JUNIOR MASTERCHEF

 

 

The following are the terms and conditions, governing the “JUNIOR MASTERCHEF” (“Contest”) hosted by Star India Private Limited (“STAR/Company”) for the purpose of selection of participants for its reality program tentatively titled “JUNIOR MASTERCHEF” (“Program”)to be aired on STAR Plus(“Channel”).

 

These rules for participation in the Contest (“Terms and Conditions”) shall be irrevocably binding on each entrant/participant (“Contestant(s)/Participant(s)”) voluntarily participating in the Contest.  The participation by the Contestant(s)/Participant(s) in the Contest in the manner as detailed below shall be deemed to be their absolute agreement to the Terms and Conditions, Terms of Useand Privacy Policy of STAR as prescribed from time to time. The Contest shall be governed by the Terms and Conditions stated herein below and all Contestant(s)are requested herein unconditionally accept and agree to comply with and abide by the same.

 

The natural guardian of the Contestant(s) /Participant(s)are required to accept these Terms and Conditions. The failure to accept these Terms and Conditions by the natural guardian/legal guardian of the Contestant(s) will disqualify the Contestant’s /Participant(s) entry in the Contest and/or Program.

 

 

The Privacy Policy available here at http://starplus.startv.in/junior-masterchef-india shall govern all usage of any Personal Information (defined below) gathered under or pursuant to this Contest by STAR (defined below).

 

Definitions

                          

“Audition(s)” means different levels of selection process which the Contestant(s) need to clear for participating in the Program.

 

Audition Centre” means a location in any of the following cities where, at the discretion of the Company, the Contestants need to come for the Audition process: Mumbai, Delhi and Kolkata.

 

"Company" means STAR India Private Limited, the owner and right holder of the Program.

 

"Contestant(s)": Any child (s) who is between the age of eight (8) and twelve (12) years only as of May 17, 2013 and is a citizen of India and a resident of India as per the Income Tax Act, 1961, and enters the Show in accordance with the rules stated below.

 

“Exploitation/Exploit ” shall mean the exploitation of the Intellectual Property and the Materials including along with its cognate forms and grammatical variations, means 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 Materials, either in whole or in part, in any form/format or language, as may be decided by Company in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Company in its sole discretion as well as the conversion of the Materials from one form/format to another and  in relation to the Materials, making of 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 Materials 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.

 

“Intellectual Property” means and includes all performances, performers’ rights,  publicity rights, brands, rights if any vested in the Contestant(s) relating to or in the Footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licences, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

 

 Parental Consent Form” shall mean an undertaking to be executed by both the parents (jointly)or the legal guardian of the Contestant(s) as the case may be, with details and undertakings in the format /manner  as sought by the Company and/or the Production House and/or the Channel at the timeof registration at the Audition Centre, at their discretion. For the avoidance of doubt, the failure to execute such a document will disqualify the Contestant(s) from participating in the Contest/Program, such decision being final and binding on both the parents/legal guardian of the Contestant(s) and/or the Contestant(s).

                                                                                                         

Personal Information” shall mean the personal information of the Contestant(s) as detailed in the Privacy Policy.

 

Program” means the Show(s) (defined below) which shall be titled “Junior Masterchef tentative).

 

“Production House” shall meanColosceum Media Private Ltd,the  producers of the Program engaged  by the Company  for organizing the Auditions and producing the Program  in the manner as decided by the Company at its sole discretion .

"Show(s)" means each episode(s) of the Program including any Special Show(s).

                                                            

“Show Player(s)” means the selected Contestant(s) who are selected through the process of the Audition to participate in the Program.

 

“Special Show(s)” means any episode/s of the Show recorded with Contestant(s) who belong to a category other than that specified hereunder, which may include celebrities or special children, or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Contest.

 

“Studio" means any location deemed fit by the Company for filming of the Program.

 

Materials” shall mean an include Footage (defined below) and footage of Promotional Material including any form of artistic works, works of authorship , services made by the Contestant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Contestants during the course of  Program/Show or the Auditions.

 

PRINCIPAL RULES

 

1.      The Contest will commence from June 1, 2013 (1st day of auditions)and  shall conclude on June 8,2013.

 

2.      Procedure to register -

 

(a)    The Company shall promote the registration through on-air (promos, astons, bugs etc.), radio, online and any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Program.

 

(b)   Registration process will be at the Audition Centre.

 

(c)    The Contestant(s) can get details of the Audition Centres in the following manner:

 

i.        By sending SMS in the following format:  JUNIOR to 57827. The Contestant(s) will then receive an SMS with  (a) details of the Audition Centre closest to the Contestant(s) where the Auditions is yet to commence, (b)the date and timings for such Auditions,(c) the details on the documentation required to be submitted by the Contestant(s) at such Audition Centre prior to the Auditions.

ii.      In some cases, if the locations for the Audition Centres are not finalised then the Contestant(s) shall receive an SMS with the date of Auditions along with a message stating that “details of the Audition Centres and the timings for the Auditions will be intimated to them via SMS in some days and to log on to www.starplus.com(“Website”)for any further details”.

iii.    By logging on to the Website

iv.    Logging on to the facebook page of the Program.

 

3.        The cost charged to the Contestant(s) by the respective network provider(s) for the SMS sent by the Contestant(s) shall be as follows:

                                                                                                                 

Network Operator(s)

Costs

 

Vodafone

Rs.  3 per sms

Airtel

Rs.  3 per sms

Idea

Rs.  3 per sms

Reliance Communications,

Rs.  3 per sms

Aircel

Rs.  5 per sms

Reliance Telecom

Rs.  3 per sms

Tata Indicom

Rs.  3 per sms

BSNL

Rs.  2 per sms

                

 

 

                                                     

  1. To register and to participate in the Contest, the interested Contestant(s) shall(a) be accompanied  by 1 (one) parent (being the natural guardian)  or authorised personto the Audition Centre. It is further clarified  that if the Contestant(s) is being  accompanied  by any person other than his natural guardians ,then  such Contestant (s) shall be required to provide the Company  with relevant documentation stating that such authorised person  is duly authorised  by the Contestant’s natural guardian to accompany the Contestant (s) for the Auditions   (b) shall through themselves  or their parents  fill and execute a registration form at the Audition Centre and duly submit all personal information as may be required to be submitted by them on the registration form in a manner and form, as requested and /or prescribed therein, (“Registration Form”), (c) submit all documentation as  intimated to him/her in advance through the sms/Website. In case the said Contestant(s) and /or their parents are unable to furnish the original document(s) including the Parental Consent Form or to verify the eligibility details and also submit self-affirmed photocopy of the same, the said Contestant(s) shall be disqualified by the Company. For the purposes of this Contest, the copy of these Terms and Conditions, execution of Parental Consent Form by both the parents of the Contestant(s), signature of either of the natural guardian of the Contestant(s) on the required  documentationand the Registration Form duly submitted by the Contestant(s) at the Audition Centre shall be considered a complete entry (“Entry”). Contestant(s)through his/her natural guardianrepresent and undertake that all Personal Information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition Centre is true, correct, accurate and original. It is clarified that if the Parental Consent Form is executed only by a single parent then it will be a deemed representation that the Contestant only has one living parent. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate information will be considered invalid and will be disqualified from participating in the Contest. The Channel /Company shall be free at any point of time tocontact and /or communicate with the Contestant(s) and /or their natural guardian for availing any additional  information and/or to verify any details as provided in relation to Contest and/or the Entry and the Contestant(s) through their natural guardian shall unconditionally  facilitate the same.

All Entries at the Contest at the respective Audition Centre(s) shall be on first comefirst serve basis and the Company shall endeavour to keep the audition processopen between8.00 am to 5.00pm.It is further  clarified that the Company reserves the right to close the registration process at any of the Audition Centre, in any manner it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding and the Contestant(s)/his or her natural guardian shall not challenge /dispute such decisions to the extent permitted by law.  Any Entry made after the Period will not be considered for the Contest and shall be deemed null and void and such decision shall be final and binding upon the Contestant(s) and/or his/her natural guardian. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

 

 

5.   The Auditions for the Contest shall be conducted at the Audition Centre in the manner as detailed below:

 

a.    Level 1:

(i) The Contestant(s) will be asked to get a pre-cooked dish (edible item) prepared by him/her. For the purposes of the Contest ,it is further clarified that such dish  shall be required to be prepared by the Contestant as part of the Auditions  and shall be prepared and cooked by them  alone without any help and/or influence of their parents or  any other person. This pre-cooked dish prepared by the Contestant (s) will be evaluated by the Company and /or its representatives or any food/culinary   expert (“Panel”) appointed and finalized by the Channel at its sole discretion. It is further clarified that, the pre-cooked dish   prepared by the Contestant shall be judged for originality, flavour and presentation or any other criteria as set out by the Panel and/or the Company and/or the Channel at its sole discretion(ii)   It is further clarified that the decision of the Company with regard to the composition of the Panel shall be final and binding on the Contestant (s).Neither the Contestant nor the natural guardian shall be entitled to dispute and/or challenge the composition of the Panel at any time.

(iii) The Panel shall have the sole authority to judge the performance of all the Contestants and their decision shall be final and binding on all Contestant (s)and their natural guardian . No Contestant (s) and/or the parents shall dispute any decisions made by the Panel in connection to the selection procedure.

(iv) Based on the evaluations of the various pre –cooked dishes by the Panel prepared by the Contestants, the top rated Contestant(s) shall be shortlisted at the discretion of the Company and /or the Panel for the next level.

(v) The Company reserves the right to select a maximum number of Contestant(s) from the main Audition Centers from all the cities. The selected Contestants shall be eligible for the next level of Auditions.

(vi) Such selected Contestant(s) shall be required to be present at Mumbai for the next level of Auditions on the day and time specified by the Company.

(vii) It  is further clarified that all costs and expenses towards travel and stay  of the Contestant(s)  towards participating in this level  shall be borne by the Contestant(s) and their natural guardian  without any recourse to the Company.

 

 

b.      Level 2(TELEVISED AUDITIONS) –

 

(i)     The Contestant(s) selected and shortlisted from Level 1  shall be accompanied  by their natural guardianand shall be required to reach the venue in Mumbai for the next level of selection on such date and time as informed by the Company. The cost of travel and lodging  of the Contestant(s) and their natural guardian shall be borne by the Company. If the Contestant(s) fails to attend the Mumbai Audition at the venue on the date and time as informed by the Company for any reason whatsoever, the entry of the Contestant(s) will be invalid and the disqualifying Contestant(s) shall be disqualified. It is further clarified  that in the event the Contestant (s) is not accompanied  by his /her natural guardian /duly authorised person then the Company shall be entitled to disqualify  his/her Entry .

(ii)   The Contestant(s) and the natural guardianof the Contestant(s) will be required to register by executing the necessary documents and also by furnishing the documents as required to verify the personal details provided by the Contestant(s) in Level 1including the Parental Consent Form. Each of the selected Contestant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. provided by the said Contestant(s). In case the said Contestant(s) is unable to furnish the original document(s) to verify the eligibility details and also submit self-affirmed photocopy of the same, the said Contestant(s) shall be disqualified by the Company.

(iii) The Company reserves the right to introduce Contestant(s) from outsides India in the Level 2, who have gone through the similar selection process as the Contestant(s) from India.

(iv) Level2 will be held in or around Mumbai

(v)   The Contestant(s) shall be evaluated by an esteemed panel of judges(“Judges”) engaged by the Company at its sole discretion.

(vi) Contestant(s) will be required to prepare and cook by themselves, without any outside help/assistance from start to finish unique and specialized dishes as per the discretion/instructions of the Company and/or Judges, in front of the Judges. Thesedishes shall be evaluated by the Judges and they shall score each of the Contestant(s) on the basis of originality, flavour, technique, presentation, in-depthknowledge offood etc.

(vii)A minimum of 30 (thirty) on the basis of the ratings/scores awarded by the Judges shall be shortlisted by the Company at its sole discretion for the next level of Auditions, i.e. the Boot Camp. It is clarified that the Company can at its discretion select any number of Contestant(s)  for the Boot Camp.

(viii) Such shortlisted Contestants shall be informed about their selection for the next level,i.e. the Boot Camp   by the Company and /or its representatives and they  shall be required to be present in or around Mumbaifor the next level of selection on the day and time specified by the Company and/or Channel and/or Production House.

 

c.          Level 3 (“Boot Camp”)

 

(I)        The selected Contestant(s) and parents of the selected Contestant(s)shall be telephoned on the telephone number provided and shall be informed the date, venue and approximate time to participate in the Boot Camp held at any place in India at the discretion of the Company. In the event the registered telephone/mobile number is coming engaged, or lines on the route are busy, or it is ringing but is not answered, the Company shall make maximum two (2) attempts to establish contact. If successful contact is made the telephone conversation will be recorded and Contestants will be informed of the details given below. However, if successful contact cannot be established with the concerned Contestant, the Company shall be not be obligated to take any additional measures to contact such Contestant and such Contestant shall be considered to have been disqualified from further participation in the Program.In the event of the above contingency the Company and/or the Production House and/or the Channel may automatically transfer an opportunity to participate in the Boot Camp level to the next Contestant(s) based on the sole discretion of Company and/or the Judges and/or the Production House, without any objection from the other Contestant(s) and /or their  natural guardians. For the avoidance of doubt such choice of Contestant(s) by the Company and/or the Judges and/or the Production House shall be final and binding on the Contestant(s) and/or his/her natural guardian.

 

II. Upon selection for this level the Contestant(s) and the natural guardian/legal guardian of the Contestant(s) will:-

 

(i)                  Be informed about the nature, duration and any other details with regard to the Boot Camp and the Program and asked to re-confirm that they will comply with the rules (and be advised of where to obtain copies if required) and, reconfirm whether the Contestant(s) will be available for the Boot Camp and the Program date (and that they agree to participate in the Program). In case for whatever reason the agreed Program date was not correctly heard by the natural guardianof the Contestant(s) and the Contestant(s) and the Contestant cannot attend the Program, accompanied by his/her natural guardian on the date and time in question, the Company will regretfully be unable to offer an alternative Program and date.

 

(ii)                The Contestant(s) will have to perform and pass through a series of tasks toqualify for the next level in relation to their cooking skills, including any and all technical tasks related to cooking in addition to the cooking and preparation of  an original dish. Any and all dishes that are required to be prepared by the Contestant as part of the Boot Camp shall be so prepared without the help or assistance of any other person.

 

(iii)              The Company shall make arrangements, for the travel of the outstation Contestant(s), and the natural guardian of the Contestant(s) and accommodation and meals (three meals in a day) of the Contestant(s) and their natural guardian during the period of the Boot Camp. The Company shall make the arrangements mentioned above as deemed fit by the Company. 

 

(iv)               The Company shall select Show Player(s) from amongst the Contestant(s) selected for the Boot Camp. The selected Show Player(s) and the natural guardianof the Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company.

 

(v)                 The selected Show Players and the natural guardian of the Show Player(s) will need to reside in any place in India decided by the Company at its sole discretion, during the shoot schedule of the Program.

 

(vi)               All the Contestant(s) and the natural guardian of the Contestants(s)including the ones who do not get selected for the next level, will have to make themselves available for an additional 4 days shoot after the Bootcamp schedule at any place in India decided by the Company at its sole discretion.

 

(III)      Upon successful contact and agreement with the Show Player(s) through their and the natural guardianin relation to the arrangements for such Contestant(s) attendance at the studio, the selected Show Player(s) and the natural guardianof the Show Player(s) must attend the Studio at the time and date communicated by the Company.

 

(III)    In the event of the failure of any of the Show Player(s) and the natural guardianof the Show Player(s) from attending the Studio by the aforesaid time for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Show.

 

6.            The Company reserves the right to extend the timing or close the gates of the Audition Centre(s), without prior notice to the Contestant(s) and/or people who have turned up at the Audition Centre(s). 

 

7.            It is clarified that Contestant(s) who have participated in any reality shows /programs broadcast /telecast on any satellite channel, will need to mandatorily inform the Company and/or the Channel and/or the Production House about such participation prior to participating in thisProgram. The final decision whether to select such Contestant(s) for the Contest  and /or the Program shall vest with the Company irrespective of the  performance of the Contestant in the Audition/Show/or  their selection at any level of the Audition  or otherwise. The Show Player(s) and the natural guardian of the Show Player(s) shall abide by such decision of the Company and to the extent permitted in law, shall not challenge such decision of the Company at any time.

 

8.            For the avoidance of doubt, if a Contestant gets disqualified in the first level, then he/she can travel to any other Audition Centre and Audition along with his/her natural guardian on the specified date.

 

9.            For avoidance of doubt it is clarified that the final selection of the Show Players made by the Channel/Company /Panel /Judges shall be final and binding on all the Contestant(s) and/or the natural guardian of the Contestant(s) and in no event shall the Contestant(s) and/or his/her natural legal guardian dispute the decision made by the Channel/Company or its employees in connection to theProgram and/or any level of the Auditions. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Program/Contest and/or the selection process to qualify for the Contest Program, the decision of the Company shall be final and binding.

 

10.        It is mandatory that any 1 (one) parent (i.e. natural guardian) of such Contestant(s)  and /or any authorised person  duly appointed  by the natural guardian  vide a certified document shall accompany the Contestant (s) for all the levels of the Auditions every timeand shall stay with him/her till his /her elimination and /or completion of the Program (whichever is earlier).

 

GENERAL RULES

 

1.      The Contest is strictly open to Contestant(s) between the age of 8 (eight) and 12 (twelve) years and residents of India only.

 

2.      The Contestant(s) should not have any criminal conviction.Contestant(s) must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Contest/Program. In addition, the Contestant(s) and the legal guardianof the Contestant(s) must remain in India during the Period of the Program/Contest.

 

3.      The Contestant(s) is required to furnish necessary supporting documentation in original (i.e., birth certificate, school leaving certificate, letter from their respective school acknowledging their participating in the Program /Contest and certifying their absence for  such participation  or passport) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Contestant(s). The Contestant(s) and thenatural guardian of the Contestant(s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or Company in its sole and absolute discretion.

 

4.      The Company also reserves the right to change the selection process of the Contestant(s) (in any manner whatsoever as deemed fit) stated herein without any prior intimation to the Contestants and/or the public.

 

5.      Contestants must enter the Program and/or the Contestand/or the Auditions voluntarily on their own behalf, with the consent of both thenatural guardian, without any compulsion and/or duress and Entry(ies) by proxy will not be accepted.

 

6.      The Contestant (s) and his/her natural guardian should beaware of the  format of the Program  and the exact nature of acts /he /she  would be required to perform during the various levels  of the Auditions and the natural guardian should have explained to them the same in detail .

 

7.      Employees of the Company, of the Production House , the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; are not citizen of India and/or resident of India as per the Income Tax Act 1961 (save and except for the Contestants from outside India who may be introduced by the Company at its sole discretion);individualsnot conversant in spoken Hindi, are not eligible to participate in the Auditions and/or the ProgramFurther, failure to provide proof or affidavit of eligibility, including the correct date of birth within a reasonable time upon request by the Company may result in disqualification. The Company also reserves the right to disqualify a Contestant(s) incase a discrepancy is found to exist in the information furnished/provided/stated by the Contestant during the conversation with the Company and in the information(s) stated in the documents furnished by the Contestant(s) is incorrect and/or insufficient.

 

8.      It is further clarified that any Contestant(s)  who have undertaken cooking classes where no certificates and/or diplomas are awarded shall not be disqualified from  participation.

 

9.      Company  reserves all rights to make amendments to the existing Terms and Conditions or withdraw, change, alter, amend the mechanism of  selection, participation , process of elimination, Terms and Conditions, Period and/or Program without giving prior noticeto the Contestant(s) and/or the natural guardian of the Contestant(s). It shall be the sole responsibility of the Contestant(s) and/or his/her natural guardian to check the Terms and Conditions on the Website, from time to time.

 

10.  Company reserves the right to cancel and/or postpone the Program/Auditions and/or the Contest without assigning any reasons and/or without giving any prior intimation to the Contestant(s) and/or the natural  guardian of the Contestant(s).

 

11.  Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the  SMS or internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ natural  guardian of the Contestant(s) and the telecom/mobile operator directly, without involving Company.

 

12.  In case for whatever reason for level 2 and level 3 ,any Contestant and/or his/her natural guardian is not agreeable to travel, stay, etc. in the mode or  at the place /hotel/venue  allotted /finalised by the Company at its discretion  or bear their expenses  towards travel and stay  for level 1 then the Company will regretfully consider the entry of such Contestant(s) as invalid and the Contestant(s) shall be disqualified.

 

13.  In the event of any fault, misunderstanding or dispute concerning any part of the Show/Program and/or the Auditionsto qualify for the Show/ Program, the decision of the Company shall be final and each Contestant and/or his/her natural guardian shall be bound by such decision of the Company.

 

14.  Contestant(s) shall not in any circumstances through themselves and /or their legal guardian make any claims against Company , Channel, their employees, directors and its affiliates 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 or directly or indirectly, to their participation or non-participation in the Contest. If the Contestant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entries will be disqualified.

 

15.  Each Contestant(s)through his/her natural guardian in consideration of being given opportunity to participate in the Contest ,agree that the Contestant(s) and their natural guardian shall hold harmless the main sponsor, if any, the Channel, Company , its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Contestant(s) and/or the  natural guardian, in any manner whatsoever in connection with the travel to the Audition Centre and/or the Auditions and/or the Contestand/or participation in the Program and/or any Personal Information submitted by the  natural guardian of the Contestant(s) and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

 

16.  By participating in the Auditions and/or the Program and/or the Contestit is deemed that the Contestant(s) and  theirnatural guardian have read understood, accepted and agree to abide with all the rules and regulations of participation in the Auditions and/or the Programs set out herein and that on behalf of the Contestant(s) their natural guardian are  unconditionally bound by the terms of use and privacy rules of the Program as uploaded on the Website of the Company and /or the Program.

 

17.  Contestant(s) and their natural guardian  acknowledge 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.

 

18.  The natural guardian of the Contestant shall ensure that both the Contestant(s) and theyshall comply with the laws of India.

 

19.  The natural guardian of the Contestant(s) shall ensure that the Contestant(s)  shall make themselves available from time to time and co-operate with the Channel and/or  Company and participate in any activity and/or campaign and /or events  (“Promotional Activity”) of any nature whatsoever with respect to the Program/Contest without any money payable to the Contestant(s) and their parents .  The natural guardian of the Contestant(s) shall further ensure that the Contestant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.

 

20.  In the event of any fault, misunderstanding or dispute concerning any part of the Show and/or the selection process to qualify for the Show, the decision of the Company shall be final and each Contestant(s) and his/her natural guardian shall be bound by such decision of the Company.

 

21.  The natural guardianof the Contestant(s) undertake that the Contestant(s)  shall not during the  Audition/Program make any obscene gesture(s)/acts, or any defamatory statement of any event or any person alive or deceased, material, or anything of an advertising nature and will not expose the Company and/or the Production House  to civil and/or criminal proceedings.

 

22.  The natural guardianof the Contestant(s) undertake that theContestant(s) or the natural guardianof  the Contestant(s) shall not grant or publish any interviews, news articles, or issue any other kind of publicity and/or personal blog(s) concerning its participation in the Program or the Auditions herein including but not limited to the Company without Company’s prior written consent in each instance.

 

23.  The natural guardianof the Contestant(s) undertake that theContestant(s) or the natural guardianof the Contestant(s) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Contestant(s) or the natural guardianof the Contestant(s)shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Audition /Program.

 

24.  Contestant(s) and their natural guardian  acknowledge that Contestant’s/ natural guardian of the Contestant(s)’ representations, warranties, indemnities, grant of rights in the Materials, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

 

25.  If the operation of the Show (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of man  (“Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Show  and/or participation of a Contestant(s)/Show Players  forthwith and such decision shall be final and binding.

 

26.  The natural guardianof the Contestant(s) and/or the Contestant(s) acknowledge thatnotwithstanding a Contestant's participation in the Show there is no obligation on the part of the Company to broadcast any Show in which he/she has taken part, or any or all of his / her contribution as recorded by the Company and such decision being final and binding on the Contestant(s) and/or the natural guardianof the Contestant(s).

 

27.  The Company reserves all rights to make amendments to the existing rules without prior or subsequent notice, and the Contestant and their natural guardianagree that the Contestant shall be bound by such revised rules. The Company shall not be responsible and/or liable in any manner whatsoever in case the Contestant(s) are unable to participate in the selection process due to failure on the part of the telecom operator, facility provider, etc.

 

28.  Thenatural guardianof the Contestant(s) on behalf of the Contestant(s)and for themselves  specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video) the participation process/performance at every level of the Auditions, including the acts at each level, any interaction of the Contestant with the Company or fellow Contestant or any representative of the Company, if any, of the Contestant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot during the Auditions/Show or the Program on film, tape or digital or other electronic media  and includes recording of any personal questions or conversations relating to the personal lives of the Contestants  (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same  in any manner it may deem fit.

 

29.  In consideration of being afforded an opportunity to participate in the Program/Audition, the natural guardian of the Contestant (s)/ natural guardian agree, represent and warrant on behalf of the Contestant(s) that all Intellectual Property in and to the  Materialsshall remain the exclusive property of Company from the moment they arise,  for the entire period of their subsistence, in every part of the world. To the extent, that theIntellectual Property or any rights, title and interest in theMaterials , do not vest with Company, by operation of law, the natural guardian/legal guardian of the Contestant (s) on behalf of the Contestant(s), on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the natural guardian of the Contestant(s) on behalf of the Contestant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Contestant(s and their natural guardianon their behalf  hereby agree that neither the Contestant(s) nor his/ natural guardian shall  assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials 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 Company  without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company (‘Offer’). Thenatural guardianof  Contestant(s) on the Contestant(s)’ behalf  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 Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions. 

 

The Contestant (s) through their natural guardianwaive off their “Moral Rights” with respect to the Materials. Further, thenatural guardianof the Contestant(s) further agree and acknowledge on behalf of the Contestant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. Thenatural guardianof the Contestant(s)on behalf of the Contestant(s) acknowledge that the Contestant(s)’participation in the Auditions and/or the Programdoes not qualify the Contestant as a ‘Performer’ within the meaning of the Indian Copyright Act, 1957.

 

30.  The natural guardian of the Contestant(s) acknowledge on behalf of the Contestant(s)that for the avoidance of doubt, the Contestant(s) shall not be liable to any consideration for participating in the Audition and/or the Program and/or the Show.

 

31.  The natural guardian of the Contestant(s) acknowledge on behalf of the Contestant(s)that the Company shall in no event, whatsoever, be responsible for any medical or other problems suffered by Contestant(s) during or in relation to the Program and/or the Auditions. The Contestant(s) and their natural guardianacknowledge and understand that the participation in the Audition/Program is at his/her own risk. The Company shall not be responsible for the Contestant(s)’ safety during the Program and/or the Auditions and/or at the Audition Centre; neither shall they be required to obtain any insurance in relation to the same for Contestant(s).

 

32.  The natural guardian of the Contestant(s) acknowledge on behalf of the Contestant(s)that  non-conformance by any Contestant(s) and/or the Show Player and/or thenatural guardian of the Contestant(s) to the Terms and Conditions herein will disqualify them from participation.

 

33.  The natural guardianof the Contestant(s) acknowledge on behalf of the Contestant(s)thatthe Company and/or the Channel 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 Contestant(s) and/or the Show Player(s) in any manner whatsoever, in relation to theAuditions and/or the Program.

 

34.  The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Auditions  and/or the Program shall be referred to a sole arbitrator appointed by Company a 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 Contestant who has raised the dispute.

 

35.  Subject to the provision of 34 above, 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.

 

36.  The natural guardianof the Contestant(s) undertake that the Contestant(s) shall all times (including all levels of the Auditions) including in all their public appearances have a pleasant demeanour and choice of language to create an atmosphere which would be conducive to the Auditionsand /or Program. Further they will not, directly or indirectly, in any manner denigrate or do any act denigrating/detrimental to the Company or the Program or the Channel(s) and /or indulge in any illegal activity or act of violence.

 

 

37.  The Contestant(s)and/or his/her natural guardian shall at no time speak to any third party including the media, in relation to the Auditions and/or the Program and/or the Showor disclose any information relating to the Company and/or the Channel and/or the Production House including but not limited to the identity of the Contestant(s).

 

38.  The natural guardian of the Contestant(s) shall ensure that the Contestant(s) shall at no time during the Auditions and/or the Program and/or the Show cheat from fellow Contestant(s) or third parties. Such acts shall entitle the Company to disqualify the Contestant(s) immediately, and such decision of the Company shall be final and binding on the Contestant(s).

 

39.  By participating in the Auditions and/or the Program, the natural guardian of the Contestant(s) on behalf of the Contestant(s)acknowledge and agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the participation in the Auditions and/or the Program shall be resolved individually, without any recourse to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred and associated with participating  in the Auditions and/or the Program (if any). Notwithstanding the foregoing, under no circumstances, will the Company and/or the Channel and/or the Production House be liable for any consequential, indirect, special punitive, or incidentaldamages or lost profits, whether direct or indirect arising in any way whether in contract, tort (including negligence) or otherwise.