or the Company and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies shall not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Hungama and/or the Company; or (d) any printing or typographical errors in any materials associated with the Contest.
  28. The Contestant(s) unconditionally agrees that he/she shall not: do anything which violates any of these Terms and Conditions; make any misrepresentation or malpractices; do anything that does not comply with generally accepted internet etiquette including (without limitation); post material that infringes copyright/ trade mark / intellectual property rights of Hungama and/or the Company or any third party; post information that he/ she knows to be confidential or sensitive or otherwise in breach of the law.
  29. All capitalized terms used but otherwise not defined herein shall have the same meaning as ascribed to them in the Subscription Contract entered between Eligible Subscriber(s) and the Company.
  30. In the event of any inconsistency between the Subscription Contract and these terms and conditions, in so far as this Contest is concerned the later shall prevail.
  31. Headings used herein are for convenience only and do not affect the interpretation of this Contest Terms and Conditions.
  32. Any disputes, differences or questions, which may arise at any time hereafter between the Company/Hungama and the Contestant(s) (individually referred to as ‘Party’, and collectively as ‘Parties’), touching the true construction of this terms and condition or performance of the obligations or enforcing any rights and/or liabilities of the Parties hereunder, shall be first amicably resolved between the Parties within 30 (thirty) days from the date on which such dispute was raised by a Party and communicated to the other Party in writing failing which the dispute shall be referred to a sole arbitrator of the Indian Council of Arbitration (ICA). The arbitration shall be conducted in accordance with the Rules of Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Mumbai and the Courts at Mumbai alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration proceedings shall be conducted in English language. The award passed by the arbitrators shall be final and binding upon the Parties.
  33. Subject to the arbitration clause, these terms and conditions shall be construed and governed by the laws of India. Contestant(s)/Winner(s) agree to submit to the sole and exclusive jurisdiction of the courts of Mumbai.