Terms and Conditions for Sony BBC Earth ‘Earth in Focus’ contest

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