Terms and Conditions for “Fun Unlocked - Party time with YAY” Contest
The following terms and conditions (“T&Cs”/ “Terms and Conditions”) shall be applicable to Sony Pictures Networks India Private Limited (“SPN”) owned television channel ‘Sony YAY!’ (“Channel”) contest conducted by SPN which shall function in a manner as specified in Specific T&C’s at the end of this T&C and the Contest shall be termed as follows:
- “Fun Unlocked - Party time with YAY” Contest on Sony YAY (“Contest”)
The T&Cs shall be in two parts (a) Specific T&Cs for each Contest and Basic T&Cs for the Contest.
Following are the terms that shall be applicable to the Contest:
- The Contest is open only to Indian citizens. Citizens and/or residents of other cities, states and countries are not eligible to participate.
- Contest shall be open for participation as per the timelines specified in the T&Cs for Contest.
- Employees, agents and promoters (including their immediate family members) of SPN 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.
- The Contest terms and conditions shall be mentioned on SPN website https://www.sonyyay.com/in-en/home(“Website”). The Parents/Guardians of the Participants agree that by participating in the Contest, the Participants shall be bound by the terms and conditions provided at the Website.
- The Parents/Guardians of the Participants may be required to provide basic personal information about them including but not limited to Participant’s name, address, their telephone number or mobile number and email address in order to register and participate in the Contest. The information provided by the Parents/Guardians of the Participants may be used by SPN for internal purposes and to send in the future to the Parents/Guardians of the Participants promotional information pertaining to the SPN network.
- The manner, day and the basis of choosing the winner (defined below) shall be specified in the T&Cs of the Contest.
- The announcement about the Winners and the Prize(s) (defined below) shall be as per the T&Cs of the Contest.
- Method and time of prize distribution: SPN shall inform the Winners by such means as specified in the Specific T&Cs. SPN may or may not announce the Winners via the Website.
- The time and mode of distribution of the Prize(s) shall be at the sole discretion of SPN.
- The Participant can win only once in this Contest. Any subsequent wins of the Participant (if declared) will be automatically void.
- The Parents/Guardians of the Participants should ensure the accuracy of the information provided by them at the time of entering the Contest.
- The Parents/Guardians of the Participants shall not post any profanity or abusive comments on the respective Website’s Contest page/ Channel’s website/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 SPN reserves its rights, in addition to removing such post, to take a legal action against such participant and/or user.
- The Parents/Guardians of the Participants agree no clarifications on the questions and the answers used in the Contest shall be entertained by SPN.
- By participating in the Contest, the Parents/Guardians of each Participant agrees to follow these Terms and Conditions and is deemed bound by any decisions made by SPN in its sole discretion, including any interpretations of the Terms and Conditions.
- SPN 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 a consequence of computer service delays, interruptions, electronic failures or overloads, or for lost, misdirected or misplaced Entries.
- While accepting the Prize(s), the Parents/Guardians of the Winners may be required to sign an “indemnity and release of claims” form provided by SPN, as the case may be, which shall release SPN of all liability. Failure to complete and sign any documents requested by SPN may result in disqualification and selection of an alternate Winner. All decisions of SPN are final in this regard.
- Mere participation in the Contest does not entitle the Participants to win the Prize(s).
- The Prize(s) will be awarded to the Winners in accordance with these Terms and Conditions.
- SPN may refuse to give the Prize(s) to Participant(s) in the event of his/her or the Parents/Guardians of the Participants’ fraud, dishonesty or non-entitlement to participate in the Contest under these Terms and Conditions.
- The Prize(s) shall be delivered to the Winners subject to submission of all relevant documents, if required in accordance with these Terms and Conditions of the Contest.
- The Prize(s) are not transferable, assignable or exchangeable for cash equivalent. Only the prize Winners and no other person or agent, may claim the Prize(s).
- In case the Participants and/or the Parents/Guardians of the Winners is / are found to be in violation of any and all rules of the Contest, SPN reserves the right to initiate legal proceedings against such person(s) including but not limited to having the concerned Winners to refund the Prize(s) won.
- SPN has the right to substitute the Prize(s) with other prizes of equal value, as determined by SPN in its sole discretion.
- SPN 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.
- SPN reserves the right to disqualify any Participant if it has reasonable grounds to believe that the Participant and/or Parents/Guardians of the Participant has breached any of these Terms and Conditions.
- SPN 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. SPN 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.
- Under no circumstance, unless due to wilful misconduct or gross negligence, shall SPN 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 India against SPN their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Contest.
- By entering into the Contest, the Winners/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 SPN’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 Winners, 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 law. The prize Winners also consent to SPN’s right to use his/her name, voice or picture, or the content of his/her Contest entry (collectively, the “Publicity Rights”). SPN can allow to its agencies to exercise/exploit the Publicity Rights in conjunction with SPN. SPN shall also be free to use any ideas, concepts, know-how or techniques contained in the entries received for the Contest for any purpose.
- SPN 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.
- Under no circumstance shall SPN 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 SPN has been advised of the possibility of such damages.
- Non-conformance by any Participant and /or Winners of the Contest will result in immediate disqualification of the Participant from participation or winning the Prize(s) as the case maybe.
- SPN 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.
- The decisions of SPN and its representatives shall be final and binding on all aspects of the Contest.
- Your participation in the Contest by posting the Entries will be deemed as an acceptance of the above stated Terms and Conditions.
- Parents/Guardians of the Participants are providing their personal information to SPN and such information will only be used for SPN’s internal purposes and to send Participants promotional information in the future pertaining to the Channel/SPN/Website.
- 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 Prize(s) Winners.
- SPN 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.
- 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, SPN 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 Rules
- SPN shall deal with any Data/information including sensitive personal information, if any, that it receives from SPN 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 SPN. b)The level of data protection using technical, managerial, operational and physical security control measures by SPN shall be such as to be in compliance with all applicable laws including but not limited to Information Technology Act, 2000 and Privacy Rules. c).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 number (PAN), or other details pertaining to the identity of the Participants.
- The Contest is void where prohibited by law. All relevant national and local laws apply.
- 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.
- For any queries on the Contest and/or the Terms and Conditions, please send a direct message (DM) on Sony SAB’s Facebook Page.
(All persons fulfilling conditions mentioned in section 1 & 2 shall be hereinafter referred to as “Participants”)
“Fun Unlocked- Party time with YAY!” activity– Specific T&Cs
Day/s of the Activity(“Contest Term”)
15th August, 2020 to 30th November 2020
Start and End Timing of the Activity
15th August, 2020 to 30th November 2020 Timings- 9 am to 9 pm: every day during the Contest Term
Platform on which Activity shall be available
Sony YAY! Facebook Page under ‘Contest Tab ‘and Sony YAY! Website
Specific Terms of Participation/Process of Participation
a. Sony YAY! is coming up with an online party for which the Participants’ have to go to Sony YAY! Website and its Facebook Page and fill up a simple form about how and why they can be the best persons to host an online party.
b. One Participant can fill only one form and apply once during the Contest Term.
Note: While participating in Activity, Parents of the Participants shall ensure that the Entry:
a) shall be original 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;
b) 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;
c) does not harm minors in any way;
d) does not violate any law for the time being in force;
e) does not deceive or mislead about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
f) 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;
g) Shall not create any liability for SPN or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.
Specific Process for choosing the Winners
1) The decision of SPN in choosing the Winner and the appropriate answer shall be by a randomizer method and/or any such other method as may be deemed appropriate by SPN and shall be final and binding on the Participants. The Parents of the Participants while participating into this Contest agree to accept SPN’s decision as final and binding without any further claim in this regard.
2) SPN 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 Specific T&Cs and Basic T&Cs.
3) SPN 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.
4) The decisions of SPN and its representatives shall be final and binding on all aspects of the Contest.
5) Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winner in relation to the Prize.
6) SPN reserves the right to disqualify any Participant from participating in the Contest without assigning any reason. The decision of SPN in this regard shall be final and binding upon the Participants.
7) SPN shall not be responsible for any technical disruption and/or failure/ server problems and/ or any other difficulties of such nature, due to which the Participant is unable to submit the Entry on the Website and/or participate in the Contest.
8) Incomplete and/or the Entries submitted after the Timelines shall not be considered and shall be null and void.
9) In the event of any discrepancy as to the date and/or the time of receipt of Entries, SPN shall have the final decision in resolving such discrepancy.
10) SPN assumes no responsibility for errors, timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Announcement of the Winners
a. A post on all the social media pages will be made announcing the name of the Winners, and
b. The selected Winners will also be contacted separately to coordinate for their details to arrange online parties.
To host an online party with Sony YAY!