TERMS & CONDITION


The following are the terms and conditions governing the “Fun Dhan Dhamaal” contest (“Contest”) hosted by Star India Private Limited, through its division Fox Star Studios ("Fox Star") for the marketing and promotion of the film “Total Dhamaal” releasing on 22nd February 2019. The Contest shall be held on the URL https://www.foxstarstudios.com and shall commence from February 7, 2019 and ending on February 16, 2019 (“Contest Period”).

Any information gathered through this Terms and Conditions including the Entry shall be subject to Star India Private Limited’s Privacy Policy (as defined below) incorporated herein by reference.

Fox Star will have access to and collect information and data shared by the Participants including their personal information for the purposes of the Contest. By participation in the Contest, the Participants hereby consent to the collection, storage, disclosure, processing, transfer of and sharing of the Data (as defined below) by Star India, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at  http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By registering through Facebook and Gmail the Participant allows Fox Star to access the information available in the Participant’s Facebook account. The Participant can change this by changing the privacy settings for his/her Facebook account.

By participating it is deemed that the Participant(s) have read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions of the Contest and Privacy Policy. If you do not agree to be bound or cannot comply with any of the Terms and Conditions and the Privacy Policy, please do not continue. Your act of participating in the Contest shall be deemed to be your absolute agreement to the Terms and Conditions, Privacy Policy (incorporated herein by reference) of Star India Private Limited as prescribed from time to time. The Contest shall be governed by the Principal Rules and General Rules of these Terms and Conditions stated herein below, the Privacy Policy and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same.


(I) Principal Rules


(1) Eligibility

To be eligible to take part in the Contest, the Participants need to confirm to the following eligibility criteria: a) an Individual; b) an India citizen; c) residing in India; d) aged 18 years and above; e) legally eligible to enter into a contract; f) Must have either (i) valid Facebook ID (ii) Gmail Login (iii) a valid phone number to receive OTP (“Entry”). For the sake of clarity, it is hereby agreed to and confirmed by the Participant(s) that the abovementioned login IDs does not include any account opened and operated by a family member and/or friend of the Participant(s); (g) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. Employees of and/or consultants of and/or persons hired on contract by Star India and the members of their immediate family are ineligible from participating in the Contest.

(2) The Email id, Facebook account or phone number through which the participant enters in the Contest shall be the unique identifier for the respective participant. participants are advised to use Email or Facebook IDs or phone numbers to be clearly identifiable as the participant..

(3) CONTEST MECHANISM

The Contest is a game of knowledge and skill whereby the Participants would have to answer maximum number of questions popped up within sixty (60) seconds and simultaneously collect ‘cash bundles’ depicted throughout the game screen. The above mentioned questions shall be based on the Total Dhamaal film and will require the participant to watch the trailer to know the answer to the questions (“Entry/Entries”).

The Contest shall be live for ten (10) days wherein each day shall represent one level. Participants can undertake the Contest for any number of times for the first nine (9) days. However, the last day, considered as the ‘Bonus Level’ shall only be played once.

The editorial team of Fox Star shall select 12 hourly winners (the hourly winning will be active only from 12 noon ending at 12 midnight each day), via randomizer for levels 1 to 9, from amongst all those Participants who are playing at each hour (the participant should be playing the particular level at that particular hour to be eligible for the lucky draw. Eg. To be eligible for an hourly prize from 1:00 pm to 2:00 pm on the day of level 3 release, the participant should be playing level 3 during 1:00 pm to 2:00 pm), 1 (one) daily prize to the participant who has the highest score on the corresponding level for that day and a grand winner (“ Grand Prize Winner”) who will have the highest score at the end of the game period (9 levels + bonus level). A winner announced prior can be changed/barred if he is found using any non-human technology means to play the game. In case of a tie breaker, the person who scored the higher points first will be declared the winner. A participant can be a daily winner only once during the entire game duration. However, he is eligible for the grand prize even after being a daily winner. All winners will be announced on Fox Star’s social media handles (Instagram, Facebook, Twitter).

Each of these levels will have to be played by humans only and any use of technology (scripts, crawlers, bots, etc) to score points via the game or referrals will be regarded as foul play and players using such means will be barred from the game. Fox Star’s decision in this regard and for all other matters relating to the game shall be final and binding upon the Participant(s).

(4) Fox Star shall not be liable for non-receipt of any prize by any winner, including due to errors or failures or deficiencies in dispatch services or in address details provided by the winners. The prize must be claimed in response to messages or telephone calls made to the winners. Any and all taxes and/or levies applicable under the laws of India and any incidental costs direct and/or indirect, in relation to prize shall be borne by the respective winners. Fox Star shall not be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which the winner(s) is unable to claim prize(s) from Fox Star. In case any loss/damage etc. is caused to or incurred by the prize(s) during transit or otherwise, Fox Star will not be liable for any such loss/damage etc.

For the sake of abundant clarity, any grievances that any Participant(s) may have in relation to the prize(s) shall be directed solely and exclusively to Fox Star.

(5) Fox Star reserves the right to forfeit a prize in the event it is found by Fox Star and it has a reason to believe that any information provided by the Participant/winner(s) is wrong, fraudulent or any misrepresentation is made by the Participant/winner. Fox Star shall have the right to declare any other Participant(s) as the winner(s) of the Contest, at its discretion and transfer prize(s) to such other Participants. All prizes are provided on an as-is where-is basis without assurances or warranties of any kind. The winner(s) agree not to hold Fox Star and/or their respective employees responsible for any delay in receiving prizes or any inability to enjoy prize(s) due to any failure by organisers of the prize, or any of their agents, or otherwise for any other problem in relation to a prize. Fox Star shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Fox Star shall not be liable for any delays or failures in any notifications, or the Contest in general.

(6) For the sake of abundant clarity, any grievances that any Participant(s) may have in relation to the Prize(s) shall be directed solely and exclusively to Fox Star.

(7) Fox Star shall not be responsible in the event that the Participant cannot complete the game due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever.

(8) Fox Star reserves the right to change the Entry system/mechanism and/or cease accepting Participants for the Contest during the Contest Period for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion and it need not notify the participant(s) who have already played the game.

(9) Fox Star reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. Fox Star reserves the absolute right and discretion to reject any Entry or any part thereof at any stage of the Contest, including after declaring a winner, if Fox Star: (a) receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party; or (b) determines at its sole discretion that the Entry inter alia:, (i) belongs to another person and in which the Participant does not have any rights; (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harm minors in any way; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonates another person; (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The decision of Fox Star in this regard shall be final and binding upon the Participant(s).

(10) Fox Star reserves the right to select and declare the winners of the Contest and such decision shall be final and binding on the Participant(s) and winner(s). Fox Star shall select the winning Entries in accordance with applicable parameters, and the winners may be declared by Fox Star through the Fox Star Hindi handle on Instagram, Facebook, Twitter and/or any other means as decided by Fox Star.

(11) The winners shall be required to submit necessary supporting documentation to establish identity and compliance with these Terms and Conditions and any applicable laws within timelines specified by Fox Star to be eligible for any gratification. In the event any person fails to adhere to the instructions, then his/her selection shall be invalidated. In such a case, (a) Fox Star shall not be liable in any manner whatsoever and (b) Fox Star may, at its sole discretion, by the prescribed selection criteria choose other winners instead.

(12) The Participant(s)/winner(s) agrees and consents to the use of the Entry and/or any part thereof by Fox Star or its affiliates as it may deem fit for the purpose of promotion of Fox Star and/or any programs on any channels owned or operated by Fox Star. In consideration of the participation in the Contest, the Participant(s)/winner(s) hereby irrevocably, exclusively, perpetually and for the entire universe assigns all rights, titles and interests in the Entry including any rights of Exploitation thereof, to Fox Star, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Entry and/or any part thereof including along with its cognate forms and grammatical variations, and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Entry or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry and/or any part thereof from one form/format to another and in relation to the Entry and/or any part thereof, for incorporation in a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Entry in to a film for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. ). To the extent that the assignment of all rights, title and interest in the Entry and/or any part thereof if any subsisting in favor of the Participant(s)/winner(s), in relation to future medium or mode of exploitation of the Entry and/or any part thereof is not held valid by operation of law, Participant(s)/winner(s) hereby grants an irrevocable, exclusive, sub-licensable, perpetual right to Fox Star and its affiliates for such future medium or mode of exploitation of the Entry and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participant(s)/winner(s) hereby agrees that the Participant(s)/winner(s) shall not assign or in any other manner transfer the Entry including and/or any part thereof for such means and modes of Exploitation of the Entry and/or any part thereof, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Fox Star without offering for assignment such modes or means of Exploitation of the Entry and/or any part thereof for the entire world and perpetuity to Fox Star. The Participant(s)/winner(s), agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of the Entry and/or any part thereof to any third party in breach of the such obligation herein, anywhere in the world shall be null and void. Further, Fox Star may exploit the Entry and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 does not apply to this Agreement. The Participant(s)/winner(s) waves off his “Moral Rights” with respect to the Entry and/or any part thereof as required. The winner(s) shall do all acts and execute all documents in such manner and at such location as may be required by Fox Star in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Fox Star herein.



(II) GENERAL RULES:


1. The Participant(s) must be above the age of 18 years and must be residing within the territorial limits of India during the Contest Period. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. Proof of age, if requested, of the Participant(s), Winner(s), in the Entry must be submitted to Fox Star (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ Aadhar/ an affidavit signed by a magistrate) as may be required by Fox Star to confirm the eligibility of the Participant(s).

2. Participant(s) shall provide such information as may be required by Fox Star from time to time. Any incomplete submission will be considered invalid for the purpose of the Contest. Fox Star also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant at any point in time during the Contest Period.

3. Fox Star reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Contest, without giving prior notice or reason. Fox Star may at its sole discretion extend or curtail the Period of the Contest or may suspend or abandon the same at any time without any prior notice of the same. It shall be the sole responsibility of the Participant(s) to check the rules and regulations of the Contest on https://www.foxstarstudios.com/. Non-conformance by the Participant(s) to any the Terms and Conditions will make such Participant’s Entry/ies null and void.

4. The Participant/Winner acknowledges that in case the conduct of the Contest cannot be fulfilled due to any reason, including reasons beyond the control of Fox Star such as war, industrial action, flood or any act of God, then Fox Star shall not have any liability in this connection.

5. Fox Star is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in connection to the Contest.

6. The winner(s)/Participant (s) shall hold harmless and indemnify Fox Star, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, damage, liability, award, costs or expenses that may arise in connection with any act of the Participant(s)/winner(s) and/or Entry including any third party rights claims with respect to the material submitted by the Participant(s)/winner(s).

7. The Participant(s) and/or the winner(s) shall not in any circumstances make any claims against Fox Star, arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults (directly or indirectly), to the Participant(s) and/or the winner(s) participation or non-participation in the Contest or any related activity. If any Participant or winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified. Fox Star shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Contest.

8. Employees of and/ or consultants of Fox Star and/or persons hired on contract by Fox Star, the webpage and game developer, and the members of their immediate family, are ineligible to participate in the Contest.

9. By participating in the Contest, it shall be construed that the Participant(s) and/or the winner(s) has waived his/her right to raise any dispute with regard to the Contest and/or the prize, in any manner whatsoever and has understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and unconditionally accepts and agrees to comply with and abide by the Terms and Conditions. In the event of any fault, misunderstanding or dispute concerning any part of the Contest the decision of Fox Star shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/winner(s) and Fox Star and its group companies is not a confidential, fiduciary, or any other special relationship.

10. The Participant(s)/winner(s) of the Contest agrees that if so required by Fox Star, he/she shall make himself/herself available from time to time and co-operate with Fox Star and participate in any activity and/or campaign (" Promotional Activity") of any nature and on any platform whatsoever without any money payable to the Participant(s)/winner(s). Further, the Participant(s)/winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring Fox Star into public disrepute or denigrate any of the preceding, or offend any community or public morals. In all public appearances the Participant/winner shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Network and/or any channel on the Network. The Participant(s)/ winner(s) agrees that the footage/ picture/ photograph of the Participant(s)/ Winner(s) used during the course of the Contest or for the purpose of the Contest shall vest with Fox Star, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and Fox Star may exploit the same in any manner and in any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participant agrees and consents to the use of any text and/or information and/or any photograph and/or image and/or visual recording and/or other components of his or her Entry on any platform as Fox Star may deem fit for the purpose of promotion of the Network and/or any channels forming part of the Network.

  11. The Participant agrees that the Entry and participation in the Contest shall be at the Participant’s sole risk. To the fullest extent permitted by law, Fox Star, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. Fox Star makes no warranties or representations about the accuracy or completeness of the content on the social media platforms or the content of any websites linked to the social media platforms and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social media platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from the Participants’ access to and use of the social media platforms, (iii) any unauthorized access to or use of secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the social media platforms (v) any bugs, viruses, trojan horses, or the like which may be transmitted to by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available including loss of Entry, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

12. The Participant undertakes that the Participant shall adhere to the policies of Star India Private Limited as informed to the Participant from time to time. The Participant shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. The Participant’s attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

13. The Participant hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to the Participant from an employee or representative at Fox Star in connection with this Contest; and agree to make no public press announcements or information for publication without the explicit approval of Fox Star.

14. The Participant shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional activity or otherwise which may bring Fox Star into public disrepute.

15. Participant(s)/winner(s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.

16. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or the prizes shall be referred to a sole arbitrator appointed by Fox Star and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/winner (s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Participant(s)/ winner(s). Further, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

17. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the Participant and Fox Star in this connection, and supersedes all prior understandings, if any, whether written or oral, between the Participant and Fox Star, in this connection.

18. The Participant hereby acknowledges that the Participant’s participation in the Contest is voluntary and out of his/her free will and consent, without any monetary compensation whatsoever.

19. The Participant hereby acknowledges that the Participant has fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Fox Star and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.

20. These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest in Mumbai, India.