TERMS AND CONDITIONS
BE A PLAYER ONLINE GAME (“Activity”)
- 1. Viacom18 Media Private Limited (hereinafter referred to as “Organizer(s)/Viacom18“) is conducting the Activity (as elaborated hereinafter).
- 2. This Activity will invite participation in the ‘Be the Player’ online game (“Game”) on the Colors Cineplex website at – https://www.colorscineplex.com/in/legendscup/be-a-player/ (“Website”). The participants need to login via their Facebook and/or Google account (“Participants”) and access the Game from the Website.
- 3. The Terms and Conditions of and in relation to this Activity 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. This is a legal and binding agreement between the Participant (as defined hereinafter) and Organizer, that states the terms that govern the Participant’s participation in the Activity by visiting the Website and logging through his/her Facebook account and/or Google Account or any other platform as communicated hereunder. By participating in the Activity, 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. These terms and conditions contained herein shall subsist until the Activity Period and /or any such extended duration as may be deemed fit by Organizer and hence, the rules shall continue to apply on the Participants.
- 4. The Activity Period shall commence from 5 March 2020 and shall be valid up to 15 April 2020 (tentatively) or for a period as determined by Organizer. The Activity Period may be extended and/or modified at the sole discretion of Organizer and the same shall be updated on the Website at the discretion of Organizer and the Participants shall be responsible to keep themselves updated by checking the terms and conditions/any amended terms and conditions with respect to any change /modification made in the terms thereof and any and all such modifications shall apply to all the Participants. The Participant can participate and upload his/her Activity response during the Activity Period.
- 5. Eligibility criteria to participate: Any individual person meeting the following criteria as stated below can participate in the Activity:
- (i) Who is an Indian national(s) residing in India and is open for all individuals above 10 years of age.
- (ii) The Participant agrees that he/she will be required to submit all valid proofs of name/ age/ address/ nationality/citizenship and/or any other document if and as may be required by Organizer from time to time.
- 6. Mechanism for Activity: The rules of the Activity are as more particularly set out in Schedule I annexed hereto.
- 7. By virtue of registration, the Participant hereby agrees to the following conditions and undertakes as follows:
- (i) That the Participant is competent to contract and does not suffer from any disqualification or such other infirmity which may cause the contract to be void or voidable at the option of the Participant (incase of a minor, the terms as mentioned in the General Terms below shall apply).
- (ii) The Participant confirms that he/she is an adult and is entitled to enter into a valid agreement. The Participant acknowledges that he/she has voluntarily chosen at his/her free-will to participate in the Activity and is willing to bear all risks, costs & consequences arising from such participation in the Activity and/or the Program.
- (iii) Employees of Organizer and/or their associates and affiliate companies/ sponsors / associates of Organizer, will not be qualified for the participation in the Activity and requested not to register for the same.
- (iv)The registration does not guarantee the selection of the Participant as a winner and such selection including the selection criteria /process shall be as per the sole discretion of Organizer, at all times. The Participant shall not and waives any right to question the selection/evaluation process, non-selection of the application / entry and/or the selection of any other applicant/participant.
- (v) The number of Participants to be selected shall be at the sole discretion of Organizer at all times and decision of Organizer shall be final and binding.
- (vi) No requests for participation shall be entertained by Organizer after the Activity Period. Organizer reserves its right to reduce / extend the Activity Period and amend the terms stated herein, as per its discretion at any point of time. The Participant acknowledges, agrees and undertakes to abide at all times by all the rules, regulations, terms and conditions for this Activity as laid down herein and as determined / modified from time to time by Organizer.
- (vii) If required, the Participant will be required to sign / execute a declaration form for participation in the Activity and these terms and conditions alongwith the terms of the declaration form, if any as required by Organizer shall govern the Participant’s participation in the Activity.
- (viii) The Organizer shall have the sole discretion to discontinue/cancel the Activity at any point of time and the Participant shall not raise any claim due to such discontinuation or cancellation at any time whatsoever.
- (ix) Taking part in the registration process shall be deemed to be consent by the Participant to receive promotional messages about the shows and programs of Organizer and messages relating to the Program from Organizer and/or any third party so authorized by Organizer.
- (x) In the event of any violation to the aforementioned or in case it comes to the knowledge of Organizer that the details submitted by the Participant in the application are not correct, the Participant may immediately be disqualified from being considered to be a Participant for the Activity and shall solely remain liable for any action (criminal/civil) arising therefrom.
- (xi)The Participant hereby agrees to indemnify Organizer and its respective affiliates, sponsors, associates, partners, directors, officers, employees, agents, representatives from and against any claims that might arise from their actions or omissions or arising from any misrepresentation, or concealment of material facts or breach of any representations, obligations or terms as stated herein.
- 8. Gratification
- (i) The top 150 (One Hundred Fifty) participants on the leader board at the end of the Activity Period shall be declared as winners (“Winner(s)”). The Winners shall be gratified with the following:
(a) Winners from the Activity, who are Mumbai and/or Pune region shall be gratified with a team jersey of the Road Safety World Series League 2020 (“Jersey”) and;
(b) Winners from the Activity, who are from rest of India (i.e. other than Mumbai and/or Pune region) shall be gratified with 2(two) BookMyShow movie vouchers worth Rs.250/- each (“BookMyShow Voucher”).
The Jersey and BookMyShow Vouchers shall hereinafter together be referred to as the “Gratification”.
- (ii) It is agreed that the terms of the “BookMyShow” shall prevail over the terms herein, with respect to the BookMyShow Voucher gratification. Any dispute with respect to the BookMyShow Voucher, shall be directly dealt with BookMyShow, without any claim and/or liability on Viacom18.
- (iii) The Winner(s) shall be declared and/or contacted on the social media pages and website of Colors Cineplex at the end of the Activity Period, tentatively between 15 April 2020 – 20 April 2020 and/or upon any dates as decided by Viacom18.
- (iv) The Organiser shall distribute the Gratification, within 2-3 days from the date of declaration of the Winner(s) and/or as soon as possible and by any manner, as it deems fit.
- (v) The Participants acknowledge and agree that the Gratification shall be provided on an “as is basis” and the Participant further undertakes to agree that the Participant shall be responsible and liable to avail the Gratification within the validity period and in the manner and as per terms stated therein, if any. The Participant who wins the Gratification shall be solely responsible and liable at his /her cost to collect the same. The Organizer, its affiliates, agents/representatives do not give any guarantee/warranty with respect to the items being provided as Gratification. Organizer shall/may engage a third party (‘Organizer’s agent/representative) who shall be contacting the Winners (as defined hereinafter). The Winners may be required to collect their Gratification at his/her sole costs from such place as communicated to the Winners or the Gratification will be sent to the Winner’s address as communicated by the Winner to Organizer or Organizer’s agent/representative. The Organizer and/or its affiliates / agents/representatives / partners are not under any obligation whatsoever to either replace the product with a similar product or any other product as Gratification / prize.
- (vi) Once the Winners have been communicated about their win, it shall be the responsibility of such Winners to ensure that all the correct personal details such as name, address, telephone number, mobile number, email id, etc. is provided to Organizer and/or its representative. The Winners shall not be entitled to receive another prize /gratification in event of non-availability of such Winner/s at his/her residence or place (as communicated to Organizer and/or its representative at the time of providing address). No correspondence from the Participants shall be entertained by Organizer in relation to any matter/dispute related to the Gratification.
- (vii) Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time-to-time, arising out of Gratification, if any, shall be borne and paid by the respective Winners and no monies will be reimbursed by Organizer at anytime whatsoever. In case the Winners fail to comply with the applicable laws or pay the requisite taxes, duties or levies, if any, such winning Participants shall indemnify Organizer of any losses, claims, expenses, costs and actions for the same.
- (viii) The Participant / user agrees to indemnify and hold Organizer, its affiliates, their directors, officers, employees, agents, partners, representatives, contractors, sponsors, and licensors/licensees harmless with respect to any claims arising out of Participant’s breach of any of these Terms and Conditions, the Participant’s / user’s use of the Activity/Game and/or any other platform as required by Organizer. The Participant /user agrees that he / she cannot sue or recover any damages from Organizer and/ or any of its directors, officers, employees, affiliates, agents, contractors, partners, representatives, and licensors/licensees as a result of Organizer’s decision to remove or refuse to process any Gratification/prize.
- (ix) The Gratification for all the Winners shall be non-exchangeable, non–encashable, non–negotiable, non-transferable, as the case may be and no communication received from the Participant/ Winners /any person / party shall be entertained by Organizer in this behalf. Only the winners and no other person /party can claim the Gratification for or on behalf of the Winners upon submission of such details and/or documents as required by Organizer to the satisfaction of Organizer. Organizer reserves the right to substitute the Gratification with any other product / item at its sole discretion, in case of non-availability / non-feasibility of the Gratification as stated above. The Participants / Winners understands and agrees that Organizer reserves the absolute right to change, amend, cancel, extend, withdraw, alter the terms hereof and/or Gratification, at any point of time alongwith increasing / decreasing the Activity Period and /or changing the rules / criteria of selection and/or changing the Gratification and /or amending any of the terms hereof at anytime and the Participants shall be solely responsible to check and keep themselves updated with respect to any change in the terms and conditions and all the updated terms and conditions shall continue to apply to all the Participants.
- (x) The Participants selected as Winners give the Organizer absolute and irrevocable right to use and publish the Winner’s photographs, names and city in the manner as deemed fit by Organizer.
- (xi) The Participant agrees that the Gratification /other gratification will be provided to and will be accepted by the Participants (who shall win the Activity) on an ‘as is’ basis and the Participants shall not raise any objection /claims of any nature whatsoever against Organizer at anytime in event of any damage caused to the products /items (being provided as Gratification). The Gratification shall be provided only after verifying the credentials of the winning Participants as required by Organizer and the process of selecting the winning Participants, providing / distributing the same shall commence only after the completion of the Activity Period.
- (xii) Mere participation in the Activity, does not / shall not entitle the Participants to win this contest / Activity or any prize / or Gratification/other gratification. The selection process may vary and shall be as per Organizer’s sole discretion. The Participants and/or any third party shall have no right to question the process of selection. Organizer shall solely determine the correctness, quality and validity of the answers including quality of the response (as the case may be) in its sole discretion and select such number of winning Participant/s as determined by Organizer (‘Winners’). Organizer’s decision with respect to selection of the Winners and any element in connection to this Activity shall be final and binding on all the Participants/users/any related person / party at all times.
- (xiii) After the Winners are notified of their win, the Winners will be required to provide requisite details and documents to Organizer / its agents or representatives, if and as may be required by Organizer. The Winners shall also be required to sign a release letter, if so required by Organizer in the format as may be required by Organizer. Any refusal to sign the release letter by a Winner shall result in the disqualification of such Winner and such Winner shall not be entitled to the Gratification (as the case may be), at the sole discretion of Organizer. Organizer may cancel the Gratification or the Activity or announce other winners in place of the originally announced Winners if any of the following occurs, and the originally announced Winners shall have no right or claim against Organizer, its affiliates, sponsors, representatives, in this respect and/or for any other reason whatsoever:
(a) The details/ documents of the Winners are not correct in the opinion of Organizer; or
(b) Details/ documents//photographs so required are incomplete, misleading or untrue; or
(c) The Winners do not sign the release letter /declaration as may be required, if any, by Organizer; or
(d) If the Winners do 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 Gratification.
- (xiv) The Participant/Winners undertakes to submit all valid proofs of name/ age/ address/ nationality/citizenship and/or any other document if and as may be required by Organizer from time to time in order to claim / avail the Gratification.
(xv) Organizer shall have the right, at its sole discretion, to change/modify/replace or cancel the Gratification as stated under these terms and conditions and the winners shall not have the right to claim any damages and/or monies from Organizer, its affiliates, sponsors, representatives, if any. By participating in this Activity, the Participants waive their right to make any claims against Organizer its affiliates, sponsors, representatives, etc.
- 9. General Terms
- (i) The Participants/ the Winner(s) shall comply with all the terms and conditions associated with the Activity, including but not limited to the Terms and Conditions mentioned herein and associated with Gratification.
- (ii) Participation by minors to this Activity 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 this Activity 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. In the event, any minor Participants is gratified, he/she shall at all times be accompanied by his/her parents/guardian.
- (iii) By participating in this Activity, the Participants hereby acknowledge and agree that they have read, understood, accepted and agreed to abide with all the Terms and Conditions of the Activity.
- (iv) These terms and conditions shall be construed in accordance with the laws of India and incase of any dispute or any other matter arising in reference to the Contest shall be subject to the exclusive jurisdiction of the Courts in Mumbai, Maharashtra, India.
RULES OF THE ACTIVITY
- • “Be A Player” is a basic cricket tournament game which can be played on website (desktop + mobile).
- • Once the Participant is on the game page, the Participant has to login via Facebook or Google and start playing the game.
- • After starting the game, the Participant can select his/her choice of team.
- • Post team selection the tournament starts where randomly a target score is given to the Participant, which needs to be achieved in given balls and wickets.
- • On winning the matches, the Participant collects certain points – which eventually sums up in leader board which can be seen by everyone. And basis of the leader board at the end of the Activity Period, the top 150 (One Hundred and Fifty) winners are selected.
- • A Participant can keep on playing the game as many times to earn the points to the Leaderboard.