Terms and Conditions
Sony Yay! | Pehchaan Kaun Test
The following terms and conditions (“T&Cs”/ “Terms and Conditions”) shall be applicable to Sony Pictures Networks India 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 (“SPN”), operated television channel “Sony Yay!” (“ Channel”). SPN is conducting a UGC based contest for 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.
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 children between the age group of 2 years to 14 years only. SPN will contact the parents/guardians of the Participants in relation to 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 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.
5. The Contest terms and conditions shall be mentioned on the Sony YAY! website available at www.sonyyay.com (“Website”). The Parents/Guardians of the Participants agree that by participating in the Contest, the Participants shall be bound by the Terms and Conditions.
6. The specific requirements for the Contest shall be outlined in the T&Cs of the Contest as specified herein.
7. 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.
8. 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.
9. Participants entering the Contest may submit such number of Entries as mentioned in the Specific T&C so long as such Entries meet SPN’s criteria as specified in these T&Cs even if not chosen as the final Winner of the Contest and any Participant may at SPN’s sole discretion be declared a Winner of the Contest.
10. The manner, day and the basis of choosing and announcing the Winner (defined below) shall be specified in the Specific T&Cs of the Contest.
11. The announcement about the Winner and the Prize(s) (defined below) shall be as per the T&Cs of the Contest.
12. Method and time of prize distribution: SPN shall inform the Winner via telephonic mode.
- The Participant can win only once in this Contest. Any subsequent wins of the Participant (if declared) will be automatically void.
14. SPN shall make a maximum of 2 (two) attempts, to contact the Winner via the method specified in the Specific T&C. SPN shall not be held liable despite SPN’s best efforts, in the event the Instagram account is not active/ accessible.
15. Participants and/or Parents/Guardians of the 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 SPN reserves its rights, in addition to removing such post, to take legal action against such Participant and/or user.
16. By participating in the Contest, 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.
17. 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 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.
18. SPN reserves its right to select and declare or not to declare the Winner in the event no Participant has submitted correct answers. Decision of SPN in this regard is final and no correspondence in this regard will be entertained.
19. While accepting the Prize(s), the Winner may be required to sign an “indemnity and release of claims” form provided by SPN 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.
20. Mere participation/submitting Entries in the Contest does not entitle the Participants to win the Prize(s).
21. The Prize(s) will be awarded to the Winner pursuant to verification and in accordance with these Terms and Conditions.
22. SPN 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.
23. 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.
24. 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).
25. In case the Winner(s) 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 Winner to refund the Prize(s) won.
26. SPN has the right to substitute the Prize(s) with other prizes of equal value, as determined by SPN in its sole discretion.
27. 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.
28. SPN 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.
29. 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.
30. 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 Singapore against SPN their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Contest.
31. SPN does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the Participants and/or Parents/Guardians 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.
32. 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.
33. 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.
34. 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.
35. The decisions of SPN and its representatives shall be final and binding on all aspects of the Contest.
36. In addition to these Terms and Conditions mentioned herein, by participating in the Contest, the Parents/Guardians of the Participants hereby undertake and represent to SPN that they shall comply with the terms and conditions laid down by Instagram and the Entries shall be considered valid only if they comply with the terms and conditions laid down by Instagram, in addition to the Terms and Conditions hereunder. By participating in this Contest, the Participants hereby specifically consent for SPN to edit the videos and/or images posted and/or shared by them and to repost the same on Sony Yay’s Website along with the captions shared by them. SPN shall not, in any manner, be responsible to any action taken by Instagram 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 SPN with respect to the same. Any technical or other issues with respect to the Participant’s Instagram account, page and/or operation or functioning of the same shall be taken up by the Participant directly with Instagram without involving SPN in any manner.
37. The personal information provided by the Parents/Guardians of the Participants in the course of the Contest to SPN will only be used for SPN’s internal purposes and to send Parents/Guardians of the Participants promotional information in the future pertaining to the Channel/SPN/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 SPN on the same email ID from which he/she receives such promotional information.
38. 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.
39. 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.
41. In exercise of the powers conferred by applicable laws, SPNI shall treat the Personal Data and/or documents as sensitive and confidential and such information and/or documents has to be now dealt with as per the provisions specified in the applicable laws.
43. SPN shall deal with any Personal Data, if any, that it receives from SPN or otherwise collects, holds, uses and processes in the following manner: a) SPN may also disclose Personal Data, 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. c) The term “Personal Data” 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 and/or the Parents/Guardians of the Participants and shall include sensitive personal information.
44. Parents/Guardians of the Participants confirm that the videos and/or images 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 videos and/or images 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 videos and/or images 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 videos and/or images provided by the Parents/Guardians of the Participants, SPN shall not be held liable on any account whatsoever.
45. By participating in the Contest, entrants agree to release and hold harmless the SPN, 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.
46. Submission Rights Grant: By participating, except where prohibited by applicable mandatory law, each Participant hereby grants to SPN, its affiliates, successors, licensees, assignees and SPN’ authorized designees, a perpetual, fully-paid, royalty-free, transferable, fully sub-licenseable, 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 SPN’ initiative, on any SPN property or otherwise, without the necessity of further consent or additional consideration. Winner accepts and acknowledges that SPN shall not be obligated to use the Submission, or any part thereof, and that SPN, in their discretion, shall have the right to refrain from using the Submission. SPN shall not incur any liability whatsoever to the extent SPN chooses to refrain from any exploitation of its rights hereunder.
47. By entering into the Contest, the Parents/Guardians of the Winner/ Parents/Guardians of the Participants/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 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 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.
48. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, SPN its affiliates, officers, directors, employees and agents and Instagram (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).
49. Your participation in the Contest by posting the Entries will be deemed as an acceptance of the above stated Terms and Conditions.
50. The Contest is void where prohibited by law. All relevant national and local laws apply.
51. 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.
On 26th September, 2021 on Social Media (Instagram, Sony YAY!’s Facebook page and Sony YAY! YouTube Community) @sonyyay
Platform on which Contest shall be available
Sony Yay! Channel (“Channel”)
Entries submitted on any other platform will not be considered
Start and End Timing for posting the Entries
September 11, 2021 at 00.00 AM Indian Standard Time (IST) and ending on September 26, 2021 at 11.59 PM IST
· A promo will be played on the Channel Sony Yay! with silhouette of a character.
· Participants are required to guess the character and message SPN the correct answers on the WhatsApp number- 9930000244
· Submissions in DM/ Inbox of Sony Yay’s Handles or other social media accounts will not be considered.
Specific Process for choosing the Winner
· The decision of SPN in choosing the Winners 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 Participants while participating into this Activity agree to accept SPN’s decision as final and binding without any further claim in this regard.
· 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 T&Cs and Basic T&Cs.
· 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.
Announcement of the Winner
The Winners will be announced on the Sony Yay! Channel and Sony Yay’s social media handles (Facebook and Instagram) during the secret screening of an upcoming show (September 26, 2021) and intimated through telephonic modes.
The decision of SPN in the selection of the Winners shall be final.
Winner’s names and photograph will appear on the Channel (Sony Yay!).
SPN reserves the right to make any changes to the list of Winners or the Prizes at any time, at its sole discretion. SPN shall not be responsible for any delay in delivery or any damage to the Prizes during delivery or for any deficiency or failure in delivery.
Specific Terms of Participation/Process of Participation
· Participants at all times shall ensure that the entries:
i. 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;
ii. does not harm minors in any way;
iii. does not violate any law for the time being in force;
iv. does not deceive or mislead about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
v. does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
vi. shall not create any liability for SPN or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.