TERMS AND CONDITIONS FOR _____________ CONTEST
These Terms and Conditions set forth the terms of the agreement between ZEE Entertainment Enterprises Limited ("ZEE") and each contestant/participant in the country of South Africa who participates in the Facebook, Website and Twitter contest titled "________________" ("Contest") to be held for promotion of the various programs ("Programs") telecasted on ZEE's channel ZEE TV South Africa ("Channel") on ZEE's Facebook page "_________________________________" ("ZEE's Facebook Page") Website and Twitter page "____________________" ("ZEE's Twitter Handle/ Page").
(I) Participants' Eligibility:
1. The Contest is open only to persons who are the citizens of South Africa and shall be of 18 (eighteen) years of age and above.
2. The Participant must have a valid and existing Facebook or Twitter account during the Contest Period if he/she wishes to submit his/ her Entry.
3. Permanent and/or contract employees and directors of ZEE, its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively, "ZEE Entities") and each of their immediate family members are not eligible to enter the Contest.
(II) Contest Procedure:
1. The Contest shall comprise of 1 (one) multi choice question to be asked by ZEE every week during the Contest Period, based on any of the Program telecasted by ZEE on the Channel either on weekdays or weekend from _18h00_:00 CAT to _23_:59__ CAT during the Contest Period ("Weekly Question"). The total number of Weekly Questions shall not exceed number ____ (_______) multi choice questions.
2. The Contest shall start on ZEE's Website and Facebook Page and ZEE's Twitter Handle on May 21, 2015 at 18:00 CAT and end on June12, 2015 at 23:59 CAT ("Contest Period"). For sake of clarity it is clarified that the Contest Period shall consist of total ___ (__4____) weeks (i) week no.1 starting from May 21, 2015 to 12 June ___, 2015; (ii) week no.2 from ___________ to ___________; (iii) week no.3 from ___________, 2015 to _____________, 2015; (iv) week no.4 from ___________, 2015 to _____________, 2015 ("Weekly Contest Period"). ZEE reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the Website from time to time. ZEE also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).
3. The Weekly Question asked by ZEE shall be displayed on ZEE's Facebook Page and ZEE's Twitter Page on Monday of every week during the Contest Period at __:__ CAT and will be deleted at the end of every week on Sunday at __:__ CAT.
4. ZEE shall promote this Contest through the medium of the Channel, Website, print media (newspapers), on air (promos, astons, bugs etc.), on ground promotions, push sms, radio, digital media/ online and any other manner as ZEE shall deem fit, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Contest.
5. To participate in the Contest and be eligible for the Prize, all persons interested to participate in the Contest ("Participant(s)") shall be required to do log in to his/her personal Facebook or Twitter account, click on relevant Contest post on ZEE's Facebook page or relevant Contest tweet on ZEE's Twitter Handle and correctly answer the Weekly Question asked by ZEE during the Weekly Contest Period ("Answer"). The Answer submitted by the Participant shall end with the Contest hashtag "________________" ("Contest Hash Tag").
6. It is further clarified that the details of the Answer will not be publicized on the Channel and /or any other platform/medium other than ZEE's Facebook Page or ZEE's Twitter Page.
7. For purposes of the Contest, "receipt" of Answer occurs only when ZEE's Facebook Page or ZEE's Twitter Page server records the Answer information upon the entrant clicking "Submit/Post" button. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt.
8. For the purposes of the Contest, logging onto ZEE's Facebook Page or ZEE's Twitter Page, clicking on the relevant page of the Weekly Question of the Contest, answering the Weekly Question correctly by choosing the correct option ending with the Contest Hash Tag and submitting the Answer by clicking on "submit/ click/ tweet" button on their Twitter page shall be considered as a complete and valid entry ("Entry"). If the Participant(s) fails to provide the Answer in the manner as stated herein above and/or is not a resident of South Africa and /or fails to furnish Personal Information then his/her Entry shall be considered incomplete and the Participant(s) shall not be eligible for the Prize. For the avoidance of doubt it is hereby clarified that by submitting the Entry and /or Answer the Participant(s) is representing that the Entry(s) and /or Answer or contents thereof are not confidential or comprise any sensitive personal information.
9. If it is found by ZEE that any Participant making an Entry has violated any term of the Facebook or Twitter Guidelines and/or the Terms and Conditions by writing any posts and/or commenting on ZEE's Facebook Page or ZEE's Twitter Page disclosing any details related to his/her Personal Information then ZEE shall have a discretionary right to disqualify that Participant from participating in the Contest.
10. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.
11. It is clarified that each Participant(s) shall be free to submit /provide Entries innumerable times throughout the Contest Period from either Facebook or Twitter platforms and such submission of Entries shall not make him /her ineligible from participating in the Contest and shall not render his /her Entry invalid however the selection of the Entry entitled to receive the Prize shall be at sole discretion of ZEE. Entries for a particular Weekly Question received after that Weekly Contest Period of the Contest shall be considered null and void.
12. The Participants shall ensure that the Answer submitted is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that â€”
(a) belongs to another person and to which the user does not have any right; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights;(e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant(s) agrees that ZEE has the right to remove any such material/Post which may not be in consonance with applicable law.
13. ZEE shall not be responsible in the event Entry is not received, and also for technical disruption of any nature whatsoever and/or internet connection error and/or any other reason whatsoever that results in the Entry not being received.
(III) Selection Process:
1. At the end of every Weekly Contest Period, on the basis of the Participant(s) having made a valid Entry by correctly answering the Weekly Question on either ZEE's Facebook Page or ZEE's Twitter Page, ZEE shall at its sole discretion shortlist the Participant(s). Subsequently, out of all the shortlisted Participant(s), ZEE shall by way of random selection process select and declare 1 (one) winner ('Winner') of the Weekly Question of the Contest by the end of the Weekly Contest Period. The total number of Winners declared during the entire Contest Period shall not exceed ___ (_____) Winners.
2. The Winner(s) shall be entitled to gratification in the form of 1 (one) Apple iPad Mini 16GB and ZEE's merchandise each not exceeding the amount of _______ ("Prize").
3. For avoidance of doubt it is clarified that ZEE's decision and prerogative in regard to the selection and declaration of the Winner shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant (s) who have made a valid Entry and who are shortlisted and declared as the Winner based on the criterion mentioned hereinabove, by ZEE at its discretion shall be entitled to the Prize.
4. It is further clarified that save and except the Prize stated hereinabove, the Participant(s)/Winner shall not be entitled to any other form of gratification (monetary or otherwise).
(IV) Intimation process:
1. Within (3) working days from the end of the Weekly Contest Period, the Winner shall be intimated by ZEE and /or any other agency on behalf of ZEE on the Winner's Facebook profile or Twitter profile "messages- inbox" that he/she are eligible for the Prize ("Intimation Message"). The Intimation Message shall have instructions on the process required to be adhered by the Winner which inter alia shall include the list of documents (i.e. driving license, pan card, passport, election card, electricity bill, ration card) scanned copies of which would be required to be emailed to ZEE on a date mentioned in the Intimation Message (â€œDocumentsâ€). In the event the Winner fails to provide the abovementioned Documents or fails to adhere to the instructions as mentioned in the Intimation Message, the Winner's selection shall be invalidated and ZEE shall not be liable to that Winner in any manner whatsoever. Additionally ZEE may at its sole discretion select another Winner from amongst the eligible Participant(s), who qualify as per the criteria stated above.
2. Furthermore on receiving an email from the Winner, ZEE shall verify the Documents to its full satisfaction and sent out an automated confirmation email which shall mention the details (date, time and location) for the Winner to collect the Prize ("Confirmatory Email").
3. ZEE and/ or any other agency of behalf of ZEE shall make a total of one (1) attempt to contact the Winner through Intimation Message. In case the Winner fails to revert within twenty four (24) hours from the Intimation Message sent to him/her, the selection of that Winner shall be invalidated and ZEE at its sole discretion may select another Winner from amongst the eligible Participant(s) who qualify as per the criteria stated above.
4. ZEE shall not be responsible or liable for any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which the Winner is un-reachable via Intimation Message (for e.g. if the email is transferred into a SPAM folder) or any technical disruption and/or connection or electricity failure/ and/ or any other difficulties of such nature, due to which ZEE is unable to intimate the Winner.
5. Post sending out the Confirmatory Emails to the Winner ZEE shall publically declare the name of all the Winner/s on ZEE's Facebook Page and ZEE's Twitter Page on or before ___________, 2015.
6. All decisions of ZEE shall not be subject to any appeal of any nature whatsoever. Participation in the Contest shall be construed that the Participant(s)/Winner has waived his/her right to dispute any decision(s) made by ZEE in relation to the Contest and/or Prize, to the extent applicable under law.
(V) The Prize is non-transferrable and non-exchangeable. Participant(s) agrees and undertakes that no cash equivalent or alternative prize will be given to the Participant(s) and the Participants cannot exchange the Prize for a gift of similar value. Further, the Prize won is personal to the Participants and the Participants cannot transfer the Prize to any other person.
(VI) All taxes, levies and duties due and owing under applicable and statutory laws in connection with all prizes, and all other costs, including insurance, incidental costs, gifts, gratuities and taxes are the sole responsibility of the Winners.
(VII) The Prize shall contain standard warranties as provided by the manufacturer. ZEE does not provide any additional implied or express warranties or guarantees. Any malfunction or product defect of the Prize shall be taken up directly by the Winner with the manufacturer.
(VIII)Â The Winner shall not in any circumstances make any claims against ZEE entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the winner's participation in the Contest or any related activity, to the extent permitted under law. If the Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
(IX) If ZEE so elects, the Winner(s) will be required to submit to a confidential background check to confirm eligibility and help ensure that the Winner(s) will not bring ZEE Entities into public disrepute, contempt, scandal or ridicule or reflect unfavourably on ZEE as determined in their sole discretion.
1. The Participant(s) interested in participating in the Contest must be above the age of 18 (eighteen) years and residing in South Africa during the Contest Period and at the date of the Prize. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Contest.
2. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by ZEE from time to time will make such Participant's Post null and void.
3. ZEE reserves the right to disqualify any Participant(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by ZEE from time to time. The decision of ZEE in this regard shall be final and binding upon the Participant(s).
4. By participating it is deemed that the Participant(s) have read, understood, accepted and agree to abide with all the Terms and Conditions of the Contest.
5. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the Terms and Conditions the decision of ZEE shall be final in this regard.
6. The Winner shall be solely responsible to avail the Prize at the time of delivery. The Winner agrees that he/she shall not hold ZEE and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize or damage during transit or any problem in connection to the Prize. All and any incidental costs direct and/or indirect, in relation to the Prize, shall be solely borne by the Winner and in no manner whatsoever shall ZEE, be responsible or liable for the same in any manner whatsoever.
7. The Winner agrees that he/she shall not hold ZEE and/or its employees, responsible for delays or any problem in connection to the Prize.
8. The Winner agrees that if due to any reason, whatsoever, beyond the control of ZEE the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, ZEE cannot be held responsible and/or liable for the same.
9. ZEE is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.
10. ZEE reserves the right to forfeit the Prize in the event it is found by ZEE that any information provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. In this contingency ZEE shall have the right to declare another eligible Participant(s) who qualifies as per the criteria stated above, as the Winner of the Contest and transfer the Prize to that person.
11. 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 ZEE in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to ZEE.
12. The Participant(s)/Winner acknowledges that in case the performance of this Contest and/or availing the Prize cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then ZEE shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/Winner forthwith and such decision shall be final and binding.
13. The Participant(s) and/or the Winner shall not in any circumstances make any claims against ZEE entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults (directly or indirectly), to the Participant(s) and/or the Winner participation or non-participation in the Contest or any related activity. If the Participant(s) and/or the Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.
14. The Participant(s) and/or the Winner shall hold harmless and indemnify ZEE, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by the Participant(s) and/or the Winner and or their family members/friend's invited by the Winner in any manner whatsoever in connection with the Contest and/or the Prize and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in Johannesburg to claim any damages or reliefs.
15. The Winner/Participant(s) shall hold harmless and indemnify ZEE, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by ZEE in connection with any act of the Participant(s)/Winner and/or the Contest and/or Post including the photograph, text in the Post and/or any third party rights claims with respect to the material submitted by the Participant(s)/Winner. Â Â
16. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with ZEE and participate in any activity and/or campaign (â€œPromotional Activityâ€) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner gives his/her consent to ZEE and/or any other agency on behalf of ZEE to make the footage of the participation in the Promotional Activity. Â The Winner in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Winner shall vest with ZEE, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and ZEE may exploit the same in any manner and in any media whatsoever at any time throughout the world.
17. Each Participant hereby acknowledges and agrees that the relationship between the Participant (s)/Winner and ZEE and its affiliated companies is not a confidential, fiduciary, or any other special relationship.
18. Participant(s)/Winner acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
19. The Participant(s)/Winner agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Contest, the Prize and/or any other aspect related to the Contest.
20. Participant acknowledges that Participant's representations, warranties, confidentiality, indemnities, grant of rights in the Post, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
21. In case of any dispute or other matter arising in reference to the Contest and/or the Prize shall be referred to a sole arbitrator appointed by ZEE. The award passed by such arbitration shall be final and binding on both the Parties. The arbitration proceeding shall be conducted in English language and the venue for such arbitration proceedings shall be as per sole discretion of ZEE. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.
22. Subject to the provision of term 21 above, the Courts of Johannesburg shall have the exclusive jurisdiction to entertain any dispute arising in relation to these Terms and Conditions.