Terms & Conditions - Recipe Contest

Terms & Conditions

Published On Dec 06, 2023 | Updated On Feb 20, 2024

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Please read the following Terms and Conditions before participating in the call for entry conducted by Zee Entertainment Enterprises Ltd (“ZEEL”) in relation to the Contest. By voluntarily participating, the Participant/ Parent and/or Guardian hereby agrees to be bound by these Terms and Conditions and represent that they satisfy all of the eligibility requirements set out hereinbelow.

1. “India’s 50 Best Dishes Viewers Edition” (“Contest”) is being organized and conducted by ZEEL and these terms and conditions (“Terms and Conditions”) set out herein govern the rules of the call for entries towards participation in the Contest and shall be also available at Zee Zest’s official website (defined below) on terms more particularly described hereinbelow, which Participant (defined below) agrees to be unconditionally bound by.

2. Each person submitting their Entry for the Contest is hereinafter referred to as a “Participant/s”.

3. The call for entries by the Participants will commence from December 7, 2023 at  3 :00 PM IST to January 6, 2024 at 11.59 PM IST, on all days of the week i.e., Monday to Sunday (“Submission Period”). ZEEL shall retain the right to use any Entries (defined below) that may be submitted post this deadline in any manner that ZEEL deems fit. ZEEL shall have the right to modify/extend/cut down the Submission Period at its sole discretion without any prior intimation to any Participant. ZEEL recommends all Participants and/or Parent/ Guardian on behalf of the Participant to periodically check these Terms and Conditions to check for any changes to the Submission Period and/or other terms contained herein.

I. ELIGIBILITY

4. Participant should be an Indian citizen and shall be of any age group as on the date of submission of the Entry (defined below). However, Participants below the age of 18 shall register through their Parent/ Guardian. The Participant shall be fit and as required for the Contest and not have present or past psychological problems, have no records of criminal conviction and/or moral turpitude, not be bound by any arrangement or contract with any third party that prevents the Participant from participating in the Contest.

5. Participation in the Contest by a minor, i.e., below 18 years of age, shall mandatorily be through and after accepting consent from their respective Parents/Guardians of the minor Participant. The Parent / Guardian of the minor Participant shall submit the Entry on behalf of the minor Participant.

6. For the sake of clarity, any viewer who meets the above-mentioned eligibility criteria shall be eligible to Participate by submitting Entry(ies) (defined below).

II. SUBMISSION PROCESS

7. Interested Participants may submit the Entries (defined below) (“Submission Process”) in the following manner:

• The Participant and/or Parent/ Guardian on behalf of the Participant shall log onto zeezest.com (“Website”) and post a picture of the dish along with the recipe detailing the ingredients along with a step-by-step cooking process. The Participant shall include his/ her name, contact number, age, gender and email ID in his application. (individually referred to as “Entry” and collectively as “Entries”). The Participant agrees and acknowledges that it is an original recipe that he/she is sharing as part of the Contest.
• The dish shall be specific to a particular state of India and may originate from any state irrespective of where the Participant resides. Eg – If a Participant lives in Mumbai, he/she may share the recipe of a Kashmiri dish or a Rajasthani dish. The Participant may share more than 1 (one) recipe of a dish and all recipes uploaded on the Website shall be visible to anyone having access to the Website.
• In the event the Submissions made by the Participants and/or Parent/ Guardian on behalf of the Participant are not up to the technical and creative requirement of ZEEL, ZEEL holds the right to reject such Entries which are not in compliance with the specified technical and creative requirements of the Contest.

III. SELECTION PROCESS

8. ZEEL shall scrutinize all the Entries and/or information provided by each of the Participant(s) at the submission level. Subject to acceptance and compliances of these Terms and Conditions, ZEEL shall, at its sole discretion, select a total of 50 (fifty) winners (“Winner(s)”) among all the Entries received (“Selection Process”) during the Submission Period. For purposes of clarity, submission of an Entry by a Participant and/or Parent/ Guardian on behalf of the Participant shall be deemed to be an offer by the Participant to ZEEL to accept their participation or reject it at its sole discretion. Any publicity, auditions and/or calls for entry for the Contest conducted by ZEEL shall only be deemed to be an invitation to submit an offer to ZEEL for participation in b the Contest.

9. The Winner(s) will avail the chance to be featured on a microsite of the Website and as part of   a digital recipe book which shall be promoted on ZeeZest’s social media handles (“Prize”)  for “India’s 50 Best Dishes” (“Program”) which shall be telecasted on the channels of ZEEL viz. “Zee Zest,  and/or any other channel owned by ZEEL (“Platform”)

10. The Winner shall be determined by February 2, 2024. ZEEL and/or through its authorized third-party personnel shall make only one (1) attempt to get in touch with the Winners through the contact number provided by the Winner at the time of submitting the Entries. The Winners shall be required to cooperate, provide further details, enact/perform based on the specifications provided by ZEEL. In case the Winner(s) fails to respond within 48 (forty-eight) hours of ZEEL attempting to contact the Winner, the selection of that particular Participant shall be invalidated and ZEEL at its sole discretion may select another Winner from amongst the eligible Participant(s) who qualify as per the criteria stated above to receive the selection. ZEEL shall not be responsible or liable for any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which ZEEL is unable to intimate the Winner.

11. The Winner shall only be eligible for the Prize after proper identification and verification. The final decision of the mode and manner of delivery of the Prize shall be of ZEEL and shall not be disputed by the Participant failing which ZEEL shall have the right to choose any other Winner as it deems fit.

12. Upon being declared a Winner, the Winner will be required to comply with the following prerequisites prior to being given the Prize by ZEEL:
● Reconfirming name, address, age, sex of the Winner;
● A copy of self-attested Photo identity card such as Aadhar Card / Voter Card / Permanent driver’s license / Valid Passport of Winner and Spouse;
● Any valid Proof of address of Winner; and
● Two valid telephone numbers.

13. In addition to the above, in case ZEEL requires any additional documents/ information, for confirmation, ZEEL shall convey the same to the Winner and the Winner will be required to comply with requirements of ZEEL. In case of non-compliance in submission of such documents/ additional documents/ information, ZEEL may decide against giving the Prize to the Winner and the Winner shall have no objection to the same.

14. The Prize shall not be transferable. The Prize shall not be redeemable for kind. No request shall be entertained by ZEEL in this regard. ZEEL disclaims any liability arising from the Prize.

15. The Winner shall be credited for his/her recipe in the Prize. ZEEL accepts no responsibility and shall not be held liable for any third party claim for any recipe shared by the Winner and subsequently included in the Prize.

16. ZEEL shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize.

17. The Participant and/or Parent/ Guardian on behalf of the Participant expressly agrees that ZEEL will have the unfettered right to reproduce all the Entries on any and all formats, media and/or mediums including but not limited to television, internet, mobile, print, etc.

18. All rights (including intellectual property rights), title, claim and interest in the promotional material(s) and any/all Entries received shall always vest solely and exclusively with ZEEL.

IV. TERMS AND CONDITIONS GOVERNING SUBMISSION AND SELECTION PROCESS

19. Participants and/or Parent/ Guardian on behalf of the Participant hereby agree that there is no monetary or any other form of gratification offered by ZEEL for participation. The Participant(s) and/or Parent/ Guardian on behalf of the Participant understand that the judging criteria and process shall be strictly as per the requirement of ZEEL and each Participant(s) agrees to be bound by such process. Participants and/or Parent/ Guardian on behalf of the Participant understand that they may not be chosen or may be eliminated and undertake not to take any action against ZEEL for such non-selection/ elimination. In the event that any of the Participant is unwilling to adhere to the terms of ZEEL at any stage of the Selection Process such Participant shall be immediately disqualified, and they shall not be permitted to participate.

20. Participant(s) and/or Parent/ Guardian on behalf of the Participant shall ensure that the Entries are made in the manner required and specified herein and only for the purpose of submitting the same for being shortlisted for the subsequent screening levels. Each Participant shall ensure that the Entries have not been and will not be made available in any other manner on any other modes, mediums or platforms in any manner whatsoever. The Participant(s) and/or Parent/ Guardian on behalf of the Participant shall be solely and completely responsible for making the Entries in the manner as specified herein within the Submission Period. Any Entries made in contravention of the aforesaid shall not be considered by ZEEL for any further levels of screenings.

21. In consideration for the chance of being selected, all Entries shall, upon being submitted to ZEEL through the designated mediums, be assigned in totality and perpetuity on a worldwide basis to ZEEL. ZEEL shall own all rights, title, interest in the Entries, and any and all parts thereof, for use in any manner whatsoever, including for publicity or as a part of any program. The Participant and/or Parent/ Guardian on behalf of the Participant shall be solely responsible for ensuring that the Entries are rights cleared and shall be liable for any claims, etc., which may arise on account of the Entries. The Participant and/or Parent/ Guardian on behalf of the Participant agrees, acknowledges and understands that the Entries shall be retained and used or shared by ZEEL and/or sponsor in respect of the promotion, marketing and otherwise in any other manner, as they deem fit. The Participant and/or Parent/ Guardian on behalf of the Participant agrees and undertakes that they shall not take any action against ZEEL for retention and/or use of such Entries. By participating and by submitting the Entries consisting of Participant contact or other details, you hereby grant ZEEL and the sponsor(s) of Contest to use, process, retain and monetize the entries for any purposes including commercial and marketing purposes. For purposes of clarity, the Participant and/or Parent/ Guardian on behalf of the Participant shall not be entitled to use/exploit the Submissions for any purpose whatsoever whether commercial or non-commercial including but not limited to uploading the same onto their personal social media accounts in posts and/or stories, etc.

22. The Participant and/or Parent/ Guardian on behalf of the Participant represents and warrants that he/she shall not directly or indirectly create anything which is similar to the Submissions as specified above for the purpose of any show and/or contest and/or any other purpose whatsoever.

23. The Participants and/or Parent/ Guardian on behalf of the Participant acknowledge that by submitting their Entries, the Participants and/or Parent/ Guardian on behalf of the Participant are expressly granting ZEEL all required and necessary rights to use any and all information provided as a part of the Entries, in any manner as required by ZEEL, including sharing all the information provided with third parties. The Participant and/or Parent/ Guardian on behalf of the Participant confirms the accuracy of all information provided by the Participant and shall be absolutely and completely liable for any inaccuracy and claims/expenses arising thereof. The Participant and/or Parent/ Guardian on behalf of the Participant hereby waives any and all rights and undertake that they shall not object to ZEEL’s use of the Entries in any manner. The Participants and/or Parent/ Guardian on behalf of the Participants confirm that the Entries/Submissions shall not be obscene, vulgar, defaming, denigrating women, artists, celebrities or children, hurting religious sentiments, depicting violence or against the public policy of India or/and the internal policies of ZEEL.

24. ZEEL may determine the correctness, validity, and appropriateness of the Entries, at their sole discretion.

25. ZEEL reserves the right to disqualify any Entry(ies) immediately from the Selection Process if any Participant(s) and/or Parent/ Guardian on behalf of the Participant has supplied untruthful, inaccurate or misleading details and/or information, of any nature and/or have failed to abide by any of the rules and/or are in breach of the terms hereof.

26. If any Participant and/or Parent/ Guardian on behalf of the Participant does not send in the Entry within the Submission Period as required by ZEEL, such Participant shall be disqualified immediately and shall not be given any further opportunity to participate as determined by ZEEL at their sole discretion.

27. The entire Selection Process shall be at the sole discretion of the ZEEL. Mere participation in the Selection Process and sending Entries does not entitle the Participant to be selected. The Selection Process may vary and shall be as per ZEEL’s sole discretion. The Participant and/or Parent/ Guardian on behalf of the Participant or any third party shall have no right to question or dispute the Selection Process. ZEEL shall have the right to determine the criteria for the selection and shortlisting process in their sole discretion.

28. ZEEL may at any point at its sole discretion change/modify or cancel the Selection Process or announce another Participant in place of the originally announced Participant and the decision of ZEEL shall be final, binding and irrevocable. The Participant and/or Parent/ Guardian on behalf of the Participant shall not have the right to claim any damages or monies from ZEEL. By participating in this Selection Process, the Participant and/or Parent/ Guardian on behalf of the Participant waives any right to make any such or other claims against ZEEL.

29. In the event any of the following occurs, the Participant and/or Parent/ Guardian on behalf of the Participant shall not have any right or claim against ZEEL in this respect or for any other reason whatsoever:
i. The documents or details are not correct in the opinion of ZEEL; or
ii. Documents so required are incomplete, misleading or untrue; or
iii. The Participant fails to provide/execute any document as may be required by ZEEL.

30. If ZEEL so elects, Participants will be required to submit to a confidential background check to confirm eligibility and help ensure that the Participant and/or Parent/ Guardian on behalf of the Participant will not bring ZEEL Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on ZEEL as determined in their sole discretion.

31. All submissions shall be subject to completion of the procedures by the Participant and/or Parent/ Guardian on behalf of the Participant as per instructions given by ZEEL or the authorized representatives of ZEEL from time to time. ZEEL shall not be liable for any failure of receipt or incomplete submissions. On verification, if any of these documents are not found to be in order, the participation of the Participant in the Contest may be terminated immediately by ZEEL.

32. ZEEL shall not be responsible for any network/website/application-related issues that a Participant may face at the time of submission.

33. The Participant and/or Parent/ Guardian on behalf of the Participant or any person related to them shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.

34. The Participant and/or Parent/ Guardian on behalf of the Participant represents that the Participant is fit and as required for the Contest and does not have present or past psychological problems. If in the past if the Participant had any psychological problems or physical challenges or has been under medication for any psychological, anxiety, hypertension, depression or any other medical problems the same has been disclosed to ZEELs in writing along with a copy of the certificate from a qualified medical practitioner declaring the Participant to be fit for participation in the Selection Process.

35. The Participant and/or Parent/ Guardian on behalf of the Participant agrees that in the event if they refuse to perform any of the acts as required as part of the Contest, such refusal will lead to disqualification of such Participant to be determined at sole discretion of ZEEL.

36. The Participant and/or Parent/ Guardian on behalf of the Participant confirms that they have not been accused or convicted or otherwise involved in any criminal offense and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to ZEEL in writing. Participant and/or Parent/ Guardian on behalf of the Participant confirms that the Participant is not required to be present before any authority including policy or any court of law for a term of twelve (12) months from the date of application and has no other disability (whether physical, mental, legal or any other form of disability) which would prevent his/her participation in the Selection Process or the Contest (if selected).

37. The submission does not guarantee the Participant to be selected and such selection shall be strictly as per the sole discretion of ZEEL. Participant and/or Parent/ Guardian on behalf of the Participant shall not waive any right to question the Selection Process, non-selection of the application and/or the selection of any other Participant.

38. ZEEL reserves the right to change the time of the Selection Process as per its discretion at any point of time.

39. ZEEL shall have the sole discretion to discontinue/cancel the participation of Participant at any point and  the Participant and/or Parent/ Guardian on behalf of the Participant shall not raise any claim due to such discontinuation or cancellation.

40. Taking part in the Submission Process shall be deemed to be consent by each Participant and/or Parent/ Guardian on behalf of the Participant to receive promotional messages and/or e-mails (as the case may be) from ZEEL or sponsor of the Contest or any third party authorized by ZEEL.

41. Unless otherwise expressly stated, copyright, database right or similar rights in all material in relation to the Contest (including graphical images, text, video clips, demographics, sounds, demos, patches and other files) is owned, controlled or licensed by ZEEL or its affiliates and is protected or covered by copyright, trademark, intellectual property law and other proprietary rights. Unless with prior permission, no part of the Platform or the Contest may be reproduced or transmitted to or stored in any other website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.

42. ZEEL reserves the right to modify, amend and alter these Terms and Conditions without any prior notice. You are advised to access, view, and keep yourself informed of the Terms and Conditions. If you do not agree with any of the Terms and Conditions thereto, you must not participate in the Contest.  

43. In the event of any violation of these Terms and Conditions or in case it comes to the knowledge of ZEELs that the details submitted by the Participant and/or Parent/ Guardian on behalf of the Participant in the Entries are not correct, the Participant shall immediately be disqualified from the Selection Process and shall solely remain liable for any action (criminal and/or civil) arising there from.

44. ZEEL understands that the Contest may involve participation of children and warrants to observe and ensure that the Parents or Guardian of such children also observe guidelines to regulate child participation in the Contest as provided by the National Commission for Protection of Child Rights (“NCPCR Guidelines”). Further, ZEEL undertakes to comply with Section 3(2)(b) of the Child and Adolescent Labour (Prohibition and Regulation) Act 2016, safety measures as prescribed in Rule 2(c) and 2 C (b) of Child and Adolescent Labour (Prohibition and Regulation) Rules 1988 including but not limited to such the laws relating to the participation of children, during the shoot of this Contest and ensure the welfare of the children participating in this Contest.


V. OTHER TERMS

45. Each Participant and/or Parent/ Guardian on behalf of the Participant hereby represents that he/she is not under any exclusive contracts with any third party/ agency or is not under any kind of disqualification under the law to enter into an agreement with ZEEL as the case may be.

46. The Participant and/or Parent/ Guardian on behalf of the Participant agrees and acknowledges that for the purpose of the Contest, ZEEL and its representatives may gain access to the personal information of the Participant. ZEEL takes appropriate technical and organizational measures to protect the personal information provided by the Participant and/or Parent/ Guardian on behalf of the Participant against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. However, ZEEL cannot guarantee the security of any personal information or data which the Participant and/or Parent/ Guardian on behalf of the Participant discloses. In any event, Participant and/or Parent/ Guardian on behalf of the Participant agrees not to hold ZEEL responsible for any breach of security, except in case of negligence or willful default on the part of ZEEL under the relevant legislation.

47. ZEEL shall not be under any obligation to the Participant and/or Parent/ Guardian on behalf of the Participant and shall have no obligation or rights in relation to the Contest and shall have no claims whatsoever against ZEEL relating to the Selection Process, gratification or the running of the Contest.

48. All Participants and/or Parent/ Guardian on behalf of the Participant shall abide by the rules and regulations thereof. Further the instructions of ZEEL shall be adhered to strictly.  Any Participant who acts in contravention to the instructions of ZEEL shall immediately be disqualified from participating in the Contest.

49. The Participant and/or Parent/ Guardian on behalf of the Participant shall at all times keep confidential the selection, screening, Contest and Platform and all details related to it, which he/ she/they might be informed of or which he/ she/they might learn or come to know during the submission or the Selection Process. The Participant and/or Parent/ Guardian on behalf of the Participant shall at no time communicate to any third person or the media or give any interviews on his/her/their participation in the Selection Process or potential participation in the Program of ZEEL without prior written consent of ZEEL.

50. The decision of ZEEL in connection with the Selection Process will be final and binding and is non-contestable. In case of any dispute or difference in respect of this screening, the decision of ZEELs shall be final and binding on all concerned.

51. The Participant and/or Parent/ Guardian on behalf of the Participant shall be intimated by ZEEL directly. ZEEL shall not entertain any questions, correspondence, and inquiries on the manner of conduct of the Selection Process from any person whatsoever.

52. Reasonable attempts shall be made by ZEEL to contact the Winners through the contact details provided during the Submission and/ or in any other manner as deemed fit by the ZEEL and/or representative. ZEEL does not accept any responsibility for any incorrect and/or incomplete contact details provided and/or delay in receipt of contact details and/or non-receipt of contact details. ZEEL shall at its own discretion make or refuse to make additional attempts to contact any Participant and/or Parent/ Guardian on behalf of the Participant.

53. All submissions shall be subject to completion of the procedures by the Participant and/or Parent/ Guardian on behalf of the Participant as per instructions given by ZEEL or the authorized representatives of ZEEL. ZEEL shall not be liable for any failure of receipt or incomplete submissions.

54. Using of false names/ identities, illegal/false mobile numbers, fake email addresses and/or any other illegal means either online or in hard copies shall be considered as suppression of facts and if ZEEL has to suffer of any adverse consequence in this respect, the Participant and/or Parent/ Guardian on behalf of the Participant shall be penalized for the same in a manner as ZEEL may deem fit. If the Participant and/or Parent/ Guardian on behalf of the Participant is found indulging in any malpractices such as cheating, misrepresentation, providing false information then the Entry of such Participant and/or Parent/ Guardian on behalf of the Participant shall not be taken into consideration and strict legal action may be taken by ZEEL against such a Participant and/or Parent/ Guardian on behalf of the Participant. For purposes of clarity, the Participant and/or Parent/ Guardian on behalf of the Participant shall ensure that the acts/ performance in the Entries shall in no manner infringe any rights including the copyright of a third person/party. In the event of any violation to the aforementioned, the Participant shall be disqualified from the Contest, immediately, without any prior notice of the same and the Participant and/or Parent/ Guardian on behalf of the Participant shall solely be liable for any and all action arising therefrom and shall also be liable to indemnify ZEEL, its affiliates/group companies/employees, affiliates, assigns, agents, representatives, etc. against any and all losses, claims including third party claims, disputes, disruption, demands, actions, damages, liabilities, etc.

55. Acceptance of the terms and conditions by each individual Participant and/or Parent/ Guardian on behalf of the Participant confirms that irrespective of such participation leading to final selection or not, constitutes permission for ZEEL, and its affiliates to click photographs, record videos of the Participant, individually and jointly, and use the Participant’s, name, photographs, likeness, voice and comments for advertising and promotional purposes in any media worldwide in perpetuity for purposes of advertising and trade without any additional compensation whatsoever.

56. The Participant(s) and/or Parent/ Guardian on behalf of the Participant hereby agree and irrevocably acknowledge that ZEEL shall have the sole and exclusive right including but not limited to intellectual property rights (copyrights and trademarks) and other proprietary rights in and to the Program, the Participant’s appearance on the Program and all its components whatsoever. Participant and/or Parent/ Guardian on behalf of the Participant agrees that ZEEL shall be under no obligation whatsoever to exploit/use any of the materials contained in the Entries, Submissions and the Participant’s participation. In the event that ZEEL does not exploit/use any such materials for a period of 1 (one) year from date of assignment/submission of works, the Participant hereby confirms that the rights will continue to vest with ZEEL and waives its rights under Section 19(4) of the Copyright Act, 1957.

57. All the intellectual property rights with respect of the performance of the Participant(s) either in the Entries or in the Contest including but not limited to the copyright, rights of publicity, moral rights and any related rights shall stand waived and assigned in favour of ZEEL and the Participant and/or Parent/ Guardian on behalf of the Participant hereby agrees not to claim or enforce any of the aforementioned rights in any court, tribunal or any other forum whether in India or anywhere else. The Participant and/or Parent/ Guardian on behalf of the Participant also explicitly consents to ZEEL’s right to reproduce the Participant’ picture or the recording 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 of the Contest or any other Contest of ZEEL, except where prohibited by law.  Participant and/or Parent/ Guardian on behalf of the Participant also consents to ZEEL’s right to use Participant(s) name, voice or picture, or the content of his/her Entries or any other stages of Audition or any stage of the Contest or combine it with any other property of ZEEL without any further permission or compensation for such use in any and all media now known or in commercial use or developed based on media now known or in commercial use. The Participant and/or Parent/ Guardian on behalf of the Participant grants ZEEL irrevocable consent in perpetuity to the use of the sound recordings, photographs, video tape, and illustrations taken at any stage of the Contest, in any and all applications including but not limited to advertising, commercials, promotion, stories, text, articles, illustrations, copy and commercial exploitation, in any and all media forms, including but not limited to radio, broadcast and television, newspapers and magazines at any time without requiring the Participant and/or Parent/ Guardian on behalf of the Participant’s further knowledge or consent.

58. The Participant and/or Parent/ Guardian on behalf of the Participant undertake  that the Participant(s) shall not violate the rights of any third- party including but not limited to privacy rights, copyrights, trademark or any other intellectual       rights; shall not upload, store, collect, transmit or cause the upload, storage, collection, transmission, of any information through the website(s) and/or Platform(s) which violates any applicable laws, including, inter alia, belonging to another person; or is harmful, harassing, blasphemous, defamatory, obscene, invasive of other’s privacy, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, harms minors in any way, violates any law for the time being in force.

59. Any photographs, videos etc. submitted to ZEELs or recorded by ZEEL during the Selection Process, if any, or submission procedure shall on submission/creation become the property of ZEELs and shall be available to ZEELs for exploitation throughout the world in perpetuity. Participants and/or Parent/ Guardian on behalf of the Participant shall ensure that the photos or videos submitted by him/her in any public domain, or their performances are not obscene, vulgar, defaming, denigrating women or children, hurting religious sentiments, depicting violence or shall not infringe the rights of a third person.

60. Under no circumstance, unless due to willful misconduct or gross negligence, shall ZEEL and/or their directors, employees, officers, affiliates or subsidiaries, be liable to any Participant and/or Parent/ Guardian on behalf of the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if ZEEL has been advised of the possibility of such damages. Each Participant and/or Parent/ Guardian on behalf of the Participant 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 India against ZEEL and/or their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Contest / Platform/ Selection Process/participation.

61. The Participant and/or Parent/ Guardian on behalf of the Participant grants ZEELs irrevocable consent in perpetuity to use the Participants name, photographs, video tape taken during the Selection Process, in any and all applications including but not limited to advertising, commercials, promotion, stories, text, articles and commercial exploitation, in any and all media forms, including but not limited to radio, broadcast and television, newspapers and magazines at any time without the Participants’ further knowledge or consent.

62. Participant(s) and/or Parent/ Guardian on behalf of the Participant shall not, without ZEEL’s prior written consent, publicize in any manner including on social networks nor discuss with any party, including without limitation the press, about any information relating to the Selection Process or any other information which may come to your knowledge (including without limitation in relation to ZEEL, producer or any of its employees, consultants or vendors).

63. In any event, even in the event of unforeseen circumstances beyond the control of ZEEL, the Selection Process being canceled, Participant and/or Parent/ Guardian on behalf of the Participant shall not have the right to claim any damages or monies from ZEEL and by participating in this Selection Process, the Participant waive their right to make any claims against ZEEL whatsoever.

64. To enable submission of a Participant and/or Parent/ Guardian on behalf of the Participant and/or to participate in the Selection Process personally identifiable information which may include without limitation name, complete address, date of birth, citizenship details, email id, social media/s account name, profile picture, etc. of the Participant(s) (“Personal Information”) may be collected ZEEL and/or any third party engaged by ZEEL to enable the Platform and/or ZEEL to administer and/or promote the Program. If Participants and/or Parent/ Guardian on behalf of the Participant do not truthfully provide all requested Personal Information, then ZEEL may determine that such Participants are not eligible and such entries are not as per said rules and regulations and hence invalid.

65. The Personal Information of the Participant shall be provided by ZEEL to others assisting ZEEL in this regard, including its affiliates, associates, authorities, agents, sponsors, partners, employees, prize suppliers, distributors, deliverers and service providers (as applicable).

66. Participants and/or Parent/ Guardian on behalf of the Participant hereby agree and undertake that they shall not accept or undertake to accept/give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate them winning the Selection Process. Any knowledge of such an act shall lead to immediate disqualification of such Participants and ZEEL shall be entitled to take any/all actions against such Participants, as deemed fit by it.

67. ZEEL shall not be responsible for the quality or deficiency of the Selection Process and no claim or request, whatsoever, in this respect shall be entertained by ZEEL.

68. ZEEL shall not entertain any questions, correspondence, enquiries on the manner of conduct of the Selection Process or the selection and/or Submission Process or criteria for selection of the Winners.

69. It is clarified that Participants and/or Parent/ Guardian on behalf of the Participant in no circumstance, have any rights or claims against ZEEL.

70. By participating in the Selection Process/Submission Process, Participants and/or Parent/ Guardian on behalf of the Participant waives all copyrights and any related rights and expressly provide their consent to ZEEL for all acts including ZEEL’s right to click photographs, take pictures, shoot audio-visuals, tape, record and exhibit or portray him/her as the selected Participant and/or publish any content submitted by him/her. The selected Participant and/or Parent/ Guardian on behalf of the Participant further grant irrevocable consent in perpetuity to use, edit, exhibit, publish and/or commercially exploit/monetize the same by itself or through its appointed third parties/partners/sponsors etc., in any and all mediums, applications including for advertising, commercials, promotion, stories, text, illustrations, articles and commercial exploitation, throughout the world, in any and all media, mode or format whether now existing or hereinafter developed, including but not limited to radio, broadcast and television, newspapers, magazines, and electronic media, at any time without the selected Participant further knowledge or consent and without any compensation whatsoever.

71. No waiver of any rights by ZEEL will be taken as a waiver of any other rights it may have. For instance, if ZEEL waives its right to object to a particular breach of these terms and conditions by the Participant, it does not prevent ZEEL from objecting to any other breaches.

72. In case of any dispute or difference in respect of this Contest, Terms and Conditions, etc., the decision of ZEEL’s management shall be final and binding on all concerned. No correspondence disputing this Contest, Terms and Conditions, and any decision of ZEEL’s management, etc. will be entertained by ZEEL.

73. All rights, title, claim and interest, including but not limited to the intellectual property rights, in the promotional material(s)/activity and in any and all Entries of the Participants’ received shall vest solely and exclusively with ZEEL throughout the world in perpetuity. The Participant and/or Parent/ Guardian on behalf of the Participant agree and acknowledge that ZEEL or any person or entity permitted by ZEEL in this regard shall be entitled to the unrestricted use of the Entries received or any information in connection with the Entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and/or payment to the Participant. The Participant and/or Parent/ Guardian on behalf of the Participant shall not dispute the same at any stage. The Participant and/or Parent/ Guardian on behalf of the Participant hereby further undertake to do any and all acts and execute any and all documents in such manner and at such locations as may be required by ZEEL in its sole discretion in order to secure, protect, perfect or enforce any of the rights of ZEEL pursuant to this Contest and/or Terms and Conditions.

VI. NO LIABILITY

74. By entering this Contest, the Participant and/or Parent/ Guardian on behalf of the Participant agrees to hold harmless and keep indemnified the ZEEL, their agencies and their affiliates/subsidiaries/group companies, and judges, if any, of the Contest against any and all liability, damages or causes of action (however named or described) with respect to or arising out of: (i) Participant’s participation in the Contest; (ii) the content of the Works, (iii) the receipt or use of the prizes awarded; and (iv) the administration of the Contest and the distribution of prizes awarded. Participants and/or Parent/ Guardian on behalf of the Participant hereby release, waive and discharge any and all claims of damage, loss or causes of action (including negligence) including but not limited to loss or damage to person or property which the Participant , Parent/ Guardian on behalf of the Participant and his/her representatives or assignees may have, suffer or which may hereinafter accrue to the Participant and/or Parent/ Guardian on behalf of the Participant or as a result of the Participant’s participation in the Contest or use of the prizes awarded. Further, the Participant and/or Parent/ Guardian on behalf of the Participant further agrees to indemnify the ZEEL, their agencies and their affiliates/subsidiaries/group companies, and judges, if any, against any claims that might arise from his/her Works submitted to the ZEEL while participating in the Contest or due to any representations, misrepresentations or concealment of material facts by the Participant and/or Parent/ Guardian on behalf of the Participant. To the fullest extent permitted by applicable law, the Participant and/or Parent/ Guardian on behalf of the Participant hereby waives all claims against ZEEL for any indirect, incidental, punitive, remote and consequential losses/ claims/damages.

75. By participating in the Selection Process, the Participant and/or Parent/ Guardian on behalf of the Participant represent and warrant that the Entry submitted by the Participant and/or Parent/ Guardian on behalf of the Participant as well as any other data, information, submissions, material, details, images, etc. provided by as part of the Selection Process shall be in response to the information requested by ZEEL, and shall not be in breach of any third party rights or defame/offend any person, religion, cast, etc. and that it shall in no manner infringe any rights including the copyright of a third person/party. In the event of any violation to the aforementioned, the Participant will be disqualified from the selection Process with immediate effect. By participating in this Selection Process, the Participant and/or Parent/ Guardian on behalf of the Participant also represent and warrant that the Participant and/or Parent/ Guardian on behalf of the Participant will be solely liable for any and all action (criminal/civil) arising therefrom and shall also be liable to indemnify ZEEL, for any loss, claim, dispute, disrepute, disruption caused to it.

76. ZEEL or its partners/sponsors/production house etc. shall not be liable for any loss, injury, mental/psychological issues like anxiety, depression, stress etc. or even death caused to the Participant and/or Parent/ Guardian on behalf of the Participant during his/her participation in the Contest or Selection Process.

77. The Participant and/or Parent/ Guardian on behalf of the Participant acknowledges that ZEEL shall not be liable for any mishap, injury, accident, untoward incident, physical harm of any nature, death, loss of life or limb, etc., caused to them or their parents/guardians/relatives accompanying them, either before, during or after the Selection Process or during the shoot of the Contest; and the same shall not be attributed to ZEEL or its partners/sponsors/production house etc. and ZEEL or its partners/sponsors/production house etc. shall not be held responsible towards the same nor shall be liable to indemnify or make good any claim being raised against it, for whatsoever nature.

78. ZEEL will also not be liable for any loss of earnings, employment or any loss of opportunity and/or monetary loss due to the Participant and/or Parent/ Guardian on behalf of the Participant and arising as a result of his/her participation in the Contest / Selection Process.

79. Participant(s) and/or Parent/ Guardian on behalf of the Participant hereby agree to fully indemnify ZEELs against any claims for expenses, damages, or any other payments of any kind, including but not limited to that arising from his/her actions or omissions while participating in the Selection Process or arising from any representations, misrepresentations or concealment of material facts.

80. Taxes, duties or levies as may be applicable from time-to-time, for any reason, shall be borne and paid by the Participant and/or Parent/ Guardian on behalf of the Participant. In case the Participant and/or Parent/ Guardian on behalf of the Participant fails to comply with the applicable laws or pay the requisite taxes, duties or levies, if any, the Participant and/or Parent/ Guardian on behalf of the Participant shall indemnify ZEEL of any losses, claims, expenses, costs and actions for the same.

VII. MISCELLANEOUS

81. ZEEL reserves the absolute right to modify, amend or alter the rules governing the Terms and Conditions of the Contest in its sole discretion without giving any prior notice. The updated terms governing the Contest will be published by ZEEL at the same social media handles where the original Terms and Conditions are published. It shall be the sole responsibility of the Participants and/or Parent/ Guardian on behalf of the Participant to check the rules and regulations of the Entries of the Contest on the respective social media handles.

82. The interpretation and implementation of the Terms and Conditions shall be at the sole discretion of ZEEL. The decisions of ZEEL shall be final and binding, and not subject to challenge or appeal.

83. The Participant and/or Parent/ Guardian on behalf of the Participant hereby acknowledges that he/she has completely read and fully understood the above Terms and Conditions and agree to abide and be bound by it and all information given by the Participant is true and correct and the Participant and/or Parent/ Guardian on behalf of the Participant shall be responsible and liable to indemnify the ZEEL against any loss/damage/claims etc. arising due to any misrepresentation or incomplete information provided by the Participant and/or Parent/ Guardian on behalf of the Participant. Submitting an Entry(ies) and participating in the Contest shall be deemed as acceptance of these Terms and Conditions and it shall be deemed that due notice of the terms contained under these Terms And Conditions had been provided to the Participant and/or Parent/ Guardian on behalf of the Participant.

84. Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.

85. Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and/or Parent/ Guardian on behalf of the Participant and ZEEL.

86. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.

87. The Terms and Conditions shall be governed, interpreted by and construed in accordance with the laws of India and the Courts of Mumbai, India shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon these Terms and Conditions.

88. . The Participant and/or Parent/ Guardian on behalf of the Participant shall not (and shall not cause or permit others to) at any time, either during the continuance of the Period under this Agreement or thereafter, disclose any story, title, Entries submitted by the Participant to public or to any third parties. Notwithstanding the foregoing, the Participant and/or Parent/ Guardian on behalf of the Participant agrees and acknowledges that ZEEL and/or any party authorized by ZEEL shall be entitled to have access to the Entries at all times during the Contest. The Participant and/or Parent/ Guardian on behalf of the Participant acknowledges that the Entries are not being submitted/ disclosed to ZEEL in confidence.

89. The Terms and Conditions of and in relation to the Contest as stated herein, is an electronic record in Terms and Conditions of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

90. Participants and/or Parent/ Guardian on behalf of the Participant shall be solely responsible for any costs and expenses incurred towards internet connection charges, e-mail transmission charges, data transfer (send/receive) charges, mobile connection charges or other incidental costs or expenses as may be applicable, inclusive or exclusive of any other service charges, applicable taxes, levies, duties, cess, etc. depending upon the service provider.

91. ZEEL shall not be responsible for any errors or omissions in the Terms and Conditions contained herein. All information provided by ZEEL is provided “As is” without warranty of any kind. To the fullest extent permitted by applicable law, ZEEL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, ZEEL specifically disclaim any warranty (a) that the Platforms will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components that exist on the Platform (d) regarding the security of information submitted, and (e) regarding correctness, accuracy, or reliability. If parent/legal guardian of the minor Participant(s) use of the App, online entry form results in the need for servicing or replacement of Participant (s) or another's equipment or data, ZEEL are not responsible for those costs.

92. The Participant and/or Parent/ Guardian on behalf of the Participant represents and warrants that there are no alleged, threatening, or pending litigation related to him/her which will impact ZEEL in any manner.
93. Nothing stated in this Agreement shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision of this Agreement and any material statute, law, ordinance or regulation contrary to which the Parties have no legal right to contract then the latter shall prevail but in such event the provisions of this Agreement so affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
94. If any provision of these Terms and Conditions is deemed invalid by any law or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and ZEEL’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. ZEEL reserves the right to amend these Terms and Conditions at any time and without notice, and it is the Participants’ and/or Parent/ Guardian on behalf of the Participants’ responsibility to review these Terms and Conditions for any changes. The Participant and/or Parent/ Guardian on behalf of the Participant’s use of Zee Zest’s social media handles following any amendment of these Terms and Conditions will signify its assent to and acceptance of its revised Terms and Conditions.
95. The ZEEL does not make any commitment, express or implied, to respond to any feedback, suggestion and/or queries of the Participant and/or Parent/ Guardian on behalf of the Participant at any stage.

96. The Participant and/or Parent/ Guardian on behalf of the Participant understands the nature of the submission and the Participant and/or Parent/ Guardian on behalf of the Participant shall not under any circumstances use abusive language, obscene gestures, language containing sexual overtones, or make remarks with sexual innuendo or any defamatory statements against any person living or dead or ask any questions or make statements concerning the religion, caste, creed or sex during the term of these Terms and Conditions or anytime thereafter.

97. The Participant and/or Parent/ Guardian on behalf of the Participant represents, warrants and agrees that he/she shall at all times be in full and complete compliance with all applicable laws, statutes, acts, rules, and customary norms.

98. Any entry submitted by the Participant and/or Parent/ Guardian on behalf of the Participant in connection with the Contest shall be irrevocable and not subject to challenge or appeal.

99. ZEEL reserves the right to terminate and/or postpone the call for entries to the Contest without giving any prior notice to the Participant(s) and/or Parent/ Guardian on behalf of the Participant. Such decision shall be final and binding on the Participant(s) and the same shall not be disputed and/ or challenged in a court of law or otherwise.

100. The Participant and/or Parent/ Guardian on behalf of the Participant acknowledges that he/she has voluntarily chosen to participate in the submission of Entries of the Contest at his/her free-will without being under any coercion or duress, individually and jointly, and is willing to bear all risk, costs and consequences arising from such participation in the Contest.

101. The Participant and/or Parent/ Guardian on behalf of the Participant or any person related to them shall not attempt to gain unauthorized access to the Participant accounts, servers or networks connected to ZEEL’s services by any means including but not limited to disrupt ZEELs services by uploading content which contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource. The Participant and/or Parent/ Guardian on behalf of the Participant or any person related to them agrees not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support ZEEL or ZEEL services.

102. In case the Participant and/or Parent/ Guardian on behalf of the Participant is found to be in non-conformance of the Terms and Conditions and/or any of the terms of use, privacy policy etc. as mentioned on the Platform, then ZEE will be entitled to at its sole discretion disqualify the Entry received from that Participant and/or Parent/ Guardian on behalf of the Participant. Such a decision shall be final and binding on the Participant and/or Parent/ Guardian on behalf of the Participant and the same shall not be disputed or challenged. The Participant and/or Parent/ Guardian on behalf of the Participant shall solely remain liable for any action (criminal/civil) arising therefrom.

103. ZEEL, all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies shall not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Entries; (b) electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any disruptions, injuries, losses or damages caused by events beyond the control of ZEEL.

104. Neither ZEEL nor the Platform shall be responsible in case of any kind of network problem, technical failure whatsoever and/or the data charges/costs charged by the network operator(s) and/or any other problems in connection with submission of the Entry or any kind of problems in relation thereto and the same shall not be disputed or challenged.

105. ZEEL is empowered to take a decision on any case not covered by the present Terms and Conditions and the said decisions shall be considered as final and binding on the Participants.

106. These Terms and Conditions, together with the any other terms of use, privacy policy on any platform of ZEEL, constitute the entire agreement between the Participant(s) and ZEEL in relation to the call for entries of the Contest and supersede all previous agreements in respect of the Participant’s participation. In the event of any inconsistency between any Terms and Conditions or Conditions contained herein and any other terms of use, privacy policy on any platform of ZEEL, the terms under these Terms & Conditions shall control and govern to the extent of such inconsistency or ambiguity.

107. ZEEL shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Contest and/or conducting the call for entries of the Contest on account of any force majeure factors or otherwise.

108. The employees, the immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren) of the employees, representatives, agents etc. of ZEEL and/or its affiliates, associates, and/or group companies, advisors, advertising agencies etc. are strictly prohibited from participating in the call for entries of the Contest.
 


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