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Terms and Conditions for “ Superstar after retirement contest”
The following terms and conditions (“Terms and Conditions ”/ “Terms and Conditions”) shall be applicable to the Superstar after retirement contest (“Activity”) being conducted by Bajaj Allianz Life Insurance Company Limited (“BALIC”) also referred as “Organizers” The said Activity which shall function in a manner as specified and be subject to these Terms and Conditions at all times.
The Terms and Conditions shall be in two parts (a) Basic Terms and Conditions and (b) Specific Terms and Conditions for the Activity.
BASIC TERMS AND CONDITIONS:
Following are the terms that shall be applicable to the Activity: :
1. The Activity is open only to any person who: :
(i) is above forty-five (45) but not above sixty five (65) years of age as on November, 2021;
(ii) is a citizen of India and residing in India;
(iii) is of sound mind and health;
(iv) does not have any criminal conviction;
(v) does not have any disability by way of any existing arrangement or contractual obligation which prevents the person from participating in the Activity or performing in any event such as singing, music composition or any other event of similar nature organized by BALIC;
(vi) enters the Activity in accordance with the Terms and Conditions as stated in this document. All persons fulfilling conditions above mentioned in section 1 shall be hereinafter referred to as “Participants”.
3. Activity shall be open for participation as per the timelines specified in the Terms and Conditions for Activity.
5. The Activity terms and conditions shall be mentioned on the Company's website. The Participants agree that by participating in the Activity, the Participants shall be bound by these Terms and Conditions.
6. The Participants shall be required to provide basic personal information about them including but not limited to the Participant’s name, address, telephone number or mobile number and email address to register and participate in the Activity.
7. The specific requirements for the Activity shall be outlined in the Terms and Conditions of the Activity as specified herein.
8. For the Activity, each Participant must submit their complete entry to qualify as an entrant in the Activity (“Entries”) through Specific Mode of Participation specified in Specific Terms and Conditions stated at end of this Terms and Conditions.
9. The Participant(s) hereby acknowledges that he/she has voluntarily chosen to participate in the Activity at his / her free-will and is willing to bear all risk, costs & consequences arising from such participation in the Activity. It is a condition of entry and participation in the Activity 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 Participant’s manager in respect of his/her performing abilities or the products thereof or in respect of his/her name, likeness, image or biography which might be in breach of the Terms and Conditions or otherwise prevent the Participant(s) from participating in the Activity, Music Video or the broadcast, promotion, exploitation or sponsorship thereof.
10. Participants entering the Activity may submit only one Entry. The Entry is not transferable.
11. The manner, day and the basis of choosing the Winners (defined below) shall be specified in the Specific Terms and Conditions of the Activity. The announcement about the Winners and the Prize(s) (defined below) shall be as per the Terms and Conditions of the Activity.
12. Method and time of prize distribution: Organizers shall inform the Winners via email or the phone number provided by the Participants at the time of entering the Activity (as applicable). Organizers may require Winners to provide valid photo identity documents including but not limited to passport. Organizer may or may not announce the Winners via the Website. In the event that the Winner cannot be contacted through above modes after reasonable efforts as specified in point 15 and 16 below, Organizers reserves the right to select another Winner.
13. Participants should ensure the accuracy of the information provided by them at the time of entering the Activity.
14. Organizers shall make a maximum of 2 (two) attempts with each attempt being within 1 (one) hour of each other, to contact the Winner via the email id, phone number provided by the Participants (as applicable). Organizers shall not be held liable, despite Organizers’ best efforts, in the event the provided mobile numbers/email Id is unreachable/not replied due to the reasons including but not limited to: 1) Email ID or phone number provided by the Participant is incorrect/ not reachable/out of service area/switched off; 2) Email ID belongs to a person other than the Participant; 3) Mobile number answered but individual answering refuses to acknowledge Organizers, the Activity and/or any relation thereto; or 4) Any other reason the Email ID or any other contact details provided by which Participant cannot be contacted.
15. In order to confirm the eligibility of the Participant(s), the Participant(s) mandatorily require submitting scanned copies of the following documents as and when asked for by Organizers. 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 Activity. Documents provided should be clear, readable scanned copies and any failure to provide the same can lead to disqualification. Organizers reserves the right to disqualify any Participant(s) from the Activity, in its sole discretion, if Organizers is not satisfied with the documents submitted by the Participant or the Participant(s) at any stage is unable to supply any of the documents required by Organizers or supplies unclear, inaccurate, incomplete or misleading personal details and/or information. Successful verification of the documents is mandatory for the Participants to progress further to the Activity or to win the contest. Organizers reserves the right to ask the Participant to re-submit any of the above-mentioned document proof at any stage of the Activity.
16. Participants agree that no clarifications on the questions and the answers used in the Activity shall be entertained by Organizers.
17. It is a condition of entry and participation in the Activity that Participant(s), make themselves available to participate in the Music Video, agree and sign up or acknowledge the Release Form and any other documents as requested by BALIC and abide by Terms and Conditions of such Release Form and the Terms and Conditions as devised from time to time by Organizers including but not by way of limitation of these Terms and Conditions.
18. By participating in the Activity, each Participant agrees to follow these Terms and Conditions and is deemed bound by any decisions made by Organizers in its sole discretion, including any interpretations of the Terms and Conditions.
19. Organizers, including their divisions, affiliates and subsidiaries, and their respective agents and representatives, employees shall not be responsible for any loss of Entries for any reason whatsoever including, due to any technical problems for Entries received after the deadline because of computer service delays, interruptions, electronic failures or overloads, or for lost, misdirected or misplaced Entries. The Entries are void if unreadable, inaccurate, incomplete, damaged, tampered with, falsified, mechanically reproduced, not in prescribed format, irregular in any way or otherwise not in compliance with these Terms and Conditions.
20. Organizers reserves its right to select and declare or not to declare the Winner in the event no Participant has submitted correct answers. Decision of Organizers in this regard is final and no correspondence in this regard will be entertained.
21. Mere participation/submitting Entries in the Activity does not entitle the Participants to win the Prize(s).
22. The Prize(s) will be awarded to the Winner pursuant to verification and in accordance with these Terms and Conditions.
23. Organizers may refuse to give the Prize(s) to Participant(s) in the event of his/her fraud, dishonesty or non-entitlement to participate in the Activity under these Terms and Conditions.
24. The Prize(s) are not transferable, assignable or exchangeable for cash equivalent. Only the prize Winner and no other person or agent, may claim the Prize(s).
25. In case the Winner(s) is / are found to be in violation of any and all rules of the Activity, Organizers reserve the right to initiate legal proceedings against such person(s) including but not limited to having the concerned Winner being disqualified.
26. Organizers has the right to substitute the Prize(s) with other prizes of equal value, as determined by Organizers in its sole discretion.
27. Organizers reserves the right to disqualify any Participant if it has reasonable grounds to believe that the Participant has breached any of these Terms and Conditions.
28. Organizers is not responsible for any errors or omissions in the terms and conditions contained herein. All information provided in the Activity is provided "as is" without warranty of any kind. Organizers makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Participant and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability or fitness for any particular purpose.
29. Organizers do not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the Participants or furnish any reason or explanation for inclusion and, or, exclusion of any particular submission of the Entry of a Participant at any stage of the Activity
30. By entering into the Activity, the Winner/Participants waive all copyrights including but not limited to Intellectual Property Rights (IPR) and moral rights, rights of publicity and any related rights and consents to Organizers right to use the videos uploaded by the Participant(s) the captioned posted for the Activity , picture, tape or portray him/her as a Activity Winner, and to exhibit this material in any and all media now existing or hereinafter created, including without limitation television, film, radio and print media, without any compensation whatsoever for advertising and publicity purposes, except where prohibited by applicable law. The prize Winner also consents to Organizers right to use his/her name, voice or picture, or the content of his/her Activity Entry (collectively, the “Publicity Rights”). Organizers can allow to its agencies to exercise/exploit the Publicity Rights in conjunction with the Show.
31. Non-conformance by any Participant and/or Winner of the Activity will result in immediate disqualification of the Participant from participation or winning the Prize(s) as the case maybe.
32. Participants shall not post any profanity or abusive comments on the Website’s Activity page/ BALIC’s social media page in any other manner. In the event of any such profanity or abusive comments posted on foregoing pages, such Participants shall be disqualified forthwith and Organizers reserves its rights, in addition to removing such post, to take legal action against such Participant and/or user.
34. In exercise of the powers conferred by applicable laws, Organizers shall treat the information and/or documents as sensitive and confidential and such information and/or documents has to be now dealt with as per the provisions specified in the applicable laws.
35. For the purposes of the Activity, Organizers may contract with third party service providers to perform functions or services on its behalf. Such service provider may have limited access to the Participant’s Personal Data needed to perform their functions, but shall be restricted from using such Personal Data for purposes other than providing services to Organizers solely in connection with the Activity. The Participant hereby furnishes its acceptance for the Service Provider to utilize the Personal Data for facilitating the Activity in accordance with applicable laws. The Participant(s) hereby agreed that they shall not file any claim against Organizers for sharing for such Personal Data.
36. By choosing to participate in the Activity, You hereby specifically agree and consent to receiving updates with respect to the Activity, from Organizers, on the email ID & phone number shared by you. The shall override any registration on NDNC towards the same.
37. In addition to these Terms and Conditions, the Participant(s) at all times shall be subject to the terms and conditions of Instagram, Twitter and Facebook, as may be applicable. By participating in this Activity, the Participants hereby specifically consents for Organizers to edit the pictures/images posted and/or shared by them and to repost the same along with the captions shared by them. Organizers shall not, in any manner, be responsible to any action taken by Instagram, Twitter and Facebook with respect to the post made by the Participant and the Participant hereby agrees to not make any claims against BALIC with respect to the same. Any technical or other issues with respect to the Participant’s Instagram, Twitter and Facebook account, page and/or operation or functioning of the same shall be taken up by the Participant directly with Instagram, Twitter and Facebook, without involving BALIC in any manner.
38. It is hereby clarified that BALIC shall in any manner be responsible for any strikes issued against the Participant’s social media pages, either by music labels or otherwise, with respect to the Entries. The Participant shall at all times be responsible for securing the rights for the content including rights for the music/songs used, forming a part of the Entries. Any strikes issued against the Participant’s account shall be resolved by the Participant on their own, without any recourse or liability to BALIC.
39. Participants confirm that the videos or pictures uploaded by them (or any part thereof) pursuant to the Activity, do not infringe upon the statutory rights, common law rights, intellectual property rights including copyrights in literary, dramatic, musical or motion picture rights, patent rights or the trademark or trade names of any person, firm, corporation, association or entity whatsoever. Neither the videos or pictures nor any part thereof violate the statutory rights of, or the right of privacy, or constitute a libel or slander against any person, firm, corporation, association or entity whatsoever, or violate any other rights not herein specifically enumerated. No videos or pictures or any part thereof shall be defamatory or contribute contempt of court or breach of contract, or breach of any provision of statute, nor hurt the sentiments of religious groups. In the event of any infringement and/or any unlawful usage of any information including pictures provided by the Participants, BALIC shall not be held liable on any account whatsoever.
40. BALIC shall not be responsible for any lost, late or misdirected computer transmission or network, electronic failures of any kind or any failure to receive entries owing to transmission failures or due to any technical reasons.
41. This Activity and the shoot of the Music Video shall be at times subject to all COVID related regulations, guidelines and SOPs issued by the Central or the State Government or any other competent authority. The Organizers shall have the right to make any changes to the Activity or these terms and conditions or any changes to the shoot of the Music Video, owing to any such governmental regulations or SOPs or guidelines, at any time. The Winner will, at their sole cost, be required to follow all the travel related Government guidelines and SOPs to be available for the shoot of the Music Video. In the event, the Winner is unable to participate in the Music Video due to ill -health or any COVID related complications, then the Organizers have the right to disqualify such Participant. No Participant shall be allowed to travel to Mumbai or be a part of the Music Video shoot if they are not medically fit.
42. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, BALIC and their respective affiliates, officers, directors, employees and agents (collectively the “ Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner during the Activity and/or enjoyment of the Prize (if any).
43. Under no circumstance shall Organizer and/or any of their directors, employees, officers, affiliates or subsidiaries, be liable to the Participant or any party claiming under them and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if Organizer has been advised of the possibility of such damages. Under no circumstance, unless due to wilful misconduct or gross negligence, shall BALIC and/or their directors, employees, officers, affiliates or subsidiaries, be liable to the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. The Participant specifically agrees not to file in person/through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum in Pune against Organizer, directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Activity or otherwise.
44. Participant(s) hereby represent and warrant that Participant(s) is not under any disability, restriction, or any kind of prohibition, which shall prevent Participant from performing or adhering to any of the Terms and Conditions herein and have not entered into and shall not enter into any agreement that may violate the Terms and Conditions herein. By registering for the Activity, the Participant(s), represents that he/she is medically fit and do not have present or past psychological ailments. If in the past, he/she 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 BALIC, in writing along with a copy of the certificate from a qualified medical practitioner declaring him/her to be fit for participation in the Activity. In the event the Participant(s) suffers from any medical conditions during the shoot of the Music Video, then BALIC, will on a best endeavour basis provide reasonable medical assistance to the said Participant(s). However, in the event such medical condition renders the Participant(s) unfit for further shooting/participation in the Music Video, then BALIC shall have the right to disqualify such Participant(s) from further participation. If such Participant(s) has won any prize money before any such disability, then the same shall be paid to the Participant(s) in accordance to the process communicated by BALIC.
45. There is no levy of an entry fee for participation or at any stage in the Activity. A Participant, is not required to pay any amounts, fees or monies at any stage of the Activity in any manner or for any reason whatsoever. Any person who claims to be from BALIC or otherwise and asks the Participant(s) for paying an entry fee for participation in the Activity or the Show or to pay monies for any reasons associated with the Activity or the Show or asking to pay accommodation or other charges that may be reimbursed at a later stage, is defrauding the Participant (s) and he/she should report this to the local police immediately. There are also no lotteries, prize monies, cash prizes etc. distributed. The only way to participate in the Activity is in the manner detailed hereunder and Prize(s) is only to be awarded to the selected Winners hereunder. Any person who claims to be a member or representative or BALIC and offers any lotteries, prize monies, cash prizes etc. to anyone is defrauding the person and he/she should report this to the local police immediately.
46. Registration and participating in the Activity does not guarantee the selection of the Participant(s) for the Activity or in any manner offers the chance for the Participants or Winners to be a part of the Activity. Registration also does not entitle any Participant(s) to a prize or award. If at any time, including after disbursement of prize, any information submitted by the Participant(s) is found to be incorrect, false, or otherwise misrepresented or misleading, the Participant(s) shall be liable to refund all amounts received from and/or BALIC.
47. The Terms and Conditions of and in relation to the voting as stated herein, is an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
48. Your participation in the Activity by posting the Entries will be deemed as an acceptance of the above stated Terms and Conditions. The decisions of Organizers and its representatives shall be final and binding on all aspects of the Activity.
49. Organizers has the right to amend (add, delete or modify) the Terms and Conditions governing the Activity, prospectively or retrospectively, at its discretion and without prior notice.
50. Organizers reserves the right to withdraw or discontinue and/or terminate the Activity at any stage without prior notice and without any liability whatsoever to the Participants.
51. The Activity is void where prohibited by law. All relevant national and local laws apply.
52. Decision of Organizers in relation to the Activity and matter incidental thereto shall be final and binding on the Participants. All disputes, controversies and conflicts arising out of this Activity shall be referred to a sole arbitrator appointed in accordance with the Arbitration and the Conciliation Act, 1996. The place of arbitration shall be Pune and the language used in arbitral proceeding shall be English. Subject to the dispute resolution procedure as set out here in above, the courts at Pune shall have the exclusive jurisdiction in respect of all the subject matter with relation to this Activity.
Day/s of the Activity
19th November 2021 to 31st December 2021
Platform on which Activity shall be available
Specific Terms of Participation
1. The Participant can participate in the Activity only by registering on Super Star After Retirement
Participants at all times shall ensure that the entries shall not:
i. shall not violate the rights of any third party, including, but not limited to, privacy rights, copyrights, trademark rights and/or any other intellectual property rights;
ii. is not abusive, harmful, harassing, blasphemous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. does not harm minors in any way;
iv. does not violate any law for the time being in force;
v. does not deceive or mislead about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
vii. shall not create any liability for BALIC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.
Specific Process for choosing the Winner
From the entries received, Organizers shall shortlist and select the top participants for each category. The process of shortlisting and selection of the Winners shall be at the sole discretion of Organizers.
The declaration of the Winners shall at all times be subject to the background and verification check to be done by the Organizers. Should the Participant not be able to submit any documents to Organizers satisfaction or is disqualified for any other reason, then Organizers shall have the right to disqualify such Winner and have the sole right to choose any other participant as the Winner.
Announcement of the Winner
The names of the Winners shall be announced by email and message.
The top Winners in each category shall win a chance to play their specified role in a music video created by the organisers. All decisions with respect to the Music Video shall be solely taken by BALIC. BALIC shall communicate the date, day and time for the shoot of the Music Video with the Winners. In the event the Winners are unable to make themselves available for the shoot of the Music Video, then BALIC shall have the right to disqualify such Winner and choose an alternative winner, at its sole discretion. The shoot of the Music Video will take place in Mumbai. The travel, boarding and lodging expenses of the Winners shall be borne by the Organizers.
The Winner shall be required to sign additional undertakings and documents for the shoot and recording of the music video. Any participation in the Music Video shall be subject to the Winner signing the documents required by BALIC.
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