Please read, understand and agree to the following Terms And Conditions before participating in the Contest conducted by Zee Entertainment Enterprises Ltd (“ZEEL”). By voluntarily participating, the Participant hereby agrees to be bound by these Terms and Conditions and represent that they satisfy all of the eligibility requirements set out hereinbelow.
ZEEL is organizing “#ZestContestMaynia” (“Contest”) to be carried out on ZEEL’s social media platform i.e. Instagram viz. “https://www.instagram.com/zeezest/” or any other platform owned by ZEEL.(“Platform”).
By means of these terms and conditions set forth herein (“Terms And Conditions”), ZEEL is providing an opportunity to the interested Participant (“Participant(s)”) to submit his/her answer to the questions (“Entry” or “Entries”) in the Contest.
1. This Contest shall be conducted from 10th May, 2024 until 2nd June, 2024 (“Term”).
2. During the Term, the Platform will conduct a total of 4 (four) tasks/activities that will go live on the Platform between every Friday 10:00AM to Sunday 11:59 PM for 4 (four) weeks.
I. ELIGIBILITY
3. This Contest is open only to Indian Citizens who are residing in India during the term and are above the age of 18 years.
II. PROCEDURE TO PARTICIPATE IN THE CONTEST AND SELECTION OF WINNER
4. The Participant shall participate in the Contest by completing the below:
● STEP 1: Participants who wish to participate in the Contest have to follow the @zeezest handle on Instagram and submit their correct and complete Entry basis the task tagging #ZestContestMaynia along with tagging any other friends/ family of the Participant and ensuring they follow the @zeezest handle as well as instructed on the relevant social media post(s) in relation to the Contest as published on the Platform. Additionally, Participants are solely responsible for reviewing and expressly consenting to these Terms and Conditions found at this url- https://zeezest.com/ by clicking the checkbox ‘I Accept Terms & Conditions’ (or any other similar wording) in order to accept the Terms and Conditions
● STEP 2: ZEEL will select the 5 (five) winners each week (“Winner(s)”) at the sole discretion of ZEEL subject to the conditions stated herein. For the sake of clarity there will be 20 (twenty) Winners at the end of the Contest.
● STEP 3: The Winner will get a gift hamper as determined by ZEEL (“Prize”)
● STEP 4: For tasks (Task 1, Task 3 and Task 4) that require originality and inventiveness, ZEEL at its sole discretion, will choose 5 (five) Participants as Winners each week, on the basis of creativity. For tasks that require a correct answer (Task 2), ZEEL at its sole discretion shall select randomly 5 (five) Participants as Winners who have sent the correct answers to all questions,. The decision of ZEEL in connection with the selection process of the Winner will be final and binding and shall not be disputed or challenged by the Participant. In case of any dispute, the decision of ZEEL’s shall be final and binding on all concerned.
5. The Winners of the Contest will be announced by June 15, 2024 for all the 4 (four) tasks.
6. A Participant shall participate as may times he/she wishes to but can be declared as a Winner only once during the Term of the Contest.
7. ZEEL shall contact the Winners via direct message on the Platform and the Participant shall be required to furnish the following information prior to being given the Prize by ZEEL:
● His/her name, address, age, sex, contact number;
● A copy of his/her Photo identity card, PAN card;
● Any valid Proof of address;
● Valid self-attested Aadhar/Voter ID/Valid Passport/Permanent Driving License
8. ZEEL shall thereafter endeavor to contact the Winner via the contact number provided by the Winner to verify the credentials of the Winner. In the event that any of the Winners is not available/ reachable, such Winner forfeits his/her right to the Prize and ZEEL may in its sole discretion hand over the Prize to another winner and the same shall be final and binding.
9. If the telephone number of any Participant has been transferred to another individual after Entry into the Contest, the Participant who owned the telephone number at the time of Entry into the Contest shall not claim the Prize or make any claims in respect of the Contest in this regard. Further, the person who owns the number at such time of winning the Contest shall not be entitled to claim the Prize or have any other claims in respect of the Contest.
10. If any of the Prize Winners do not convey their acceptance within 24 (twenty-four) hours of intimation of the same via a reply to the direct message on the Platform, the Prize shall unconditionally and irrevocably lapse and such Winner will cease to have any right, interest or claim in the same.
11. Only correct and complete Entries received during the Term will be considered valid and Entries received after the timeframe mentioned above will be considered invalid, disqualified and void. ZEEL shall have the absolute discretion to modify the time when the Contest would be run for. The Participant shall be solely responsible for reviewing these Terms And Conditions periodically for any updates.
12. The Participant is solely responsible for adhering to the eligibility criteria under Clause 6 of these Terms and Conditions and following the instructions and manner of participation as set out for the Contest on the Platform. In the event that any Participant has not reviewed and consented to the Terms And Conditions of the Contest or is found to be in non-conformance with the Terms And Conditions and/or any of the terms of use, privacy policy etc. mentioned on the Platform, ZEEL shall be entitled to, at its sole discretion, disqualify the Entry received from that Participant and select another Winner who has complied with the eligibility criteria in its entirety. Such a decision shall be final and binding on the Participant and the same shall not be disputed or challenged....
13. ZEEL shall hand over or deliver (as the case may be) the Prize 60 (sixty) from the last date of the Contest . The Prize would be handed over to the Winners only after proper identification, verification and also after the Winner providing proof of payment of all applicable taxes and levies. The final decision of the mode and manner of delivery of the Prize shall be that of ZEEL and shall not be disputed by the Participant failing which ZEEL shall have the right to choose any other Winner as it deems fit.
14. The Winners will be solely liable to pay any and all taxes, levies, charges, etc. that may be applicable in respect of winning the said Prize.. ZEEL shall not be liable in any manner whatsoever in the event of non-payment by the Winner of any such applicable taxes, levies, charges, etc. Any expenses incurred by ZEEL in respect of such unpaid tax will be solely to the cost and expense of the Winner. ZEEL will not bear any additional expenses in relation to the Prize.
15. The Prize shall not be transferable The Prize shall not be redeemable for cash or kind. No request shall be entertained by ZEEL in this regard. ZEEL disclaims any liability arising from the Prize.
16. The Participant expressly agrees that ZEEL will have the unfettered right to reproduce and/or use all the Entries on any and all formats, media and/or mediums including but not limited to television, internet, mobile, print, etc.
III. REPRESENTATIONS, WARRANTIES AND LIABILITY
17. ZEEL disclaims all warranty and makes no representation about the quality, or otherwise of the Prize offered. The Winner will use the Prize entirely at its own risk and will indemnify and hold ZEEL harmless for any accident, harm, death, damages, costs and/or loss sustained by the Winner as a result of the possession or use of Prize won in the Contest All images/visuals of the Prize in the communications or advertising material or content are indicative only and may be subject to change.
18. ZEEL accepts no responsibility for any non-delivery of the Prize or if the Prize is not availed within the applicable time mentioned herein..
19. ZEEL accepts no responsibility if the Prize is not availed by the Participant within the applicable time mentioned herein.
20. ZEEL shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize.
21. ZEEL, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participants or for any physical injury, death, mental trauma caused to any Participant arising from or pursuant to the participation in the Contest or for any and all loss, damage, cost, expense or injury to property sustained by the Participant at any stage of the Contest whether or not caused by (1) the Participant’s participation in the Contest; (2) as a result of the any decisions of ZEEL for any matter relating to the Contest; (3) as a result of any comment, remark, judgment, view, criticism, critique, opinion and/or observation in relation to any nominee made and/or passed by the mentor appointed by ZEEL for the Contest. Notwithstanding the generality of the foregoing, ZEEL expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Contest. In no event will the measure of damages include, nor will ZEEL be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond ZEEL’s reasonable control.
22. ZEEL shall not be responsible for any errors or omissions in the Terms And Conditions contained herein. All information provided by ZEEL is provided “As is” without warranty of any kind. To the fullest extent permitted by applicable law, ZEEL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, ZEEL specifically disclaim any warranty (a) that the Platforms will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components that exist on the Platform (d) regarding the security of information submitted, and (e) regarding correctness, accuracy, or reliability. If the Participant(s) use of the App, online entry form results in the need for servicing or replacement of Participant (s) or another's equipment or data, ZEEL are not responsible for those costs.
IV. PERSONAL DATA PROCESSING
23. The Participant agrees to provide complete and correct information with respect to his/her name, phone number, e-mail address, permanent account number (“PAN”), age, sex and such other information as may be required by ZEEL He/she may also have to furnish a copy of his/her photo identity card, PAN card, any valid proof of address, valid self-attested aadhar/voter ID/valid passport/ or a permanent driving license
24. ZEEL has the right at any time to ask the Participant to provide proof of identity and/or eligibility. If the Participant fails to provide such proof upon request by ZEEL or provides inaccurate information and/or withholds any information , ZEEL shall have the right to disqualify the Participant from the Contest and/or the withdrawal of the Prize (defined below) at the sole discretion of ZEEL and the Participant shall be solely liable and responsible for any claims or expenses arising from provision of such inaccurate information or withholding of information.
25. The Participant agrees and acknowledges that for the purpose of the Contest, ZEEL and its representatives may gain access to the personal information of the Participant. The Participant hereby grants ZEEL the right to collect, control, manage, store, use, transfer, retain and process such data. ZEEL takes appropriate technical and organizational measures to protect the personal information provided by the Participant against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access.
26. The Participant shall not impersonate any other person and/or shall not suppress any material information while providing their personal information. The Participant shall furnish only such data as is verifiably authentic. In the event the personal information shared is false/ /or unauthenticated, then ZEEL shall have the right to forthwith disqualify such Participant and his/her Entry shall immediately be considered null and void.
27. The Participant has the right to review his/her personal information for deficiencies and inaccuracies, and request ZEEL to correct or amend the personal information, to the extent deemed feasible by ZEEL. Additionally, the Participant may withdraw his/her consent towards usage of such personal information by ZEEL and may communicate their request via email (contact details maybe found under clause 30 below). ZEEL shall delete/ erase all such information of such Participants within 365 (three hundred and sixty five) days of such intimation subject to internal policies and as per applicable laws. Upon any such withdrawal of consent or request to review and correct or amend the personal information, ZEEL shall be entitled to disqualify the Participants entry and/or participation in the Contest, as deemed fit and necessary by ZEEL at its sole discretion.
28. The Winner hereby waives any and all rights and undertake that they shall not object to ZEEL’s use of the Entries in relation to the Contest. The Winner grants an irrevocable right to use the attributes of the Winner as deemed fit by ZEEL in relation to the Contest.
V. OTHER TERMS
29. In case of any dispute or difference in respect of this Contest, Terms And Conditions, etc., the decision of ZEEL shall be final and binding on all concerned. No correspondence disputing this Contest, Terms And Conditions, decision relating to the Winners, any decision of ZEEL,. will be entertained by ZEEL.
30. All rights, title, claim and interest, including but not limited to the intellectual property rights, in the promotional material(s)/activity and in any and all Entries of the Participants’ received shall vest solely and exclusively with ZEEL throughout the world in perpetuity. The Participant/Winners agree and acknowledge that ZEEL or any person or entity permitted by ZEEL in this regard shall be entitled to the unrestricted use of the Entries received or any information in connection with the Entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and/or payment to the Participant/Winners. The Participant/Winners shall not dispute the same at any stage. The Participant/Winners hereby further undertake to do any and all acts and execute any and all documents in such manner and at such locations as may be required by ZEEL in its sole discretion in order to secure, protect, perfect or enforce any of the rights of ZEEL pursuant to this Contest and/or Terms And Conditions. In the event the Participant/Winners fail to do so within 2 (two) days of receipt of a request from ZEEL to do or perform an act or execute a document, ZEEL shall be entitled to exercise the same in place of the Participant as the lawful appointed attorney and the Participant undertakes to affirm, ratify and be bound by such exercise of the right by ZEEL as mentioned hereunder.
31. Any clarifications that the Participant may require or any complaints that the Participant may have with respect to this Contest shall be emailed to zeezest@zee.com
32. ZEEL reserves the absolute right to modify, amend or alter the rules governing Contest in its sole discretion without giving any prior notice. The updated Terms governing the Contest will be published by ZEEL at the same website where the original Terms And Conditions are published. It shall be the sole responsibility of the Participants to check the Rules and Regulations of the Contest on the aforementioned website.
33. The interpretation and implementation of the Terms And Conditions shall be at the sole discretion of ZEEL. The decisions of ZEEL shall be final and binding with respect to the Contest, and not subject to challenge or appeal.
34. The Participant hereby acknowledges that he/she has completely read and fully understood the above Terms And Conditions and agrees to abide and be bound by them and all information given by the Participant is true and correct. The Participant shall be responsible and liable to indemnify ZEEL against any loss/damage/claims etc. arising due to any misconduct, violation or misrepresentation or incomplete information provided by the Participant.
35. Each provision of this Terms And Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
36. Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and ZEEL.
37. If any provision of these Terms And Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms And Conditions and the remainder of the affected provisions shall continue to be valid.
38. The Terms And Conditions shall be governed, interpreted by and construed in accordance with the laws of India and the Courts of Mumbai, India shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon these Terms And Conditions.
39. The Participant acknowledges that any and all Entries submitted for the Contest shall be publicly viewable. The Participant shall not (and shall not cause or permit others to) at any time, either during the continuance of the Term of the Contest under this Agreement or thereafter, disclose any story, title, Entries submitted by the Participant to the public or any third parties. Notwithstanding the foregoing, the Participant agrees and acknowledges that ZEEL and/or any party authorized by ZEEL shall be entitled to have access to the Entries at all times during the Contest. The Participant acknowledges that the Entries are not being submitted/ disclosed to ZEEL in confidence.
40. The Terms And Conditions of and in relation to the Contest as stated herein, is an electronic record in Terms And Conditions of Information Technology Act, 2000 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.
41. Participants shall be solely responsible for any costs and expenses incurred towards internet connection charges, e-mail transmission charges, data transfer (send/receive) charges, mobile connection charges or other incidental costs or expenses as may be applicable, inclusive or exclusive of any other service charges, applicable taxes, levies, duties, cess, etc. depending upon the service provider.
42. If the Participant is found indulging in any malpractices such as cheating, misrepresentation, providing false information then the Entry of such Participant shall not be taken into consideration and strict legal action may be taken by ZEEL against such a parent or legal guardian of the Participant. ZEEL further has the right to withdraw the Contestant’s participation in the Contest in the event ZEEL believes or has reasons to believe that the Contestant is (i) legally disabled (ii) had or has a criminal record (iii) has been involved in any moral turpitude including but not limited to sexual harassment, fraud etc.
43. The Participant represents and warrants that there is no alleged, threatening, or pending litigation related to him/her which will impact ZEEL in any manner.
44. Nothing stated in this Agreement shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision of this Agreement and any material statute, law, ordinance or regulation contrary to which the Parties have no legal right to contract then the latter shall prevail but in such event the provisions of this Agreement so affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
45. If any provision of these Terms And Conditions is deemed invalid by any law or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms And Conditions, which shall remain in full force and effect. No waiver of any term of these Terms And Conditions shall be deemed a further or continuing waiver of such term or any other term, and ZEEL’s failure to assert any right or provision under these Terms And Conditions shall not constitute a waiver of such right or provision. ZEEL reserves the right to amend these Terms And Conditions at any time and without notice, and it is the Participant’s responsibility to review these Terms And Conditions for any changes. The Participant’s use of the website following any amendment of these Terms And Conditions will signify its assent to and acceptance of its revised Terms And Conditions.
46. ZEEL does not make any commitment, express or implied, to respond to any feedback, suggestion and, or queries of the Participant at any stage.
47. The Participant represents, warrants and agrees that the Participant shall at all times be in full and complete compliance with all applicable laws, statutes, acts, rules, customary norms.
48. Any Entry submitted by the Participant in connection with the Contest shall be irrevocable and not subject to challenge or appeal.
49. ZEEL reserves the right to withdraw and/or postpone the Contest without giving any prior notice to the Participant(s). Such decision shall be final and binding on the Participant(s) and the same shall not be disputed and/ or challenged in a court of law or otherwise.
50. The Participant acknowledges that he/she has voluntarily chosen to participate in the Contest at his/her free-will without being under any coercion or duress, individually and jointly, and is willing to bear all risk, costs and consequences arising from such participation in the Contest.
51. The Participant or any person related to them shall not attempt to gain unauthorized access to the Participant accounts, servers or networks connected to ZEEL’s services by any means including but not limited to disrupt ZEEL services by uploading content which contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource. The Participant or any person related to them agrees not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support ZEEL or ZEEL services.
52. ZEEL, and any of its representatives, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies shall not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Entries (b) electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any disruptions, injuries, losses or damages caused by events beyond the control of ZEEL.
53. Neither ZEEL nor the Platform shall be responsible in case of any kind of network problem, technical failure whatsoever and/or the data charges/costs charged by the network operator(s) and/or any other problems in connection with submission of the Entry or any kind of problems in relation thereto and the same shall not be disputed or challenged.
54. ZEEL is empowered to take a decision on any case not covered by the present Terms And Conditions and the said decisions shall be considered as final and binding on the Participants.
55. These Terms And Conditions, together with any other terms of use, privacy policy on any platform of ZEEL, constitute the entire agreement between the Participant(s) and ZEEL in relation to the Contest and supersede all previous agreements in respect of the Participant’s participation. In the event of any inconsistency between any Terms And Conditions contained herein and any other terms of use, privacy policy on any platform of ZEEL, the terms under these Terms And Conditions shall control and govern to the extent of such inconsistency or ambiguity.
56. The employees, the immediate family members (spouses, partners, parents, grandparents, siblings, children, and grandchildren) of the employees, representatives, agents etc. of ZEEL and/or its affiliates, associates, and/or group companies, advisors, advertising agencies etc. are strictly prohibited from participating in the Contest.