Pechaan Kaun Contest

Important:

Please read these Terms & Conditions before entering the 'Pechaan Kaun contest' ('Contest') to be hosted by Tata Play Limited (formerly known as “Tata Sky Limited”) ('Company') for subscribers who have an active account status in relation to the Company's Direct-to-Home (DTH) services and who also have subscription to Classic Cinema Channel ('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
The following persons/ Contestant(s)shall not be entitled to participate in this Contest:
1. Employees of the Company, their family members/associate/group companies;
2. Partnering organisations for Classic Cinema, its employees and their family members/associate/group companies;
3. Residents of the State of Telangana and Tamil Nadu;
4. Any persons with criminal convictions or persons who are ineligible to participate in the Contest.
5. Company's advertising and promotional agencies, its auditors, executing agencies, business partners and their associates companies;
6. Minors;
7. any person who is bound by any contract or agreement that would not permit them from participating in the Contest.
The Contest will be held from 12:00 hours (IST) of 31st July 2022 to 12:00 hours (IST) of 31st August 2022 or till such date as Company may decide at its sole discretion ('Contest Period').
The Contest is an entertainment and engagement activity being held by the Company where the Eligible Subscriber(s) each day during the Contest Period would be asked one (1) multiple choice question (‘Contest Question’), for which the Eligible Subscriber(s) who are interested in participating in the contest could send his/her answer via WhatsApp message from their Registered Mobile Number (RNM) to 080 6199 9950 (“Contestant(s)”). Among all the Contestant(s) who have provided correct answers during the Contest Period, the Company shall select first four (4) Contestant(s) and such persons shall be declared as the winners(‘Winner(s)')of the Contest for that week. The Winner(s) of the Contest shall be given a chance to be featured on Classic Cinema Channel ("Prize"). The Winner(s) shall provide the Company, with the photograph and name of the Contestant(s) which shall be featured on screen. Four (4) Winner(s) per week will be declared by the Company during the entire duration of the Contest Period. Eligible Subscriber(s) may participate in the Contest as many times as they feel fit.
The WhatsApp message should be sent by the Contestant(s) on the same day they have participated in the Contest. WhatsApp message sent after the timeline stated in these Terms and Conditions shall not be considered and shall be null and void. All costs for sending such WhatsApp messages shall be borne by Contestant(s) and the Company shall not be responsible for such costs
The Company shall not be responsible in case of any network problems such as breakdown of machinery/equipment, 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.
All the entries should state all the required information as requested while participating in the Contest, which have been asked from the Contestant(s).
Company will have the right to share or use the Contestant(s)’ personal information or contact details for the purposes of informing / or contacting the Winner(s) or for any other purposes related to the Contest and the Contestant(s) shall not in any way hold Company responsible for the use of such information.
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 Company for the same. All decisions made by Company 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 Company 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.
By participating in the Contest, it shall be construed that the Contestant(s) and the Winner(s) have waived their right to raise any dispute with regard to the prize and/or in any manner whatsoever in connection to the Contest.
The Company may in their sole discretion not award the gratification or prize to the Winner(s) if the Winner(s) are unable to produce documentation required by Company and at any given point of the time or the Winner(s) cheats or commits a fraud or is dishonest, etc.
The Contestant(s) shall abide to all the laws of India and shall indemnify and hold harmless 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 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.

General Terms and Conditions:

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.
Whenever called for, Contestant(s) will be required to complete all formalities as may be communicated by 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/ prizes provided under this Contest.
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.
Company 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 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 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, 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 shall not be held responsible for the same.
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.
The Winner(s) of the Contest agree that he/she shall make himself/herself available from time to time and co-operate with 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) agrees that the footage of any nature with regard to them resulting from the Promotional Activity shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.
By participating in the Contest, it shall be construed that the Winner has undertaken to hold harmless 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.
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 the Company to claim any damages or reliefs or otherwise.
The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of 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 the Company shall be held responsible for the same.
The Company shall not be 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
Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winner(s) in relation to the Prize.
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 the Company in its sole discretion to protect, perfect or enforce any of the rights granted or confirmed to the Company herein.
All Contestant(s) and the Winner(s) agree to abide by the Terms and Conditions including the General Terms and Conditions.
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 the Company in connection to the Contest and that the Contestant(s) agrees to all the decision(s) made by the Company and that all the decision(s) shall be final and binding upon the Contestant(s) and Winner(s).
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).
The Winner(s) acknowledge that the Company may, unilaterally, and either on its own account, or through a duly authorized third party, use Winner(s) names, likeness, biography, testimonials, photographs, etc. in advertising and publicizing the Contest.
The Winner(s) give their consent to the Company and their representatives to use the testimonials pertaining to the Contest for advertising.
The Winner(s) acknowledge and agree that the intellectual property rights in and to the Contest including any of Winner(s) testimonials, solely and exclusively vest with the Company for the worldwide and in perpetuity.
The Company reserves the right to forfeit the Prize in the event it is found by 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 shall have the right to declare another person as the Winner of the Contest and transfer the Prize to that person.
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 rules of the Contest.
In no event shall 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.
General Release. By entering the Contest, the Contestant(s) (and if you are a minor, you parents/legal guardian) indemnify the Company, 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.
Disclaimer.
1. The Company has been granted the right to display the photograph along with the Winner’s name for Pechaan Kaun contest on Classic Cinema Channel. The Company does not allow any third party to use, modify or distribute photograph/name without express written consent of the owner. Also, the contest is not for any sale or promotion of Classic Cinema but purely for subscriber entertainment and engagement.
2. 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 the Company; or (d) any printing or typographical errors in any materials associated with the Contest.
The Contestants unconditionally agrees that he/she shall not do anything which violates any of these Terms and Conditions; make any misrepresentation; 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 the Company or any third party; post information that he/ she knows to be confidential or sensitive or otherwise in breach of the law.
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.
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.
Headings used herein are for convenience only and do not affect the interpretation of this Contest Terms and Conditions.
Any disputes, differences or questions, which may arise at any time hereafter between the Company and the Contestant (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.
Subject to the arbitration clause, the terms of these Terms and Conditions shall be construed in accordance with the laws of India and Contestant(s) /Winner(s) agree that the courts ofMumbai shall have sole and exclusive jurisdiction.