Please read the following Terms and Conditions before participating in the Zee Zest Unlimited Awards conducted by Zee Entertainment Enterprises Ltd (“ZEEL”). By voluntarily participating, the Participants hereby agree to be bound by these Terms and Conditions and represent that they satisfy all of the eligibility requirements set out herein below.
“Zee Zest Unlimited Awards” (“Award(s)”) is organised and conducted by ZEEL and these terms and conditions (“Terms and Conditions”) set out herein govern the rules of the awards conducted by ZEEL at any location in India where the Participant(s) need to make themselves available as per the communications issued by the management responsible (“Zee Zest Team”) from time to time which will be telecasted on “Zee Zest” and such other channels and/or platforms owned and operated by ZEEL or any of its associate or sister concern or group companies (“Channel”).
By means of these Terms and Conditions, ZEEL is providing an opportunity to the interested individuals and establishments/ conglomerates/ companies (“Participant(s)”) to submit their entries by filling the complete application form on the website (defined below) (“Entry” or “Entries”) for the awards on terms more particularly described herein below, which Participant agrees to be unconditionally bound by:
I. ELIGIBILITY CRITERIA
1. The Participant should be a resident or citizen of India and/or the company must be incorporated under the laws of India or has its operations in India.
2. Individuals and companies servicing in sectors including but not limited to hospitality, cuisine, and travel may apply for participation in the awards.
3. The employees, the immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren) of the employees, representatives, agents etc. of the Zee Zest team, jury and partners of the awards are strictly prohibited from participating in the awards.
4. For the sake of clarity, any person who meets the eligibility criteria and adheres to all the Terms and Conditions shall be eligible to participate by submitting entries for the awards.
II. REGISTRATION AND PARTICIPATION
5. In order to participate in the awards, each Participant shall be required to submit his/her entry on the website https://zeezest.com/zeezestunlimitawards/participation (“Website”) along with any necessary supporting documentation/ information, that may be required.
6. The application form must be filled by the Participant in its entirety and in English language only.
7. The Participant will be solely responsible for the data provided and once submitted, the entry will be deemed final.
8. There shall be no refunds issued to the Participant once the entry is submitted.
9. Prior to start of the awards, the Participant must check that the website is operational and functioning correctly.
10. For the sake of clarity, in an event that a Participant may wish to submit two different entries for the same category, a separate application form must be filled for each entry.
11. The Zee Zest Team has the right to reclassify the entries from one award category to another, at its sole discretion and the same shall be non-disputable.
12. The submission of entry for the award shall start from 15th October 2023 and continue till 10th December 2023.
13. Zee Zest team holds the right to reject such entries which are not in compliance with specified technical and creative requirements (for example: received in an incorrect format/late/corrupt file etc).
14. It is hereby clarified that the Zee Zest team shall not be responsible for: (i) any delivery, failures relating to the registration or uploading videos/presentations; (ii) any SPAM generated messages as result of Participant accessing the website; (iii) Zee Zest team not receiving or rejecting any data; and (iv) 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 or other conditions/situations or failures beyond its control.
III. SELECTION PROCESS
15. For the purpose of clarity, submission of an entry by a Participant shall be deemed to be an offer by the Participant to the Zee Zest team to accept their participation and doesn’t guarantee a nomination in the awards.
16. All the entries submitted shall be subject to an elaborate screening process by a panel of judges (“Jury”) appointed solely by the channel. Such Participants shall be selected at the absolute discretion of the Zee Zest team and/or jury and shall be deemed final and binding and not open to be disputed.
17. The Zee Zest team and the jury may additionally nominate individuals/organisations/brands basis their credibility and achievement in the specific category of the awards on their own accord.
IV. TERMS AND CONDITIONS GOVERNING THE PROCESS
18. The interpretation and implementation of the Terms and Conditions shall be at the sole discretion of the Zee Zest team. The decisions of the Zee Zest team shall be final and binding, and not subject to challenge or appeal.
19. Zee Zest team shall not be responsible for any network/website/application-related issues that a Participant may face at the time of registration/submission of entries on the website.
20. Zee Zest team and/or through its authorized third-party personnel shall make reasonable attempt to get in touch with the shortlisted Participants through the contact details provided at the time of submission of entries. If the Participant fails to respond within 48 (forty-eight) hours of Zee Zest team attempting to contact the shortlisted Participant, the selection shall be invalidated, and the award maybe forfeited. The Zee Zest team and the jury at its sole discretion may select another Participant from amongst those who were shortlisted and qualified for the nominations. Zee Zest team shall not be responsible or liable for any technical disruption and/or failure/and/or any other difficulties of such nature, due to which Zee Zest team is unable to intimate the Participant.
21. The Participant by electing to participate in the awards, hereby explicitly consents and voluntarily submits to ZEEL and its affiliates/group companies the data such as name, sobriquet, photographs, images, likeness, voice, audio – visual, videos, recording, etc. (provided/ recorded by the Zee Zest team) amongst other information and data submitted voluntarily via entries made for participation. The Participant has been informed and is well aware of the usage of such data as per the Digital Personal Data Protection Act 2023 and the ZEEL shall have the liberty and unfettered right to exploit exclusively and in perpetuity to use all publish information contained in these entries for advertising, promotion, articles, marketing or otherwise in any other manner as they deem fit in any and all media forms, including but not limited to television, radio, print, mobile, internet, websites, mobile applications and/or any such media, technology in existence, whether now known and/or devised in the future, from time to time, in perpetuity for the entire world as ZEEL may deem fit at any time without the Participants’ further knowledge or consent. However, if the Participant requires his/her data or information to be removed and/or discontinue from ZEEL’s usage, he/she shall give the above request in writing to ZEEL.
22. The Participant hereby authorises the ZEEL to use the content submitted as part of the participation, in whole or in part and use and display such content and entry, which shall include trade publications, press releases, electronic or social media posting to any website, electronic hyperlinks to the website of the Participant, and/or any other display format selected by the Zee Zest team during the awards or at a later point in time as it may deem fit.
23. ZEEL agrees to take appropriate technical and organisational measures to protect the personal information provided by the Participant against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure, or access on a best effort basis. In any event, Participant agrees not to hold ZEEL responsible for any breach of security, except in case of negligence or wilful default on the part of ZEEL under the relevant legislation.
24. The Zee Zest team may, in its sole discretion, exclude a Participant from participating in any part of the awards on various grounds, which may include without limitation (i) circumstances which renders the Participant unfit to participate including but not limited to physical or mental incapacity, insolvency (ii) inability to produce documentation specified proving the identity of the Participant; (iii) entry in the wrong category (iv) tampered with the website, or any data/servers/database/etc. related to the awards. At no point of time will the Zee Zest team be obliged to notify unsuccessful Participants of its decision.
25. The winners who have won the awards (“Winner/s”) may receive a communication regarding the awards via email on the registered email id provided by them at the time of submission of entry on the website.
26. The Winners hereby agree that any in case of any disputes/ claims arising out of the award, the same shall be addressed directly to the Zee Zest team.
27. The Participant confirms that they have not been accused or convicted or otherwise involved in any criminal offense and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Zee Zest team in writing. Participant confirms that the Participant is not required to be present before any authority including policy or any court of law for a term of twelve (12) months from the date of application and has no other disability (whether physical, mental, legal or any other form of disability) which would prevent his/her participation.
28. The Participant shall not disclose any information whatsoever relating to the ZEEL to any other party. Violation of this clause shall immediately disqualify the Participant’s prospects of further participation along with legal action being initiated against them. The Participant shall at all times keep confidential all particulars and details regarding the awards.
29. The decision of the Zee Zest team and the jury in connection with the selection process shall be final and binding and is non-contestable. In case of any dispute or difference in respect of this screening, the decision of the Zee Zest team and the jury shall be final and binding on all concerned.
V. VALIDITY OF INFORMATION
30. Zee Zest may determine the correctness, validity, and appropriateness of the entries, at their sole discretion.
31. The Participant confirms the accuracy of all information provided by the Participant and shall be absolutely and completely liable for any inaccuracy and claims/expenses arising thereof including indemnifying the Zee Zest for any, costs, losses, damages incurred.
VI. LIMITATIONS AND LIABILITY
32. The Participant agrees to hold harmless and keep indemnified ZEEL, their agencies and their affiliates/subsidiaries/group companies, and jury against any and all liability, damages or causes of action with respect to or arising out of: (i) Participant’s participation in the awards (ii) the receipt or use of the prizes awarded; and (iii) the administration of the awards and the distribution of prizes awarded.
33. Participants hereby release, waive and discharge all claims of damage, loss or causes of action (including negligence) including but not limited to loss or damage to person or property which the Participant and his/her representatives or assignees may have, suffer or which may hereinafter accrue to the Participant or because of the Participant’s participation in the awards. Further, the Participant further agrees to indemnify the ZEEL, their agencies and their affiliates/subsidiaries/group companies, and jury against any claims that might arise from his/her works submitted to the Zee Zest team while participating in the award or due to any representations, misrepresentations or concealment of material facts by the Participant. To the fullest extent permitted by applicable law, the Participant hereby waives all claims against ZEEL for any indirect, incidental, punitive, remote and consequential losses/claims/damages.
34. The Participant hereby represents and warrants that the entry submitted by the Participant as well as any other data, information, submissions, material, details, images, etc. shall not be in breach of any third-party rights or defame/offend any person, religion, cast, etc. and that it shall in no manner infringe any rights including the copyright of a third person/party. In the event of any violation to the aforementioned, the Participant will be disqualified from the selection process with immediate effect.
35. In the event any of the following occurs, Participant shall not have any right or claim against ZEEL in this respect or for any other reason whatsoever:
35.1. The documents or details are not correct in the opinion of the Zee Zest team; or
35.2. Documents so required are incomplete, misleading or untrue; or
35.3. The Participant fails to provide/execute any document as may be required by the Zee Zest team.
36. Under no circumstance, shall ZEEL and/or their directors, employees, officers, be liable to any Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if Zee Zest Team has advised of the possibility of such damages. Each Participant 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 India against ZEEL and/or their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the awards.
37. To the maximum extent permitted by law, the Participant agrees to defend, indemnify and hold harmless the ZEEL from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from: (i) any project submission or other material uploaded or otherwise provided by Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Participant in connection with the awards; (iii) any noncompliance by Participant with these terms; (iv) claims brought by persons or entities other than the parties to these terms arising from or related to Participant’s involvement with the awards; (v) acceptance, possession, misuse or use of any award or participation in any awards-related activity or participation in the awards; (vi) any malfunction or other problem with the website in relation to the entry and participation in the awards by Participant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the awards by Participant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any award or winners in relation to the entry and participation in the awards by Participant.
VII. DISQUALIFICATIONS
38. Zee Zest team reserves the right to disqualify any entry immediately if any Participant(s) has supplied untruthful, inaccurate or misleading details and/or information, of any nature and/or have failed to abide by any of the rules and/or are in breach of the terms hereof.
39. Zee Zest team has the right to ask for proof of information provided/audit the information provided in the entry. If such a request has been made and the Participant does not agree, the Participant may be disqualified from participation at the awards, at the sole discretion of the Zee Zest team.
40. The Zee Zest team shall not be responsible for late/incomplete/corrupted/defective entries and/or which cannot be read or viewed for any reason, and such entries shall stand automatically disqualified. Zee Zest team shall not be responsible for any technical, physical, or other reasons the entry is not received or cannot be read/viewed/judged.
41. On conclusion of the awards, in a situation where any information provided by a Participant is found to be incorrect/ misleading, then the Participant shall be asked to return the award/any monies payable.
42. The entry submitted by the Participant is non-transferable and non-exchangeable.
43. Participants 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 favour, of any kind whatsoever, to facilitate them winning the award. Any knowledge of such an act shall lead to immediate disqualification of such Participants and ZEEL shall be entitled to take any/all penal actions against such Participants, as deemed fit by it.
44. In case the Participant is found to be in non-conformance of the Terms and Conditions and/or any of the terms of use, privacy policy etc., then Zee Zest team will be entitled to at its sole discretion disqualify the entry received from that Participant. Such decision shall be final and binding on the Participant and the same shall not be disputed or challenged. The Participant shall solely remain liable for any action (criminal/civil) arising therefrom.
VIII. MISCELLANEOUS
45. The Zee Zest team reserves the absolute right to modify, amend or alter the Terms and Conditions in its sole discretion without giving any prior notice. The updated Terms and Conditions will be published by the Zee Zest team on 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 awards on the website. 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. The Participant hereby acknowledges that he/she has completely read and fully understood the above Terms and Conditions and agree to abide and be bound by it and all information given by the Participant is true and correct. Participant shall be responsible and liable to indemnify ZEEL against any loss/damage/claims etc. arising due to any misrepresentation or incomplete information provided by the Participant.
47. Any clarifications that the Participant may require or any complaints that the Participant may have with respect to this award show shall be emailed to zeezest@zee.com
48. 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.
49. Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and ZEEL.
50. 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.
51. 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.
52. Participant represents, warrants and agrees that he/she shall always be in full and complete compliance with all applicable laws, statutes, acts, rules, customary norms.
53. ZEEL shall not be held accountable/liable for any disruptions/stoppages/interruptions or cancellation of the production of the awards on account of any force majeure factors or otherwise.
54. Both parties agree that this agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement, and that all modifications must be in a writing signed by both parties.
55. ZEEL, its affiliates, process advisors, contractors, partners and promotion are not responsible for technical, hardware, software, or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit Participants /Participant’s ability to participate, including any injury or damage to Participants or any other person's computer or mobile device relating to or resulting from participating in or downloading any materials.
56. Zee Zest team is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected answers, which will be disqualified.
57. No person (i.e., either the Participant, or any person on behalf of the Participant) shall initiate litigation against ZEEL or its partners in any manner without first providing ZEEL a notice with a copy of the complaint letter and providing ZEEL an opportunity to address the complaint.
58. None of the Participants shall, without the prior written approval of Zee Zest team, speak to any media persons or any third person or give any interviews relating to any aspect of the awards.
59. All the intellectual property rights with respect to the Participant(s) including but not limited to the copyright, rights of publicity, moral rights and any related rights shall stand waived and the Participant hereby agree not to claim or enforce any of the aforementioned rights in any court, tribunal or any other forum whether in India or anywhere.
60. The Participant (s) shall ensure that the photos or videos submitted by them in any public domain, or their performances shall not be obscene, vulgar, defaming, denigrating women, or children, hurting religious sentiments, depicting violence or shall not infringe the rights of a third person.