The following terms and conditions (“T&Cs”/ “Terms
and Conditions”) shall be applicable to
MSMW-Worldwide Factual Media Private Limited
, a company incorporated under the Companies Act, 2013 with its registered
address at 4th Floor, Interface Bldg. 7, Off Malad Link Road, Malad (West)
Mumbai 400064 (“MSMW”), operated television channel “Sony
BBC Earth” (“Channel”) photography based contest conducted
by MSMW with the Earth in focus (“Contest”)
,
which shall function in a manner as specified in Specific T&C’s at end
of this T&C and the contest shall be termed as follows:
The T&Cs shall be in two parts (a) Basic T&Cs and (b) Specific
T&Cs for the Contest.
Basic T&Cs:
Following are the terms that shall be applicable to the Contest:
1. The Contest is open only to Indian citizens, residing in India.
Citizens and/or residents of countries other than India are not eligible to
participate.
2. The participants must be adults having attained the age of
eighteen (18) years to participate in the Contest as on the date of the
Contest.
(All persons fulfilling conditions mentioned in section 1 & 2 shall be
hereinafter referred to as “Participants”.)
3. Contest shall be open for participation as per the timelines
specified in the T&Cs for Contest.
4. Employees, agents and promoters (including their immediate family
members) of MSMW and any of their divisions, affiliates and subsidiaries,
and others associated with the Contest in any manner, are not eligible to
participate in the Contest.
5. The Contest terms and conditions shall be mentioned on the Sony
BBC Earth website available at www.sonybbcearth.com/Earthinfocus (“Website”).
The Participants agree that by participating in the Contest, the
Participants shall be bound by the Terms and Conditions.
6. The Participants shall be required to provide basic personal
information about them including but not limited to the Participant’s name,
address, telephone number or mobile number and email address to register
and participate in the Contest.
7. The specific requirements for the Contest shall be outlined in the
T&Cs of the Contest as specified herein.
8. The information provided by the Participants may be used by MSMW
for internal purposes and to send in the future to the Participants
promotional information pertaining to the MSMW network.
9. For the Contest, each Participant must submit their complete entry
to qualify as an entrant in the Contest (“Entries”)
through Specific Mode of Participation specified in Specific T&C’s
stated at end of this T&C.
10. Participants entering the Contest may submit such number of Entries
as mentioned in the Specific T&C so long as such Entries meet MSMW’s
criteria as specified in these T&Cs even if not chosen as the final
Winner of the Contest and any Participant may at MSMW’s sole discretion be
declared a Winner of the Contest.
11. The Participants shall not be permitted to participate in any other
on-going contest organised / hosted by MSMW until the declaration of the
Winners.
12. The manner, day and the basis of choosing the Winner (defined below)
shall be specified in the Specific T&Cs of the Contest.
13. The announcement about the Winner and the Prize(s) (defined below)
shall be as per the T&Cs of the Contest.
14. Method and time of prize distribution: MSMW shall inform the Winner
via email, or the phone number provided by the Participants, at the time of
entering the Contest (as applicable) or by such means as specified in the
Specific T&C. MSMW may require
Winner to provide valid photo identity documents including but not
limited to passport prior to handing over the Prize(s). MSMW may or may
not announce the Winner via the Website.
15. The distribution time and mode of distribution of the Prize(s) shall
be at the sole discretion of MSMW.
16. The Participant can win only once in this Contest. Any subsequent
wins of the Participant (if declared) will be automatically void.
17. Participants should ensure the accuracy of the information provided
by them at the time of entering the Contest.
18. MSMW shall make a maximum of 2 (two) attempts, to contact the Winner
via the method specified in the Specific T&C. MSMW shall not be held
liable despite MSMW’s best efforts, in the event the provided mobile
numbers/email Id is unreachable/not replied due to the following reasons
including but not limited to: 1) Email ID or phone number provided by the
Participant is incorrect; 2) Email ID belongs to a person other than the
Participant; 3) Mobile number answered but individual answering refuses to
acknowledge MSMW, the Contest and/or any relation thereto; or 4) Any other
reason the Email ID or any other contact details provided by which
Participant cannot be contacted.
19. The Prize(s), when the same are in form of some tangible goods or
materials or vouchers, shall be sent by post and/or courier to the Winner
as per the address specified by them at the time of registering for the
Contest. MSMW shall not be responsible if any Prize(s) is damaged or lost
during delivery through post and/or courier.
20. Participants shall not post any profanity or abusive comments on
the respective Website’s Contest page/ Channel’s website/or any of the
social media pages of the Channel or in any other manner. In the event of
any such profanity or abusive comments posted on foregoing pages, such
Participants shall be disqualified forthwith and MSMW reserves its rights,
in addition to removing such post, to take legal action against such
Participant and/or user.
21. By participating in the Contest, each Participant agrees to follow
these Terms and Conditions and is deemed bound by any decisions made by
MSMW in its sole discretion, including any interpretations of the Terms and
Conditions.
22. MSMW including its divisions, affiliates and subsidiaries, and their
respective agents and representatives, employees shall not be responsible
for any loss of Entries for any reason whatsoever including, due to any
technical problems for Entries received after the deadline as c consequence
of computer service delays, interruptions, electronic failures or
overloads, or for lost, misdirected or misplaced Entries. The Entries are
void if unreadable, inaccurate, incomplete, damaged, tampered with,
falsified, mechanically reproduced, not in prescribed format, irregular in
any way or otherwise not in compliance with these Terms and Conditions.
23. While accepting the Prize(s), the Winner may be required to sign an
“indemnity and release of claims” form provided by MSMW which shall release
MSMW of all liability. Failure to complete and sign any documents
requested by MSMW may result in disqualification and selection of an
alternate Winner. All decisions of MSMW are final in this regard.
24. Mere participation/submitting Entries in the Contest does not
entitle the Participants to win the Prize(s).
25. The Prize(s) will be awarded to the Winner pursuant to verification
and in accordance with these Terms and Conditions.
26. MSMW may refuse to give the Prize(s) to Participant(s) in the event
of his/her fraud, dishonesty or non-entitlement to participate in the
Contest under these Terms and Conditions.
27. The Prize(s) shall be delivered to the Winner subject to submission
of all relevant documents, if required in accordance with these Terms and
Conditions of the Contest.
28. The Prize(s) are not transferable, assignable or exchangeable for
cash equivalent. Only the prize Winner and no other person or agent, may
claim the Prize(s).
29. In case the Winner(s) is / are found to be in violation of any and
all rules of the Contest, MSMW reserves the right to initiate legal
proceedings against such person(s) including but not limited to having the
concerned Winner to refund the Prize(s) won.
30. MSMW has the right to substitute the Prize(s) with other prizes of
equal value, as determined by MSMW in its sole discretion.
31. MSMW has the right to amend (add, delete or modify) the Terms and
Conditions governing the Contest, prospectively or retrospectively, at its
discretion and without prior notice.
32. MSMW reserves the right to disqualify any Participant if it has
reasonable grounds to believe that the Participant has breached any of
these Terms and Conditions at any stage of the contest including but not
limited to such person being announced as the final Winner.
33. MSMW is not responsible for any errors or omissions in the terms and
conditions contained herein. All information provided in the Contest is
provided "as is" without warranty of any kind. MSMW makes no
representations and disclaims all express, implied, and statutory
warranties of any kind to the Participant and/or any third party including,
without limitation, warranties as to accuracy, timelines, completeness,
merchantability or fitness for any particular purpose.
34. Under no circumstance, unless due to wilful misconduct or gross
negligence, shall MSMW and/or their directors, employees, officers,
affiliates or subsidiaries, be liable to the Participant and/or any third
party for any lost profits or lost opportunity, indirect, special,
consequential, incidental, or punitive damages whatsoever. The Participant
specifically agrees not to file in person/through any family member and/or
any third party any applications, criminal and/or civil proceedings in any
courts or forum in Singapore against MSMW their directors, employees,
officers, affiliates or subsidiaries to claim any damages or relief in
connection with the Contest.
35. By entering into the Contest, the Winner/Participants waive all
copyrights including but not limited to Intellectual Property Rights (IPR)
and moral rights, rights of publicity and any related rights and consents
to MSMW’s right to use the pictures uploaded by the Participant(s) the
captioned posted for the Contest , picture, tape or portray him/her as a
Contest Winner, and to exhibit this material in any and all media now
existing or hereinafter created, including without limitation television,
film, radio and print media, without any compensation whatsoever for
advertising and publicity purposes, except where prohibited by applicable
law. The prize Winner also consents to MSMW’s right to use his/her name,
voice or picture, or the content of his/her Contest Entry (collectively,
the “Publicity Rights”). MSMW can allow to its agencies to
exercise/exploit the Publicity Rights in conjunction with MSMW. MSMW shall
also be free to use any ideas, concepts, know-how or techniques contained
in the entries received for the Contest for any purpose.
36. MSMW does not make any commitment, express or implied, to respond to
any feedback, suggestion and, or, queries of the Participants or furnish
any reason or explanation for inclusion and, or, exclusion of any
particular submission of the Entry of a Participant at any stage of the
Contest.
37. Under no circumstance shall MSMW including the Channel and/or their
directors, employees, officers, affiliates or subsidiaries, be liable to
the Participant and/or any third party for any lost profits or lost
opportunity, indirect, special, consequential, incidental, or punitive
damages whatsoever, even if MSMW has been advised of the possibility of
such damages.
38. Non-conformance by any Participant and/or Winner of the Contest will
result in immediate disqualification of the Participant from participation
or winning the Prize(s) as the case maybe.
39. MSMW reserves the right to withdraw or discontinue and/or terminate
the Contest at any stage without prior notice and without any liability
whatsoever to the Participants.
40. The decisions of MSMW and its representatives shall be final and
binding on all aspects of the Contest.
41. In addition to these Terms and Conditions mentioned herein, by
participating in the Contest, the Participants hereby undertake and
represent to MSMW that they shall comply with the terms and conditions laid
down by Facebook, Twitter and Instagram. By participating in this Contest,
the Participants hereby specifically consents for MSMW to edit the
pictures/images posted and/or shared by them and to repost the same on Sony
BBC Earth’s social media pages @sonybbcearth (Facebook, Instagram, Twitter)
along with the captions shared by them. MSMW shall not, in any manner, be
responsible to any action taken by Facebook or any other social media
platform with respect to the post made by the Participant and the
Participant hereby agrees to not make any claims against MSMW with respect
to the same. Any technical or other issues with respect to the
Participant’s Facebook account, page and/or operation or functioning of the
same shall be taken up by the Participant directly with Facebook, without
involving MSMW in any manner.
42. Your participation in the Contest by posting the Entries will be
deemed as an acceptance of the above stated Terms and Conditions.
43. The personal information provided by the Participants in the course
of the Contest to MSMW will only be used for MSMW’s internal purposes and
to send Participants promotional information in the future pertaining to
the Channel/MSMW/Website. The Participant hereby consents to receiving such
promotional information in the future. In the event the Participant wishes
not to receive such future communications, the Participant can opt-out of
the same by writing to MSMW on the same email ID from which he/she receives
such promotional information.
44. All taxes, levies and duties due and owing under applicable and
statutory laws in connection with all Prize(s) if any, and all other costs,
including insurance, incidental costs, gifts, gratuities and taxes, are the
sole responsibility of the Winner.
45. MSMW shall not be responsible for any lost, late or misdirected
computer transmission or network, electronic failures of any kind or any
failure to receive entries owing to transmission failures or due to any
technical reasons.
46. MSMW shall keep all the information collected from the Participant’s
confidential. MSMW shall ensure that the Participants are contacted by MSMW
and MSMW shall not share the information so collected with any party, save
and except for the purpose of the present Contest. The Participants hereby
consent to the collection, storage, use, disclosure, transfer, of sensitive
personal information which may be collected by MSMW for the purposes of
this Contest. The Participants hereby agree and acknowledge that the
collection, storage, use, disclosure, transfer, of the sensitive personal
information by MSMW is for a lawful purpose and is necessary for
facilitating your participation in the Contest. The Participant’s by
providing the aforesaid sensitive personal information hereby agree that
MSMW shall have the right to share the information so collected with such
other third party and MSMW as required for the purpose of the Contest and
hereby agreed that they shall not file any claim against MSMW for sharing
for such personal information. Please refer to Channel’s Privacy Policy
http://www.setindia.com/privacy.php that governs the use of your personal
information. Participants entering into this Contest agree and acknowledge
the Terms and Conditions, Privacy Policy and Terms of Use as put up on the
website www.setindia.com in addition to the conditions set out in this
document which shall govern the Contest.
47. In exercise of the powers conferred by clause (ob) of sub-section
(2) of section 87 read with section 43A of the Information Technology Act,
2000 (21 of 2000), the Central Government has framed the Information
Technology (reasonable security practices and procedures and sensitive
personal data or information) Rules, 2011(“Privacy Rules”) which makes it
mandatory for any concern to deal with any personal information including
sensitive personal information as per the said Privacy Rules. In course of
providing the aforesaid Entries in the Contest, BEPL shall treat the
information and pictures as sensitive and confidential and as per the
aforementioned Privacy Rules such information has to be now dealt with as
per the provisions specified in the said Rule.
48. For the purposes of the Contest, MSMW may contract with the service
providers to perform functions or services on its behalf. Such service
provider may have limited access to the Participant(s) personal information
needed to perform their functions but shall be restricted from using such
personal information for purposes other than providing services to MSMW
solely in connection with the Contest. MSMW shall ensure, on reasonable
efforts basis, that its service providers that have limited access to
personal information provided by the Participant(s) to provide the services
or perform their function for MSMW, are subject to the same level of
privacy protection as is required by the applicable laws. The
Participant(s) hereby agreed that they shall not file any claim against
MSMW for sharing for such personal information. Please refer to Channel’s
Privacy Policy that governs the use of your personal information.
49. MSMW shall deal with any Data/Information including sensitive
personal information, if any, that it receives from MSMW or otherwise
collects, holds, uses and processes in the following manner: a) Company may
also disclose Data/information including sensitive personal information, if
any, to governmental agencies and regulators (e.g., tax authorities),
social organizations (e.g., the social security administration), human
resources benefits providers (e.g., health insurers), external advisors
(e.g., lawyers, accountants, and auditors), courts and other tribunals, and
government authorities, to the extent required or permitted by applicable
legal obligations upon prior written approval from MSMW. b) The level of
data protection using technical, managerial, operational and physical
security control measures by MSMW shall be such as to be in compliance with
all applicable laws including but not limited to Information Technology
Act, 2000 and Privacy Rules. The term ”Data/Information” including
sensitive personal information, if any, shall mean and include the name and
contact information (home address, telephone and fax numbers and email
address), valid identity proof such as passport number, driver’s license
number, permanent account numbers, social security numbers or other details
pertaining to the identity of the Participants. The photos and images
uploaded by the Participants, shall be retained by MSMW till the winners are
declared and the promotions with respect to the winners is completed.
50. Participants confirm that the pictures uploaded by them or any part
thereof do not infringe upon the statutory rights, common law rights,
intellectual property rights including copyrights in literary, dramatic,
musical or motion picture rights, patent rights or the trademark or trade
names of any person, firm, corporation, association or entity whatsoever.
Neither the Pictures nor any part thereof violate the statutory rights of,
or the right of privacy, or constitute a libel or slander against any
person, firm, corporation, association or entity whatsoever, or violate any
other rights not herein specifically enumerated. No pictures or any part
thereof shall be defamatory or contribute contempt of court or breach of
contract, or breach of any provision of statute, nor hurt the sentiments of
religious groups. In the event of any infringement and/or any unlawful
usage of any information including pictures provided by the Participants,
MSMW shall not be held liable on any account whatsoever.
51. By participating in the Contest, entrants agree to release and hold
harmless the MSMW, together with their respective parents, subsidiaries,
affiliates, advertising and promotion agencies, together with the
respective officers, directors, shareholders, employees, and agents of each
(aforementioned individuals and organizations collectively, the “Released
Parties”) from and against any and all losses, damages, rights,
claims and actions arising out of participation in the Contest or receipt
or use/misuse of any prize, including, but not limited to: (a) unauthorized
human intervention in the Contest; (b) technical errors related to
computers, servers, providers, or telephone or network lines; (c) printing
errors or any errors made in the advertisement of the Contest; (d) errors
in the administration of the Contest or the processing of entries; (e)
changes to platform policies and procedures that may interfere with the
operation of the Contest; (f) claims based on publicity rights, defamation
and/or invasion of privacy and the collection, use and/or sharing by
Sponsor of personally identifiable information of the entrants; or (g)
injury or damage to persons or property which may be caused, directly or
indirectly, in whole or in part, from entrant’s participation in the
Contest or receipt of any prize.
52. Submission Rights Grant: By participating, except
where prohibited by applicable mandatory law, each Participant hereby
grants to MSMW, its affiliates, successors, licensees, assignees and MSMW’
authorized designees, a perpetual, fully-paid, royalty-free, transferable,
fully sublicenseable, worldwide, irrevocable, non-exclusive right and
license to use, adapt, translate, reproduce, edit, modify, create
derivative works from, combine with other works, post, transmit, perform,
display, publish, communicate, communicate to the public, broadcast,
reformat, make available, disseminate, distribute, and/or otherwise aurally
and/or visually exploit (any one or more of the foregoing referred to as
‘Use’) the entirety of the rights in and to the “Submission” (and all
renewals and extensions of copyright, and the right to secure copyright
registrations thereto in perpetuity), which includes both the Entry and the
other registration information that the entrant provides, and the
Participant’s name, likeness, image, photograph, voice, performance,
rendering, signature, silhouette, sounds and/or biographical data contained
therein and/or in the registration information accompanying the
Participant’s contest entry, or with respect to any photography, video,
audio or other recording of the Participant or any person included in the
Entry or in connection with any participation in the Contest or related
events, in any media, manner, technology or content delivery mechanism now
known or hereinafter devised, for any purpose, including, without
limitation, in connection with the Contest, its administration, judging,
advertising and/or publicity, and in connection with the promotion,
advertising, publicity and/or other exploitation of MSMW’ initiative, on
any MSMW property or otherwise, without the necessity of further consent or
additional consideration. Winner accepts and acknowledges that MSMW shall
not be obligated to use the Submission, or any part thereof, and that MSMW,
in their discretion, shall have the right to refrain from using the
Submission. MSMW shall not incur any liability whatsoever to the extent MSMW
chooses to refrain from any exploitation of its rights hereunder.
53. The Participant(s) and/or the Winner shall fully indemnify, defend
and hold harmless, MSMW its affiliates, officers, directors, employees and
agents and Facebook, Instagram and Twitter (collectively the “Indemnified
Persons”) from and against any and all losses, claims, actions, damages,
liabilities, penalties, costs and expenses, (including without limitation
reasonable attorneys’ fees and court fees) (collectively “Losses”), that
the Indemnified Person may incur or suffer or likely to incur or suffer as
a result of or arising out any (i) breach of any terms hereunder; (ii)
willful misconduct or negligent acts or omissions; (iii) any claims by any
third party for any losses, damages, costs, expenses, injuries suffered by
such third party, arising out of or in relation to the Participant(s)
and/or the Winner during the Contest and/or enjoyment of the Prize(if any).
54. The Contest is void where prohibited by law. All relevant national
and local laws apply.
55.The Contest shall be governed by and construed in
accordance with the applicable laws in India. All matters with respect to
the Contest are subject to the jurisdiction of the Courts at Mumbai only.
Specific T&Cs
Contest announcement
|
On 21st August 2023 on Social Media, Channel and on the
Website – www.sonybbcearth.com/Earthinfocus
|
Platform on which Contest shall be available
|
Website –
www.sonybbcearth.com/Earthinfocus
Entries submitted on any other platform will not be
considered
|
Start and End Timing for posting the Entries
|
August 21 st 2023 at
11:00
hours Indian Standard Time (“IST”) and
ending on October 15 th 2023 at 23:00 hours
IST
|
Start and End Timing for Voting
|
November 02 nd 2023 at 08:00 hours Indian
Standard Time (“IST”) and ending on
November 25 th 2023 at 23:00 hours IST
|
Entries
|
· Participants are required to submit the
photographs taken by them based on the themes provided
below:
· Main theme: Pride Of India
· 3 subcategories: Portraits, Monuments and
Wildlife
· Each Participant can upload 1 entry under each of
the subcategory, amounting to a maximum of 3 entries in
all.
· All the Entries to be uploaded directly on the
microsite only with a short description or caption detailing
their vision for the Entry (250 characters or less), in
English only. Entries submitted without the description
will not be considered.
· Participants must submit the following details
while uploading entry – Name, City, Email address
· Additional Details:
· Size limit of 10MB per image.
· Formats supported – JPG, JPEG, PNG
|
Voting
|
· All the shortlisted entries will be displayed
together on the website on 23 rd Oct. The
display would be in a random manner and in no specific
order.
· During the Voting Period, the Participants need
to accumulate votes on their Entries, for which they can
share links of the Entry across all their own accounts on
the social media platforms directly from the Website.
· Voter can submit only one vote per image. There’s
no limit on the number of images that a person can vote for.
· At the end of the voting period, from each
category the top 25 move to the next level (Judge’s review)
– 75 in all.
|
Selection
|
· Post the expiry of the Voting Period, under each
category top 25 entries based on the number of votes will
be selected for the expert Judge’s review
· Sony BBC Earth is not obliged to disclose the
number of votes for the selected entries, or the rest.
· An expert judge will select one best entry for
the 25 selected Entries under each subcategory based on the
following parameters:
· Artistic Visual appeal
· Originality and Creativity
· Extent to which the description captures the
essence of the photograph.
|
Specific Process for choosing the Winner
|
1) The decision of Judges and MSMW in choosing
the Winners shall be final and binding on the Participants
and the Participants while participating into this
Contest agree to accept MSMW’s decision as final without
any further claim in this regard.
2) MSMW shall not entertain any mail or query
questioning or otherwise asking for the definitive process
for choosing the Winners and the Participants by
participating in the Contest shall be bound by these
T&Cs and Basic T&Cs.
3) MSMW reserves the right to withdraw or
discontinue and/or terminate the Contest at any stage
without prior notice and without any liability whatsoever
to the Participants.
|
Announcement of the Winner
|
All 3 Winners (1 in each category) will be announced on
the social media pages of the Channel, the Website and/or
email which will include the Winners Entry along with the
description provided by them at the time Entry
|
Prize
|
Gratification for the final 3 winners:
· Sony-zv-1f-vlog-camera (1 unit per winner)
· The runners up will stand a chance to win
Portable vlogging kit (1 unit each)
· Feature on Sony BBC Earth’s official social media
pages
· Sony BBC Earth reserves the right to not
feature the winning entries on-air and is not obliged to
intimate in advance.
· Virtual meet and greet with the judge (either on
FB/Insta Live or Zoom). Date, time and duration will be
decided as per judge’s and Winners’ convenience.
|
Specific Terms of Participation/Process of
Participation
|
· Participants at all times shall ensure that the
entries:
i. Are their original work and shall not violate the
rights of any third party, including, but not limited to,
privacy rights, copyrights, trademark rights and/or any
other intellectual property rights;
ii. is not abusive, harmful, harassing, blasphemous,
defamatory, obscene, libellous, 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;
iii. does not harm minors in any way;
iv. does not violate any law for the time being in
force;
v. does not deceive or mislead about the origin of such
messages or communicates any information which is grossly
offensive or menacing in nature;
vi. does not contain software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer
resource; and
vii. shall not create any liability for MSMW or any of
its respective parents, subsidiaries, affiliates,
successors, assigns, employees, agents, directors,
officers and shareholders.
· Participants always shall ensure that they have
obtained authorization for the inclusion of any
third-party materials (including, without limitation,
company names, logos, music, name, voice, image, likeness
or other branding elements of any third party) that are
included within Entry
· Digital manipulation that distorts the reality of
the images will not be allowed and only basic
enhancements such as sharpening contrast adjustments, or
simple cropping will be allowed.
|