TERMS & CONDITIONS
#20YearsofDora (“Contest”)
The Contest is organized by Viacom 18 Media Private Limited (“Organizer“) and is open to all individual participants (the “Participant(s)”) who shall, as on 24th February 2021:
(i) be at least 13 years or above in age;
(ii) be a citizen of India;
(iii) be a permanent resident of India;
(iv) shall have a valid personal Instagram Account (the “Personal Platform Account”), (such account shall not be a group account, meme account, blogs, business accounts, brand accounts, bots, landing accounts, video accounts, etc.)
(v) shall follow the official Instagram page of Nick Jr. India @nickjrindia. (“Organizer Account”)
1. Participation by minors will be deemed as participation with the prior unconditional consent and knowledge of the Participant’s parents/guardian. It is made abundantly and evidently clear that such Participants are participating in the Contest with the consent and assistance of their parents/guardians. Accordingly, the Participants shall provide all the necessary documents/proof as required by the Organizer upon its request in this regard. The validity of such proof shall be determined by Organizer at its own discretion. All the Terms and Conditions, Rules applicable on Participants shall deemed to also apply on the parents/guardians of such Participants.
2. The Contest shall commence on 26th February 2021 and shall conclude on 27th February 2021 or any such date as decided by the Organizer (“Contest Period“). Contest Entries (as defined below) received after the Contest Period shall not be entertained and shall be considered ineligible for the Contest.
3. Mode of Participation: The Organizer shall, on its Organizer Account upload an animated story containing the images/animation of the character “Dora” and a pair of headphones, which shall keep moving on the screen. At one point the images/animation of Dora and the headphones will align in a manner which shows Dora wearing the headphones. At this exact point, the Participant must take a screenshot which captures Dora wearing the headphones (“Contest Entry”). To participate in the Contest, the Participant will be required to submit the Contest Entry. The Contest Entry shall be made by the Participant by logging on to their Personal Platform Accounts during the Contest Period and by doing all of the below mentioned acts:
3.1 Upload/ post a story of the Contest Entry on their Personal Platform Account (the “Contest Post”).
3.2 The Participant shall tag the following pages/accounts on the Contest Post:
(i) @nickjrindia,
(ii) @macmerise, and
(iii) @Viacom18store.
4. The Contest Entry shall not be in any other format now known or hereinafter identified, other than a screenshot.
5. Specific Representations and Warranties
Each Participant or Participant’s parents/guardian represents and warrants that;
a. his/her participation is voluntary with his/her own free will and consent and is not forced to participate in this Contest;
b. all the personal information, detail, statement provided to the Organizer are true, correct, accurate and complete.
c. he/she shall not use multiple Personal Platform Account for participation in the Contest.
d. he/she has read and accepted these Terms and Conditions.
e. that he/she will comply with all the Rules associated with the Contest including but not limited to the Terms & Conditions mentioned herein and associated with the Prize (if applicable), and the Participant shall be liable for any breaches/violation/non-compliance.
f. the Participant’s Personal Platform Account and the Contest Entry is and will be in adherence and compliance to all the community guidelines, rules, terms, policy that have been published by Instagram (“Platform”), along with any additions, modifications, renewals, revisions to the Platform terms that may come into existence in the future. The Organizer shall not be responsible or questioned or made liable for any acts of Platform, which may in addition to other acts, include termination, temporary or permanent suspension or take down of the Personal Platform Account and/or deletion/removal and/or take down of the Contest Entry.
g. the Contest Entry provided by the Participant shall not offend any person, be obscene, vulgar, defaming, denigrating women, artist, celebrity or children, hurting religious sentiments, depicting violence, or against the public policy of India or/and the internal policies of the Organizer.
h. the Contest Entry shall be original and shall not be in breach of any third-party rights including but not limited to any rights in any copyrighted works and underlying works, that it shall in no manner infringe any rights including but not limited to the copyright trademark, privacy, publicity or other personal or proprietary rights of the Organizer and/or any third person/party.
i. that no license fee, royalties, charges, etc. are payable to any person/party/copyright society anywhere in the entire world, in relation to the Contest Entry and all rights are cleared.
j. that the Contest Entry(s) shall be suitable for presentation in a public forum, in sole determination of the Organizer.
k. Contest Entry shall not promote or advertise or tag any product(s), service(s) or brand(s), other than what is permitted under this Terms and Conditions.
l. Contest Entry(s) shall not contain content that depicts alcohol or tobacco or drugs or anything illegal. Contest Entry(s) shall not in any manner depict or encourage harm or injury to any person, party, animal.
m. he/she shall not without the prior written consent from the Organizer publish or disclose any information in connection with the Contest or Prize, including without limitation to any representatives of media in any form whatsoever.
n. the Participant will be solely responsible and liable to ensure that any and all comments, replies, reposts, made to their respective Contest Entry by any third party (except the Organizer), is in compliance and adherence with these Terms and Conditions applicable on the Contest Entry.
6. In the event of any violation/breach to any of the aforementioned representation and warranties and any other term or condition, the Participant(s) shall at the discretion of the Organizer be disqualified from the Contest with immediate effect. The Organizer reserves the right to delete/remove any Contest Entry that violates these Terms and Conditions. By participating in the Contest, the Participant also agrees that they shall solely be liable for any and all action (criminal/civil) arising therefrom and shall also be liable to indemnify the Organizer, for any loss, expense, liability, claim, dispute, disrepute, disruption caused to it, including attorney fees.
7. By participating in the Contest, the Participants agree to be bound by any rules, regulations, guidelines or policies (“Rules“) associated with the Contest and agree to be bound by any decisions made by the Organizer, including any interpretations of such Rules by the Organizer.
8. The Terms and Conditions of and in relation to this Contest as stated herein, is an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008 and as amended from time to time. This is a legal and binding agreement between the Participant and Organizer, that states the terms that govern the Participant’s participation in the Contest through Platform. By making the Contest Entry, the Participant agrees to have read and understood the terms and conditions and hereby unconditionally consents, agrees and undertakes to abide, be bound by and adhere to the terms and conditions stated herein.
9. The Organizer reserves the right to disqualify the Participants immediately from the Contest if Participants have supplied untruthful, inaccurate, incorrect or misleading details and/or information, of any nature and/or have failed to abide by the Rules and/or are in breach of the terms hereof.
10. Selection of a Shortlisted Participant: After the end of the Contest Period, the Organizer shall shortlist the first 2 (two) Participants, who have submitted/posted the Contest Entry as per the mode of participation which in the sole opinion of the Organizer is in accordance with the Contest Rules and the Terms and Conditions (“Shortlisted Participants”).
11. The Shortlisted Participants shall be contacted by the Organizer for verification. The Shortlisted Participants shall be required to immediately provide the Organizer with all such information as asked for by the Organizer (including but not limited to mobile number, e-mail address, residential address etc.) and shall also be required to provide any or all of following documents in its original form or copies, as per the Organizer’s request, within 24 hours of such request by Organizer or such shorter period as communicated by the Organizer, which shall include: personal and residential identification proofs such as a) Passport, b) PAN card, c) Aadhar card, d) Birth Certificate/Identify certificate from school, e) copy of NOC/consent of guardian/parent, f) such other documents as may be required by the Organizer from time to time, in such manner as required by Organizer.
12. After the Shortlisted Participants are notified of his/her selection, the Shortlisted Participants shall be required to provide requisite details and additional documents as may be required by the Organizer. The Winner would also be required to sign a release letter, confidentiality agreements/letters in the format required as may be determined by the Organizer. Any refusal to sign the release letter, confidentiality agreement/letter or any other document (at the request of Organizer) by the Shortlisted Participants would result in the disqualification of the Shortlisted Participants and such Shortlisted Participants shall not be entitled to be considered as a Winner. The Organizer may at any time cancel the Prize or the Contest or select other Shortlisted Participant in place of the originally selected Shortlisted Participants or select another Winner in place of the originally announced Winner, if any of the following occurs, and the Shortlisted Participants and/or the Winner shall have no right or claim against the Organizer in this respect or for any other reason whatsoever:
(i) The documents or details of the Shortlisted Participant/Winner are not correct in the opinion of the Organizer; or
(ii) documents so required are incomplete, misleading or untrue; or
(iii) the Shortlisted Participant/Winner does not sign the release letter, or any other document required, if any, by the Organizer; or
(iv) if the Shortlisted Participant/Winner does not agree to abide by any of the Rules, terms and conditions as specified herein or at any time hereafter including at the time of availing the Prize.
13. The Organizer shall post successful verification determine whether the Shortlisted Participant is eligible to be considered as a Winner (the “Winner”). A total of 2 (two) Winners shall be chosen by the Organizer. The Organizer shall directly communicate to the Winner of his/her win through email/direct message via the Personal Platform Account of the Winner on or before 3 days after the end of the Contest Period.
14. If applicable, the parents/guardians of such Winner(s) shall be required to sign the release form and other documents in the format required by the Organizer, for and on behalf of the Winner(s). Further, such Winner(s) shall be required to submit to the Organizer, a document evidencing the fact that his/her participation in the Contest was approved by and was subject to the prior unconditional consent and knowledge of his/her, parents/guardian.
15. Mere participation in the Contest and making the Contest Entries or being selected as a Shortlisted Participant does not entitle the Participant(s) to win the Contest or the Prize. The selection process may vary and shall be as per the Organizer’s sole discretion. The Participant(s) /Winner(s) / Shortlisted Participants and/or any third party shall have no right to question the process of selection of the Winner. The Organizer may determine the correctness, quality and validity of the Contest Entry at its own sole discretion.
16. Selection of a Participant as a Shortlisted Participant and/or as a Winner shall not relieve them of the Terms and Conditions applicable on Participant. For avoidance of doubt the Terms and Conditions shall be applicable on the Winners and Participants irrespective of the change in their status from a Participant to a Shortlisted Participant and/or a Winner.
17. The Organizer may at its discretion publicly announce the names of the Winner.
18. The “Prize”: Each Winner shall after thorough verification, be eligible to receive products and/ or vouchers worth up-to Indian Rupees Two Thousand only (INR 2000/-) sponsored by Macmerise Celfie Design Pvt. Limited (“Sponsor”).
19. The Organizer shall have the right, at its sole discretion, to change/modify/replace or omit the Prize listed above and the Winner shall not have the right to claim any damages or monies from the Organizer. The Prizes shall, at the discretion of the Organizer, be distributed by the Organizer or may be collected by the Winner at such dates, times and locations as specified by the Organizer, which dates shall be four weeks (4 weeks after the dates on which the Organizer has received the collection address from the Winner for collecting/receiving the Prize.
20. All costs and expenses not specifically covered by the Organizer and not set out herein shall be solely borne by the Winner and no monies will be reimbursed by the Organizer. Organizer takes no responsibility, liability or any other expenses for the Winner eligible to receive the Prize. Organizer shall not be responsible or liable in any manner whatsoever for any incident, accident that may occur during the course of the Winner’s travel to or from or during the collection of the Prize. Organizer shall not be liable for any expenses towards travel, boarding, food and beverages and/or any other cost that may be incurred by the Participant/Winner for participating or availing the Prize.
21. For the purpose of clarification and avoidance of doubt, the Prize does not include any personal expenses of the Winner. The Winner shall be responsible for any additional expenses/incidental expenses required to be incurred to avail the Prize and/or incurred otherwise.
22. The Organizer shall not be responsible for any loss of entries for any reason, whatsoever including, due to any problems caused by telephone lines, service providers, network breakdowns, computer service delays, interruptions, network failures or overloads, or for lost, misdirected or misplaced entries, or for entries received after the Contest Period or for any reasons beyond the control of the Organizer.
23.In the event of unforeseen circumstances beyond the control of the Organizer, and the Prize not being made available to the Winner or the said Contest/ Prize being cancelled, the Winner shall not have the right to claim any damages or monies from the Organizer and Sponsor, and by participating in this Contest, the Winner waives his/her right to make any such claims against the Organizer and Sponsor.
24. Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time-to-time, arising out of the Prizes, shall be borne and paid by the Winner. In case the Winner fails to comply with the applicable laws or pay the requisite taxes, duties or levies, if any, the Winner shall indemnify the Organizer and Sponsor of any losses, claims, expenses, costs and actions for the same.
25. The Participants/Winner acknowledge that they do not have any medical, physical and/or emotional condition which can jeopardize their eligibility for participation in the Contest or collection of the Prize.
26. The Winner acknowledges that the Organizer and Sponsor shall not be liable for any mishap, injury, accident, untoward incident, physical harm of any nature, death, loss of life or limb, etc., caused to them, including, either before, during or after availing the Prize; or before, during or after the Contest; or while traveling to or away from the location pursuant to collection of Prize; and no such accident (etc.) will be attributed to the Organizer and Sponsor, and the Organizer and Sponsor shall not be held responsible for the same nor shall the Organizer and Sponsor be liable to indemnify or make good any claim being raised against it, for whatsoever nature.
27. The Prize shall not be transferable, negotiable and/or redeemable for cash. No request shall be entertained by the Organizer in this behalf. Only the Winner and no other person can claim the Prize for or on behalf of the Winner, except. Prize not honoured as required or otherwise not claimed within delivery of notification or otherwise if the Winner is not available on date, time and venue as indicated by the Organizer, the Prize will be forfeited and awarded to an alternate winner unless otherwise stated. No request shall be entertained by the Organizer in this behalf and Organizer decision shall be final.
28.Employees (including their immediate family) of the Organizer, its affiliates and associates and sponsors, are not permitted to participate in the Contest.
29. To enable registration of a Participant and/or to make the Prize available to the Winner, personally identifiable information which shall include without limitation name, complete address, date of birth, citizenship details, passport details, email address, Personal Platform Account name/handle (as applicable), etc. of the Participant and/or Winner (“Personal Information“) will be collected by the Organizer to enable the Organizer to administer and promote this Contest. If Participants/Winner do not truthfully provide all requested Personal Information, the Organizer may determine that such Participants/Winner are not eligible to win the Prize in this Contest.
30. The Personal Information of the Participant/Winner shall be provided by the Organizer to the extent allowed by law, to others assisting the Organizer in this regard, including its affiliates, associates, authorities, agents, sponsors, employees, prize suppliers, distributors, deliverers and service providers (as applicable).
31. The Participants hereby agree and undertake that mere announcement/declaration of being announced as a Winner shall not entitle him/her to the Prize. Only upon fulfilling all Rules mentioned herein, to the satisfaction of the Organizer, including compliance with all precautionary measures and agreeing to the terms of the release letter, shall the winning be validated. It is the Participants’/ Winner’s responsibility to ensure that their Personal Information is always updated and accurate in order to be able to receive the Prize/ notification in time.
32. The 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 favor, of any kind whatsoever, to facilitate their winning the Contest. Any knowledge of such an act shall lead to immediate disqualification of such Participant(s) and the Organizer shall be entitled to take any/all actions against such Participant(s), as deemed fit by it.
33. The Organizer and Sponsor shall not be responsible for the quality or deficiency of the Prizes and no claim or request, whatsoever, in this respect shall be entertained by the Organizer and Sponsor.
34. The Organizer shall not entertain any questions, correspondence, enquiries on the manner of conduct of the Contest and grant of the Prize from any party whatsoever.
35. It is clarified that the Winner/Participant shall, in no circumstance, have any rights or claims against the Organizer.
36. The Organizer is not responsible for any errors or omissions in the Terms & Conditions contained herein. All information provided in the Contest is provided “as is” without warranty of any kind. The Organizer makes no representations and disclaims all express, implied and statutory warranties of any kind to the Participant(s) and/or the Winner(s) and/or any third party including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
37. Under no circumstance, shall the Organizer and/or its parent, subsidiaries, associates, affiliates and group entities, and their respective directors, employees, officers, agents or representatives be liable to the Participant(s) and/or the Shortlisted Participant(s) and/ or the Winner(s) or any third party for any lost profits or lost opportunities, indirect, special, consequential, incidental, or punitive damages whatsoever, even if the Organizer has been advised of the possibility of such damages. The Participant(s), Shortlisted Participant(s) and the Winner(s) 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 against the Organizer, its parents, subsidiaries, associates, affiliates and group entities, and their respective directors, employees, officers, agents or representatives to claim any damages or relief in connection with the Contest.
38. The Organizer may, at any time, at its discretion, cancel the Contest, change these Terms & Conditions, the Rules and/or the Prize mentioned herein, without prior notice, and the Participants/Winner acknowledge that such change shall be final, binding and irrevocable upon them.
39. The Participants/ Winner acknowledge that they will not hold the Organizer and/or any of its affiliates or agencies engaged by it with regard to this Contest liable for any loss of opportunity and/or monetary loss due to their participation in the Contest.
40. The Participant/Winner represents and warrants that he/she has an unconditional right and authority to participate and submit the Contest Entry and to grant Organizer the right to use, broadcast on its channels and/or digital/social media platforms and all such modes, media and formats whether now in existence or which may come into existence in the future, as determined by the Organizer at its discretion, the Contest Entries (including the image of the Participant and such other details as may be submitted to participate in the Contest. By participating in the Contest and accepting the Prize, the Participants and/or Winner waive all copyrights and any related rights and consents of the Organizer’s right to click photographs, take pictures, shoot audio-visuals, tape, record, exhibit or portray them as the as or Winner/Participants and/or publish any Contest Entries content submitted by them or video shoot them availing of the prize. The Participants and/or the Winner further grant irrevocable consent in perpetuity to use, edit, exhibit, publish and/or exploit the aforementioned (including but not limited to the Contest Entries and any form of other contribution), in any and all applications including advertising, commercials, promotion, stories, text, illustrations, articles and commercial exploitation, throughout the world, in any and all media, mode or format whether now existing or hereinafter developed, including but not limited to radio, broadcast and television, newspapers, magazines, and electronic media, at any time without the Participants’ and/or Winners’ further knowledge or consent and without any compensation whatsoever.
41. Any photographs, Contest Entry, audio visual recordings, audio / video clips, performance executed (including audio and video), musical recordings (audio and video), content, materials, audio / video clips, bytes, etc. provided/uploaded/ submitted by the Participants for the purpose of this Contest and any works created featuring the Winner/Participant (‘Content’) shall upon creation /submission be deemed to have been assigned exclusively, in perpetuity, and throughout the entire world, in favor of Organizer and shall become the property of Organizer and accordingly all intellectual property rights including copyrights as per the Copyright Act, 1957 and/or any other equivalent provision thereof under applicable laws, in the Content shall vest with the Organizer and Organizer shall have unfettered exploitation rights in and to the Content, through any and all modes and medium of exploitation, throughout the world in perpetuity. The Participant expressly agrees to his /her subsequent participation, if any being recorded and telecast as a part of the programs of Organizer or otherwise and/or for promotion of the programs and/or on a stand-alone basis, as required by Organizer through any mode, mediums and formats, whether existing now, or developed in future (“Recording”) and all the all rights (including intellectual property rights) in and to such Recording shall be deemed to have been assigned exclusively, in perpetuity, and throughout the entire world, in favor of Organizer.
42. The Organizer shall have complete rights as described above including but not limited to download the Contest Entry to edit, alter or modify the entry or any parts thereof, to ensure that the Contest Entry complies with the technical specifications, and is otherwise suitable for exhibition to the general public, and for ensuring compliance with any applicable censorship or other laws anywhere in the world and to store the Contest Entries on its server or such other servers as may be authorized by Organizer; and that in lieu of the license of the rights in the Contest Entry as aforesaid, the Participant shall not claim any payments or raise dispute on usage by the Organizer of same.
43. The invalidity or unenforceability for any reason of any part of these Terms & Conditions shall not prejudice or affect the validity or enforceability of the remaining parts and each part of these Terms & Conditions is distinct and at all times severable from the rest of the Terms & Conditions.
44. No waiver of any rights by the Organizer will be taken as a waiver of any other rights it may have. For instance, if the Organizer waives its right to object to a particular breach of these terms and conditions by a Participant/ Shortlisted Participant/ Winner, it does not prevent the Organizer from objecting to any other breaches by that Participant/ Shortlisted Participant/Winner and/or any other /Participant/ Shortlisted Participant/ Winner.
45. The Contest shall be subject to the exclusive jurisdiction of competent Courts at Mumbai and the law applicable shall be Indian Laws.
