Tata Sky Dance Studio | #2020GarbaExperience Contest

Tata Sky Dance Studio | #2020GarbaExperience Contest - Terms and Conditions

Important: Please read these Terms & Conditions before entering the#2020GarbaExperience Contest (“the Contest”) for Instagram, Facebook & Twitter to be conducted by Tata Sky. This Contest is being conducted by Tata Sky in collaboration with Dance with Madhuri. 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 satisfy all of the eligibility requirements set out herein below.

A.  CONTEST:

  1. Who can participate?

    The participant should be a citizen of India and above 18 years of age at the time of participating in the Contest (‘Participant’).  

    This Contest is also open to Tata Sky employees, officers and directors and their immediate family members (Parents, spouse, siblings and children) and its Dealer(s), Partner(s), Agencies, Trade Partners and their immediate family members (spouse, children, parents, siblings, regardless of where they live), Agencies and their immediate family members (spouse, children, parents, siblings, regardless of where they live). The participation will be restricted to one entry per Participant.

  2. Contest Period: Contest will be open from 16th October, 2020 to 21st October, 2020 (23:59 hrs) on Instagram, Facebook and Twitter.
  3. Steps to participate:
    There is no entry fee for participation in this Contest. Eligible Participants must follow the below steps to participate in the Contest:
    • Go to https://www.dancewithmadhuri.com/garbaexperience20.php and take one of the free Garba lessons listed;
    • Create their own version of the dance and record their performance in a video format;
    • Submit their entries by uploading/posting their dance performance video on their own social media handles on Instagram, Twitter or Facebook using #2020GarbaExperience  to be eligible to win;
    • Tag ‘Tata Sky’ (@tataskyofficial) and ‘Dance With Madhuri’ (@dancewithmadhuri) on their post, and ensure that their profile is set to public

    Participant can record their performance video through the back cameras of their phones / DSLR cams, but must maintain a reasonably high quality video.

  4. The Winners will be eligible to receive the following:

    (Collectively referred to as “Prize”)

    • Top 10 Winners will get a free subscription to Dance With Madhuri for a month;
    • Top 10 Winners will get to perform in front of the Madhuri Dixit Nene and other esteemed choreographers/judges on a Zoom call on 23rd October, 2020 on the song “Odhani”. Winners must check out the class here - https://www.dancewithmadhuri.com/garbaexperience20.php to learn the choreography.
    • Top 3 Winners shall also get “Amazon Vouchers” after completion of the contest.
      1. 1st Prize - Amazon Voucher worth Rs. 3000
      2. 2nd Prize - Amazon Voucher worth Rs. 2000
      3. 3rd Prize - Amazon Voucher worth Rs. 1000

B: OTHER CONTEST INFORMATION:

  1. During this Contest, Tata Sky will talk only about the#2020GarbaExperience. The Participants should always use the Contest hashtag “#2020GarbaExperience” for submitting the entries on all social media platforms while submitting the entries and follow Tata Sky social media pages on Facebook, Twitter and Instagram for winner announcements.
  2. The Participant (apart from employees, officers, directors, dealer(s), partner(s), agencies, trade partners and their immediate family members i.e. spouse, children, parents, siblings regardless of where they live can submit only one entry each) may participate in the Contest as many times as they feel fit for the same.
  3. The entries shared should not be obscene, vulgar, and defamatory nor shall infringe any third-party rights. Tata Sky reserves the right to delete the entries and/or reject/disqualify the application(s) if the same falls within any of the restricted categories mentioned above, at its sole discretion.
  4. Out of all the entries (which are the property of Tata Sky) to the Contest, during the Contest Period, the top 10 entries will be selected from the shortlisted entries (‘Winners’) from Instagram, Facebook and Twitter. The 10 winners will be announced on 22nd October, 2020.
  5. The Winners shall be notified through comment/DM on Facebook, Twitter and Instagram. To claim the Prize, Winners should follow the instructions as communicated to them by Tata Sky.
  6. Winners’ selection shall be done at the sole discretion of Tata Sky and Tata Sky’s decision regarding correct entries and/or Winner shall be final. No other correspondence will be entertained in this regard. Participants and Winners agree to waive their right to raise any dispute with regard to the Contest and Prize received, in any manner whatsoever
  7. Tata Sky will not be responsible in any manner to anybody including any of the Participants for the misuse of any entries submitted for this Contest.
  8. By virtue of Participant’s voluntary consent to participate in this Contest, the Participants authorizes Tata Sky, and Dance With Madhuri to play the submitted entry on Tata Sky’s, and/or Dance With Madhuri’s social media handles and Tata Sky Dance Studio channel.
  9. For any questions, comments or concerns about the said Contest, Participants may contact Tata Sky on their social media handles on Facebook, Twitter and Instagram.
  10. The Participants acknowledge that they will not receive any other compensation, benefits etc. by participating, getting shortlisted and or by winning this Contest, except as mentioned herein and hereby release Tata Sky and/or its agents and assigns from any and all claims which may arise out of or are in any way connected with this Contest.

C: SPECIAL TERMS AND CONDITIONS:

  1. Tata Sky and Dance With Madhuri reserves the right to, cancel, discontinue, prematurely withdraw, change, alter or modify this Contest and/or the Prize or any part thereof, the Terms & Conditions at their sole discretion at any time during its validity as may be required in view of business exigencies and/or changes by regulatory authority and/or statutory changes and the same shall be binding on the participant.
  2. The Participant shall read these Terms & Conditions carefully while participating in the Contest. Further, it will be assumed that the Participant has read and understood and agreed to abide by all the Terms & Conditions of this Contest.
  3. Non-conformance by any Participant(s) and/or the Winner(s), of the rules of the Contest will disqualify them from participation or winning, immediately, as the case may be.
  4. Tata Sky and Dance With Madhuri reserve the right to modify these Terms & Conditions without any prior notice. An updated version of the same shall be made available on the Tata Sky Terms and Conditions page on the website.
  5. Tata Sky and Tata Sky’s licensor(s) and any of its parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (“Licensor”) shall not be responsible for any problems that the Participant may face while utilizing the prize given by Tata Sky and any disputes/complaints/grievances should be taken up with and settled with the respective merchant directly.
  6. Tata Sky and/or Licensor neither warrants nor makes any representations regarding the quality, accuracy or merchantability of any product or service given. In no event shall Tata Sky and/or Licensor be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services/products of the merchant; (b) unauthorized access to or alteration of the transmissions or data;(c) any other matter relating to the services/products offered by the merchant; 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 merchant website or services availed therefrom. The Participants shall also be governed by the terms & conditions of the merchant as may be available on their website.
  7. Participation in the said Contest is purely voluntary and at the sole discretion of the person / individual participating in the Contest. Participant agrees that he / she has read /understood and is bound by the terms and conditions set out herein. Tata Sky and/or Dance With Madhuri will not be responsible for any payout or revenue payment towards the content submitted under the said Contest.
  8. By participating in the Contest, it shall be construed that the Participants, the Winners 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. If the Winner refuses to accept the Prize offered, Tata Sky and Dance With Madhuri shall not be responsible for the same, and Tata Sky and Dance With Madhuri shall be released from any and all obligations towards the Winner in connection to the Prize won by the Winner. In such an event, Tata Sky shall have the right to select another Participant, as the Winner of the Contest and provide the Prize to that person.
  9. The entries submitted by any individual/ Participant under this Contest or otherwise shall be treated as his / her own independent personal views and submissions. Tata Sky and/or its affiliates and/or Licensor do not acknowledge or agree with any such content expressed in submitted entries and further shall not be held liable for any defamatory, abusive language used and loss occurring to any third party.
  10. Participant shall indemnify Dance With Madhuri, Tata Sky and its group companies/ officials/ directors/ sister concern / parent Company or its affiliate/its Licensors and their respective affiliates from any loss that may occur to Tata Sky and/or Licensor 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.
  11. Tata Sky reserves the right to remove, refuse or cancel any posted entry/ answer or any access to any Participant without any reason whatsoever.
  12. The Participant shall not use the Trade Mark- Tata Sky/ Logo/ Brand Name/ or other Intellectual Property Rights belonging to Tata Sky or its Group Company/ affiliates and/or Licensor and /or concerned third parties etc. and the same shall always remain the property of Tata Sky and/or Licensor.
  13. General Release. By entering the Contest, you (and, if you are a minor, your parents or legal guardian) agree to indemnify Tata Sky, 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.
  14. Tata Sky Ownership of Entries.
     All entries and materials submitted to Tata Sky in connection with the Contest (collectively, "Entry Materials"), along with all copyright, trademark and other proprietary rights associated therewith, become the property of Tata Sky upon submission, and Entry Materials shall not be returned to any entrant. Without limiting the generality of the foregoing, you acknowledge that Tata Sky shall own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit the Entry Materials in perpetuity and throughout the universe, in any manner or medium now existing, without separate compensation to you or any other person or entity. You agree to take, at Tata Sky's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Tata Sky to effect, perfect or confirm Tata Sky's ownership rights as set forth above in this Paragraph.
  15. Disclaimer. Tata Sky, Dance With Madhuri, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies and/or Licensor 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 Tata Sky; (d) any printing or typographical errors in any materials associated with the Contest; or (e) in the event the response to a Contest Question infringes the intellectual property, privacy, or publicity rights or any other legal or moral rights of any third party, or violates applicable laws and regulations of India, or is discriminatory (including without limitation racial, gender or religious slurs) and/or constituting hatred statements; or is designed to incite violence or hatred, or threats to cause bodily harm, or comprises of illegal or unlawful content, or content that is known to be false or misleading. You acknowledge and agree that the Contest is not sponsored, endorsed or administered by Twitter or Facebook and you shall not make any claims or demands or suits against Twitter or Facebook for any reason with respect to the Contest.

D: GENERAL TERMS & CONDITIONS

  1. Tata Sky is not liable for the damages/ loss that the User/ Participant may suffer to his/ her Device or Instrument or Cell Phone or otherwise any loss/ damages arising out of his/ her participation in this Contest or loss of content of Contest of any Participants.
  2. The Prize is non-transferable, not for resale and not redeemable for cash. Tata Sky 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 Dance With Madhuri or Tata Sky for the same. All decisions made by Tata Sky and/or Dance With Madhuri 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 Tata Sky and Dance With Madhuri 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.
  3. Participant hereby authorizes Tata Sky and Dance With Madhuri to communicate with him / her from time to time through telecommunication, email etc. about the matters connected with the Contest.
  4. Participant unconditionally agrees that he/she shall not: a. do anything which violates any of the Terms & Conditions; b. make any misrepresentation; c. do anything that does not comply with generally accepted internet etiquette including (without limitation) use of inflammatory or antagonistic criticism ("flaming"), or wastefully and unnecessarily including previous communications in any postings; d. perform system abuse; e. propagate, distribute or transmit Destructive Code, whether or not damage is actually caused thereby; f. Post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material; g. Intentionally make false or misleading statements; h. Post material that infringes copyright/ Trade Mark / IPR; i. Post information that he/ she knows to be confidential or sensitive or otherwise in breach of the law.
  5. Participants agree to make themselves available for publicity purposes if requested by Tata Sky Sky as and when required and co-operate with Dance With Madhuri and/or Tata Sky 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 Tata Sky and Dance With Madhuri, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.
  6. Participants agree to the use of their entry photo/ pictures/videos for such publicity by Tata Sky on various digital media such as Facebook, Twitter, Instagram, email etc. without any extra / additional compensation. Participant shall also provide proof of identity and age e.g. copy of Aadhar Card, Passport, or other documents if required by Tata Sky. Tata Sky and/or Dance With Madhuri may in their sole discretion not award the Prize to the winner(s) if the winner(s) are unable to produce documentation required by Tata Sky and/or Dance With Madhuri at any given point of the time or the winner(s) cheats or commits a fraud or is dishonest etc.
  7. Whenever called for, Participant will be required to complete all formalities as may be communicated by Tata Sky 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 Participant shall be liable to return all benefits/ Prizes provided under this Contest. Winner shall unequivocally and completely comply with the following requirement simultaneously for claiming the Prize- Provide proof of identity and age e.g. copy of Aadhar Card, Passport, or other documents as required by Tata Sky.
  8. By participating in this Contest, the Participants agree to completely release Facebook, Twitter and Instagram of any liabilities, acknowledge that the Contest is no way sponsored, endorsed or administered by, or associated with Facebook, Twitter & Instagram and acknowledge that they are providing information to Tata Sky & Dance With Madhuri,  and not to Facebook, Twitter and Instagram.
  9. Tata Sky reserves the right to restrict / bar any person from participating in the Contest without quoting any reasons for the same.
  10. The Contest can be discontinued or modified at any time at the sole discretion of Tata Sky without stating any reasons and no claim in this regard shall be entertained.
  11. Participants found indulging in any malpractices such as cheating or creating dubious profiles, multiple entries, participation in the contest for more than one time etc., shall be disqualified from the Contest at any time and shall not be eligible for any Prize and Tata Sky reserves the right to take any further action including initiating legal proceedings as it may deem necessary.
  12. All the  entries submitted entered by Participant becomes Tata Sky property and can be used by Tata Sky as, where & when they deem appropriate.
  13. This Contest is not applicable in a country outside India or any state of India if it is prohibited by law in such state.
  14. Tata Sky will not be responsible for any loss or damage caused to the Participants if the Contest is cancelled and/or withdrawn by Tata Sky or if the Participants is not able to participate or the Winner is unable to avail the benefits of the Prize due to a Force Majeure Event including without limitation for reasons beyond the reasonable control of Tata Sky such as war, natural calamities, epidemics, pandemics, floods, failure of telecommunication network, etc. The Participants agree that if due to any reason, whatsoever, beyond the control of Dance With Madhuri and/or Tata Sky, 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 Dance With Madhuri  nor Tata Sky shall be held responsible for the same.
  15. Further, participation of the Participants(s) in the Contest shall be construed that the Participant(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 Dance With Madhuri and/or Tata Sky to claim any damages or reliefs or otherwise.
  16. The Winners shall be asked for their valid and reachable mobile number or valid and working email id, Tata Sky shall not be liable in any manner whatsoever for any Participant who cannot be contacted on the mobile number or if his / her email id is incorrect.
  17. The Winners, if required by Tata Sky, shall execute/submit all such documentation as required, and Tata Sky shall have the right to distribute, publish, sell, in all and all locations, in any medium, form or format, in any number, the picture, image or likeness and the reproductions of the Winner, and any biographical information furnished by the Winner to Tata Sky.
  18. The database of mobile numbers/email IDs can be used by Tata Sky in future for any lawful purpose as deemed fit by Tata Sky and Participants unequivocally agrees and consent for the same.
  19. Prizes under this Contest will be subject to Indian laws, including tax regulation, as and when applicable. All applicable taxes, gift tax, levies, charges or any tax applicable on the Prize under this Contest and TDS, if applicable on any prize, will have to be exclusively borne by the Winner.
  20. Headings used herein are for convenience only and do not affect the interpretation of this Offer.
  21. Any disputes, differences or questions, which may arise at any time hereafter between Tata Sky and the Participant (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.
  22.  Subject to the arbitration clause, these terms and conditions shall be construed and governed by the laws of India and the Parties agree to submit to the sole and exclusive jurisdiction of the courts of Mumbai.