RULES & REGULATIONS GOVERNING PARTICIPATION IN DANCE KE DEEWANE (“RULES”)

The Contest and/or any elements related thereto is in no way sponsored, endorsed, administered by or associated with Facebook, Inc., Instagram, Inc. and/or its affiliates. Participant hereby releases Facebook, Instagram from any / claims that it may have in relation to this contest. Participant acknowledges that organisers/ its affiliates is/are going to receive the information directly from the participants pursuant to their participation in the Contest (and not from Facebook and Instagram). Any information collected as a part of the contest, are for the purposes mentioned in these terms and for none other. The information thus obtained is collected, processed and used only by the organisers and the affiliates/vendors with whom it is shared by the organisers voluntarily.

• A. BRIEF DESCRIPTION OF CONTEST:

‘Dance Ke Deewane’ contest is a dance talent hunt based contest (“Contest”) organized during the Term (defined hereinbelow). The Contest shall be conducted in English language on the official Facebook and Instagram pages (“Social Media Pages”) of the channel owned by Viacom18 Media Private Limited’s (“Viacom18”) i.e.“Aapka Colors” and hosted by IndiaCast Media Distribution Private Limited (“IndiaCast”). For the purposes of these Rules, “Channel’’ shall mean general entertainment channel as available in the territory of United States of America (USA) under the name and style ‘Aapka Colors’; and “Organisers” shall mean IndiaCast as well as Viacom18 jointly.
Participation in the Contest shall be governed by these Rules as further detailed hereinafter. The individuals who participate in the Contest either as individual or a group of two or more persons (“Applicant” or “Participant”) agree to comply with these Rules as well as other terms and conditions relating to the Contest as the Organisers may require.

• B. CONTEST AND PARTICIPATION DETAILS:

1. 1. 1. Term:

Commences on July 06, 2019 at 10.00 hours EST until 23.59 hours EST on July 14, 2019 (“Term”). The Term is subject to change/modification without prior notice, in the sole discretion of the Organiser.

1. 1. 2. Participation Mechanism: 

In order to participate in the Contest, the Participant will be required to: (a) login to their respective Facebook / Instagram profile (“Social Media Profile”); (b) post/upload a participation video (“Participation Video”) doing his/her favourite dance moves on solo basis or as a group performance at the Participant’s discretion, on either of the Social Media Profile/s and simultaneously shall tag the respective Social Media Page/s of the Channel; (c) read and acknowledge the terms and conditions which are hosted both on the website of the Channel having URL www.aapkacolors.com (“Website”)  and Social Media Pages of the Channel, and if acceptable, participate in the Contest, during the Term; (d) the Organisers will share the best Participation Video on the Social Media Pages of the Channel; (e) Participant/s may encourage their family and friends to vote for their entry by liking or commenting on the post that is tagged on the Social Media Pages; (f) In case of group participation, the leader of the group or any 1 (one) Participant from the group can only login to the Social Media Profile and upload the Participation Video on behalf of the entire group;  (g) The participation in the Contest shall not be available after the expiry of the Term.

For the sake of clarity, requirements of the Participation Video are as follows:

1. 1. i. The Participation Video should contain a recorded version of the Participant’s dance moves. The Participant at its discretion may or may not use musical instruments while recording the Participant Video.
   2. ii. Duration of the Participation Video: Maximum duration of the Participation Video shall be one (1) minute and any Participation Video exceeding the aforesaid criteria shall be rejected.
   3. iii. Size of the Participation Video: Maximum permitted size of the Participation Video can be 50 MB.
   4. iv. Technical Specifications/ Format: Avi, mpeg, Mp4, mpg, .mov
   5. v. Participant’s act/performance in the Video, should not be obscene, vulgar, defaming, denigrating women or children, hurting religious sentiments, depicting violence or against the public policy of United States of America and/or in violation of any of the applicable laws.
   6. vi. Organisers reserves the right to disqualify immediately from the Contest if the Participation Video does not meet the criteria as specified above.

Upon uploading the required Participant Video on the Participant’s Social Media Profile, through the Participation Mechanism, Participant hereby agrees to have read and understood all the terms and conditions for participation in the Contest and agrees to abide by the same.

• C. GENERAL RULES FOR PARTICIPATION IN THE CONTEST:

1. 1. 1 The Contest is open to legal residents of United States of America provided they have attained 18 years of age.  In case of group participation, each Participant should also have attained 18 years of age.
   2. 2. Participation in the Contest is purely voluntary, and no registration fee is charged to the Participant in any manner whatsoever by the Organisers or any other person associated with the Contest. 
   3. 3. Notwithstanding the foregoing, the Contest is not open to employees of the Organisers and its group and affiliated companies, subsidiaries, advertising promotional agencies, or any person associated with the organization of any Contest, their respective immediate families, or anyone with whom any of those persons are domiciled. The Organisers reserves the right to disqualify any person that it knows is, or has reasonable grounds to believe is, ineligible for the Contest as a result of this rule. Further, in the event of any breach of the rules and regulations, the Organisers reserves the right, at its sole discretion, to initiate any legal action and/or seek reimbursement of the Prize from the Winners.
   4. 4. The Organisers reserves the right to disqualify Participants at its sole discretion. Further only one (1) Participation Video per Participant will be accepted. In case of group participation, either leader of the group or any Participant from the group can upload / post one (1) Participation Video on behalf of the group. Participants who upload the Participation Video with a fake Facebook / Instagram account shall be immediately disqualified without any notice. Participants who have more than one (1) account each on Facebook / Instagram should upload Participation Video from one (1) account only.
   5. 5. Participant agrees, acknowledges and permits that Participation Video may be processed by the Organisers their affiliates and vendors (including agency for management of the Social Media Pages) for the purpose of this may might also be shared with employees of the Organisers, its affiliates, its contractors. The Participant hereby consents and permits the Organisers, its affiliates and vendors (including agency for Social Media Pages management) to collect, store, use the Participation Video only as may be necessary for the purpose of the Contest and to process their information and/or contact them for any marketing purposes.
   6. 6. Prize / Gratification:
   • (a) The Participant understands that uploading their Participation Video does not guarantee the Participant to receive any gratification. The Organisers expects several Participants to upload Participation Video for the purpose of the Contest. Hence, out of all the Participation Videos that the Organisers receives, lucky winners shall be selected based on the Organisers own discretion and number of likes and comments that the Participation Video post receives on the Social Media Pages of the Channel. There would be only two (2) lucky winners selected i.e. one (1) from Facebook page and one (1) from Instagram page (“Winners”). The selection criteria indicated herein is indicative and Organizer retains absolute right and discretion to decide on the issue of selection of such Winner. All decisions relating to shortlisting and selection including any selection of any Winner(s) and relating to the number of Winners of the Contest shall solely vest with the Organisers and all decisions of the Organisers relating to the same shall be final and binding on the Participant. The Participants shall not dispute the decision of the Organisers at any point of time.
   • (b) The Winners shall permit the Organisers to enquire their full name, email address, contact number, residential address and other such other information as may be required for contacting them or for any other purpose connected thereto. To claim the Prize, the Winner must: (a) immediately contact the Organisers, but not later than 72 hours from the time of receiving intimation from the Organisers / announcement on the Social Media Pages for having won the Contest (it should be the responsibility of each Participant to track the Social Media Pages for the information / announcement); and (b) immediately submit their id proof, age proof and address proof as requested by the Organisers, but not later than 72 hours, from the time a request has been made by the Organisers for submitting such documents and  Winner hereby agree that the Organisers may process the Participation Video. In case of group participation, the leader of the group or any Participant from the group shall furnish the aforesaid valid proofs.
   • (c) Organisers reserve the right to disqualify the Participant immediately from the Contest if the Participant had supplied untruthful, inaccurate or misleading details and/or information, of any nature, have failed to abide by the Rules and/or are in breach of the Rules hereof.
   • (d) Winners hereby agree and consent that the Participation Video will be shared/posted on the Social Media Pages. The Winners of the Contest will be provided with exclusive merchandise as determined by the Organisers at their own discretion (“Prize”). In case, if any group is declared as a Winner, only one bluetooth speaker and a charging plate would be given to the said group. There is no cash alternative and the Prizes must be taken as offered. The prizes are non-exchangeable, non-transferable, and is not redeemable for cash or other prizes. Participants acknowledge that Organisers are dependent on third parties to make available specified Prize to Winner(s), and that Organisers shall be within its rights to replace / substitute the Prize with any other award / prize (including merchandize) selected by the Organisers in case the Organisers are unable to make available specified Prize to Winner(s).
   • (e) Any prize/ gratification(s) that will be made available by the Organisers will be purely on a reasonable effort basis.
   • (f)The Organisers or its affiliates or the channel make no representation as to the quality, suitability or merchantability; and extends no guarantee or warranty relating to the Prize. The Organisers shall not be responsible for any injury, loss, damage or other consequence whatsoever arising from, suffered or incurred by Winner from or in relation to Prize. The Winners hereby agree that the Organisers and/or the channel are not responsible for any queries / concerns / issues relating to the Prize(s) under any circumstances whatsoever.
   • (g) Failure to claim the Prize and/or complete the required formalities regarding documentation within the timelines set out in (g) above, may result in disqualification and/or selection of alternate Winners.
   • (h) With respect to the Prize, under no circumstances the Organisers shall be held responsible for:
     1. 1. 1. i Baggage damage, loss, or delay in delivery;
           2. ii Any defect in the Prize;
           3. iii Delays, personal injury, property damage or any loss resulting from any acts of God, act of public enemy, arrest or restraint of any government, seizure under legal process, quarantine, restrictions, riots, or civil commotions, strikes, war, act of terrorism, weather and any other natural of unnatural causes, lockouts, or labour stoppages, war hazards or dangers incident to a state of war;
           4. iv Insufficient personal funds;
           5. v Loss of personal property, possessions, or monies;
           6. vi Any act of neglect of any person or Organisers whose services are retained by the Organisers for the benefit of the Winners including, but not limited to, hotels, tour agencies and transportation companies;
           7. vii Any deviation, delay, or curtailment of any kind, however caused, and if beyond the control of the Organisers.

• • • (i) Additional expenses, if incurred under any of the above stated circumstances, will be borne by the Winners / Participant. The Participant / Winner agrees to abide and fulfil all the terms and conditions that the Organisers may, expressly or by implication, set out from time to time.
    • (j) Any and all taxes and/or levies applicable under the laws of Unites States of America shall be borne by the Winners in relation to the Prize.
    • (k) The Organisers assumes no responsibility for any damage, loss, injury, mental/psychological problem /issues like anxiety, depression, stress, mishap, injury, accident, physical harm of any nature, death, any other unfortunate incident, etc. suffered by any Participant entering the Contest or as a result of the Prize.
    • (l) The manner of handing over the Prize to the Winners shall be solely decided by the Organiser.
    • (m) Prize does not include costs / expenses / taxes on the Prizes that are personal in nature, and that such costs / expenses shall be borne by the Winners (along with their respective companions) themselves. No costs, expenses, amounts, taxes etc. shall be reimbursable by the Organisers. Further, all decisions of the Organisers shall be final, and binding and the Winners agree to abide by the same. 
    • (n) The Prize(s), when the same are in form of some tangible goods or materials or vouchers, may also be sent by post and/or courier to the Winners as per the address specified by them or such Winner(s) may be requested to collect the same from a particular address/place. The Organisers shall not be responsible if any Prize(s) is/are damaged in the course of delivery through post and/or courier. Winner(s) agree and acknowledge that information might be shared with the third party vendors (for example courier agency) for the purpose of delivering the Prize at the Participant’s address. The collection and use of this Information shared with them will be governed by the third party’s privacy policy and Organisers shall in no way be held responsible for any aspect of the third party’s services.

7. In case either or both the Winners do not comply with the Rules, the Organiser reserves its right to announce any other Participant as a Winner at its own discretion.

8. If required, the Organisers may collect financial information of the Winners only for gratification purposes and may not use for any other purposes.  The Organisers will notify the Winners if they require to process such financial information for any other purposes prior to processing and seek relevant consent.

9. Participant shall ensure that the acts /performance in the Participation Video shall in no manner infringe any rights including the copyright of a third person/party. In the event of any violation of the Rules, Participant shall be disqualified from the Contest, without any prior notice of the same to the Participant. Participant shall solely be liable for any and all action (criminal/civil) arising therefrom and shall also be liable to indemnify Organisers, its affiliates/group companies/employees, the agents, representatives, etc., for any loss, claim, dispute, disruption, demands, actions, liability, damage caused to Organisers. In case of group participation, all the Participants belonging to a particular group shall be jointly and severally liable to comply with all the indemnity obligations as contained herein. Participant specifically agree 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 India or anywhere in the world against Organisers and/or their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief of any nature in any manner in connection with the Contest.

10. By uploading the Participation Video, the Participant participate in the Contest, and hereby waive all privacy rights and/or any other rights including but not limited to proprietary rights, copyrights, moral rights, right of inspection or approval of Participation Video pertaining to them (including their Recordings, appearance and of their Information), or the uses to which the same may be put etc., and/or any privacy expectations that the Participants will have with respect to the collection, usage, storage, transfer and retention of the Participation Video uploaded by Participant on his/her Facebook / Instagram profile. By providing the Participant’s personal information i.e. email and mobile number, Participant agree that the Organisers may use the Information for sending out commercial information and/or for other commercial, publicity or promotional purposes. The Organisers may also share the same with any other entity that may be associated with the Contest.

11. All Participation Video(s), including copyright and all other intellectual property rights therein, shall become the sole and exclusive property of the Organisers. By uploading their Participation Video and disclosing their Facebook / Instagram profile, Participant and/or Winner agrees to assign all such rights to the Organisers. The Organisers shall be entitled to use any material and content in the Participation Video in any manner it may chose, including for promotional, marketing and publicity purposes, without reference or compensation to Participant and/or the Winners.

12. The Participant of the Contest agrees that it shall hold harmless the Organisers, its affiliates, the channel, their employees, officers or any other person in relation to any injury/ damage/ harm/ loss suffered by it in any manner, whatsoever, in connection with the Contest and/or Prize, and that the Participant, shall also not 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 Organisers or its affiliates or the channel to claim any damages or relief’s or otherwise.

13. The Organisers reserves the right to disqualify any Participant if it has grounds to believe that the Participant has breached any of the Rules and/or terms and conditions applicable to the Contest.

14. The Participant is obliged to ensure that the Participation Video as per the specifications as set out above. The Organisers shall not be responsible for any technical disruption and/or failure/ server problems and/ or any other difficulties of such nature, due to which the Participant is unable to participate in the Contest.

15. The Participant agrees that they shall not charge the Organisers / their affliates / employees etc. towards the cost incurred for participation in the Participation Video including internet usage / mobile data usage, costumes, make-up, other personal expenses and/or any other expenses of any nature for participation in the Participation Video and shall be borne by the Participant at their sole responsibility.

16. Organisers shall not be responsible for any delay in receipt or non-receipt or incomplete receipt of the Participation Video / other details of the Participant.

17. The Participant agrees that the Organisers shall not be responsible in any manner whatsoever in the event the Contest is delayed, rescheduled, or cancelled for any reason whatsoever.

18. The Organisers assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line-failure, theft or destruction or unauthorized access to, or alteration of, entries. The Organisers shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Organisers on account of any technical problems or traffic congestion on the Internet or at any Website, or any combination of them, including any injury or damage to any Participant’s or any other person’s computer related to or resulting from participation in the Contest.

19. The Organisers reserves the right to take legal action against such Participant / person /party who has committed a breach under the Cyber laws (Information Technology Act, 2000 and all its amendments thereof) and/or any other laws as may be applicable from time to time and Organisers shall be entitled to such remedies in law as applicable.

20. The participation in the Contest shall mean that the Participant has read, understood, accepted and agrees to abide with all the Rules, as updated from time to time by the Organisers in its sole discretion. Non-conformance by any Participant of the Rules will disqualify the Participant immediately. The Organisers also reserves the right to modify, cancel, extend and/or discontinue the Contest or any part thereof without assigning any reason or notice.

21. The Participant agrees to abide and fulfil any other terms and conditions that the Organisers may set out.

22. The Participant represent that he / she is not under any exclusive contracts with any other third party/ agency or not under any kind of disqualification under any law to enter into an agreement with Organiser (as may be required) as the case may be and/or to participate in the Contest.

23. Participant hereby agrees to indemnify the Organisers in respect of all actions, proceedings, claims, damages and other liabilities which may be brought against or incurred by Organisers as a result of the breach of any of my warranties, representations, obligations or undertakings contained herein.

24. Participants shall not post any profanity or abusive comments on the Social Media Pages / Website / any other platforms in any other manner. In the event of any such profanity or abusive comments posted on foregoing platforms, such Participants shall be disqualified forthwith and the Organisers reserves its rights, in addition to removing such post, to take a legal action against such Participant.

25. Participants hereby confirm that they are medically and physically fit and that Participant do not have any medical/physical/emotional condition (including heart ailment, blood pressure, final stages of pregnancy and/or psychological, anxiety, hypertension, depression or any other medical problems of any kind whatsoever, etc.) which can jeopardize their eligibility for participation in the Contest.

26. Participant hereby agree and undertake that they shall not accept or undertake to accept / give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate your selection or participation in the Contest. It is hereby reiterated that Organisers does not charge any money/participation fee for the Contest hence, Participant is requested not to entertain any calls or agents in this regard.

27. For any query relating to the Contest, the Participant may send / inbox their queries on the Channel’s Social Media Pages.

28. Limitation of Liability:

(a) The Participant categorically agrees that subject to limitation of liability, in the event any damage or imminent damage to the Participant (if any) is estimable, then damages shall be adequate relief in law. Accordingly, the Participant also agrees that it shall not be entitled to any (temporary or perpetual) injunctive relief (including preventive injunction) against the Organisers, even in the event of any breach (actual or threatened) by the either of the Organisers. 

(b) To the extent permitted by law, the Organisers shall not be liable to the Participant in contract, tort or otherwise, whatever the cause thereof, for any loss of use, data, profit, business or goodwill or any indirect, special, consequential, incidental or punitive cost, damages or expense of any kind, howsoever arising under or in connection with the Contest.  Further, the Organisers collective and cumulative liability shall not exceed any damage suffered by any Participant proven and quantified by the competent court or USD 500, whichever is lesser.

29. Governing Law and Dispute Resolution:

(a) Governing Law: These rules and regulations, the Event and Contest shall be governed by and construed in accordance with laws of India and subject to sub-section (b) below, the Participant submits irrevocably to the sole and exclusive jurisdiction of the courts in Mumbai. In any legal proceedings relating to this Contest, participant(s)/Winners agree to waive any right it may have to participate in any class, group, or representative proceeding and to waive any right it may have to a trial by jury.

(b) Arbitration: If any dispute arises between the Participant and the Organisers hereto, in connection any aspect of the Contest (“Dispute”) either party may give forty five (45) days’ notice of invocation of the arbitration provisions contained herein (“Arbitration Notice”), to the other party in writing.

The arbitral proceedings shall be governed by (Indian) Arbitration and Conciliation Act, 1996 as amended from time to time and the Parties hereby agree to resolve their Dispute(s) by an arbitral tribunal consisting of a single arbitrator. In the event the Parties are unable to mutually agree upon a single arbitrator within seven (7) days from the Arbitration Notice, either party may approach the competent court who shall appoint such single arbitrator. The venue of the arbitration shall be Mumbai (India). The proceedings of arbitration shall be in English language.

The costs of arbitration proceedings shall be borne equally by the parties during the arbitral proceedings.  However, the court or the arbitral tribunal (as the case maybe) shall have the discretion to determine as part of the award or the final order terminating the arbitral proceedings as to which party will pay the costs thereof.