Terms and Conditions
Sony Yay! | Click, Share & Win
The following terms and conditions (“T&Cs”/ “Terms and Conditions”) shall be applicable to CULVER MAX ENTERTAINMENT 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 (“CME”), operated television channel “Sony Yay!” (“Channel”). CME is conducting a UGC based Activity which shall function in a manner as specified in Specific T&C’s at end of this T&C and the Activity shall be termed as follows:
The T&Cs shall be in two parts (a) Basic T&Cs and (b) Specific T&Cs for the Activity.
Following are the terms that shall be applicable to the Activity:
1. The Activity 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 6 years to 12 years only. CME will contact the parents/guardians of the Participants in relation to the Activity.
(All persons fulfilling conditions mentioned in section 1 & 2 shall be hereinafter referred to as
3. Activity shall be open for participation as per the timelines specified in the T&Cs for Activity.
4. Employees, agents and promoters (including their immediate family members) of CME and any of their divisions, affiliates and subsidiaries, and others associated with the Activity in any manner, are not eligible to participate in the Activity.
5. The Activity Terms and Conditions shall be mentioned on the Sony YAY! website available atwww.sonyyay.com (“ Website”). The parents/guardians of the Participants agree that by participating in the Activity, the Participants shall be bound by the Terms and Conditions.
6. The specific requirements for the Activity shall be outlined in the T&Cs of the Activity as specified herein.
7. The information provided by the parents/guardians of the Participants may be used by CME for internal purposes and to send in the future to the parents/guardians of the Participants promotional information pertaining to the CME network.
8. For the Activity, each Participant must submit their complete entry to qualify as an entrant in the Activity (“Entries”) through Specific Terms of Participation specified in Specific T&C’s stated at end of these Basic T&Cs.
9. Participants entering the Activity may submit such number of Entries as mentioned in the Specific T&Cs so long as such Entries meet CME’s criteria as specified in these T&Cs even if not chosen as the final Winner (defined below) of the Activity and any Participant may at CME’s sole discretion be declared a Winner of the Activity.
10. The manner, day and the basis of choosing and announcing the Winner shall be specified in the Specific T&Cs of the Activity.
11. The announcement about the Winner and the Prize(s) ( defined below) shall be as per the T&Cs of the Activity.
12. Method and time of prize distribution: CME shall inform the parents/guardians of the Winner via Direct Message (DM) on the parents/guardians of the Winner’s Whatsapp. The parents/guardians of the Winners will have 24 (twenty-four) hours from the time they receive the DM to share their
phone contact number and a valid Government-issued Identity Card of the Winner (or of the parent/guardian of the Winner, in absence of the Winner’s). Only upon receiving the valid Government-issued Identity Card of the Winner or that of the parent/guardian of the Winner as well as the parents/guardians of the Winner’s phone contact number, CME will conduct a telephonic verification. The Prize(s) mentioned in the Specific T&Cs of the Activity, shall be couriered to the Winners.
13. The Participant can win only once in this Activity. Any subsequent wins of the Participant (if declared) will be automatically void.
14. CME shall make a maximum of 2 (two) attempts, to contact the Winner via the method specified in the Specific T&C. CME shall not be held liable despite CME’s best efforts, in the event the Whatsapp account is not active/accessible, or the DM from CME is not received by the parent/guardian of the Winner for any reason whatsoever.
15. Participants and/or parents/guardians of the Participants shall not post any profanity or abusive comments on the respective Website’s Activity 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 CME reserves its rights, in addition to the above, to take legal action against such Participant and/or parents/guardians of the Participant.
16. By participating in the Activity, each Participant agrees to follow these Terms and Conditions and is deemed bound by any decisions made by CME in its sole discretion, including any interpretations of the Terms and Conditions.
17. CME 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. 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. CME reserves its right to select and declare or not to declare the Winner in the event no Participant has submitted the Entries in the correct format as prescribed in these T&Cs. Decision of CME 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 CME which shall release CME of all liability. Failure to complete and sign any documents requested by CME may result in disqualification and selection of an alternate Winner. All decisions of CME are final in this regard.
20. Mere participation/submitting Entries in the Activity does not entitle the Participants to win the Prize(s).
21. The Prize(s) will be awarded to the Winner pursuant to the telephonic verification and in accordance with these Terms and Conditions.
22. CME 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 Activity under these Terms and Conditions.
23. The Prize(s) shall be delivered to the Winner subject to submission of all relevant documents, if and as required in accordance with these Terms and Conditions of the Activity.
24. The Prize(s) are not transferable, assignable or exchangeable for cash equivalent. Only the 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 Activity, CME 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. CME has the right to substitute the Prize(s) with other prizes of equal value, as determined by CME in its sole discretion.
27. CME has the right to amend (add, delete or modify) the Terms and Conditions governing the Activity, prospectively or retrospectively, at its discretion and without prior notice.
28. CME 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. CME is not responsible for any errors or omissions in the terms and conditions contained herein. All information provided in the Activity is provided "as is" without warranty of any kind. CME 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 CME 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 CME their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Activity.
31. CME 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 Activity.
32. Under no circumstance shall CME 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 CME has been advised of the possibility of such damages.
33. Non-conformance by any Participant and/or Winner of the Activity will result in immediate disqualification of the Participant from participation or winning the Prize(s) as the case maybe.
34. CME reserves the right to withdraw or discontinue and/or terminate the Activity at any stage without prior notice and without any liability whatsoever to the Participants.
35. The decisions of CME and its representatives shall be final and binding on all aspects of the Activity.
36. In addition to these Terms and Conditions mentioned herein, by participating in the Activity, the parents/guardians of the Participants hereby undertake and represent to CME that they shall comply with the terms and conditions laid down by Whatsapp and the Entries shall be considered valid only if they comply with the terms and conditions laid down by Whatsapp, in addition to the Terms and Conditions hereunder. By participating in this Activity, the Participants hereby specifically consent for CME to edit the videos and/or images posted and/or shared by them and to repost the same on Sony Yay’s Website and Social media handle (Instagram) along with the captions shared by them. CME shall not, in any manner, be responsible to any action taken by Whatsapp, Instagram or any other social media platform with respect to the videos and/or images posted and/or shared by the Participant and the Participant hereby agrees to not make any claims against CME with respect to the same. Any technical or other issues with respect to the Participant’s Whatsapp or Instagram account, page and/or operation or functioning of the same shall be taken up by the Participant directly with Whatsapp or Instagram as the case may be, without involving CME in any manner.
37. The personal information provided by the parents/guardians of the Participants in the course of the Activity to CME will only be used for CME’s internal purposes and to send parents/guardians
of the Participants promotional information in the future pertaining to the Channel/CME/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 CME 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. CME 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, CME 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. CME shall deal with any Personal Data, if any, that it receives from CME or otherwise collects, holds, uses and processes in the following manner: a) CME 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 CME. b) The level of data protection using technical, managerial,
operational and physical security control measures by CME 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, CME shall not be held liable on any account whatsoever.
45. By participating in the Activity, entrants agree to release and hold harmless the CME, 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 Activity or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Activity; (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 Activity; (d) errors in the administration of the Activity or the processing of entries; (e) changes to platform policies and procedures that may interfere with the operation of the Activity; (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 Activity or receipt of any prize.
46. Submission Rights Grant: By participating, except where prohibited by applicable mandatory law, each Participant hereby grants to CME, its affiliates, successors, licensees, assignees and CME’ 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 Activity 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 Activity 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 Activity, its administration, judging, advertising and/or publicity, and in connection with the promotion, advertising, publicity and/or other exploitation of CME’ initiative, on any CME property or otherwise, without the necessity of further consent or additional consideration. Winner accepts and acknowledges that CME shall not be obligated to use the Submission, or any part thereof, and that CME, in their discretion, shall have the right to refrain from using the Submission. CME shall not incur any liability whatsoever to the extent CME chooses to refrain from any exploitation of its rights hereunder.
47. By entering into the Activity, 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 CME’s right to use the pictures uploaded by the Participant(s) the captioned posted for the Activity, picture, tape or portray him/her as a Activity 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 CME’s right to use his/her name, voice or picture, or the content of his/her Activity Entry (collectively, the “Publicity Rights”). CME can allow to its agencies to exercise/exploit the Publicity Rights in conjunction with CME. CME shall also be free to use any ideas, concepts, know-how or techniques contained in the entries received for the Activity for any purpose.
48. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, CME its affiliates, officers, directors, employees and agents, as well as any third-party social media platforms on which the Activity is conducted and/or promoted including but not limited to Whatsapp 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 Activity and/or enjoyment of the Prize(if any).
49. The Participant’s participation in the Activity by posting the Entries will be deemed as an acceptance of the above stated Terms and Conditions.
50. The Activity is void where prohibited by law. All relevant national and local laws apply.
51. The Activity shall be governed by and construed in accordance with the applicable laws in India. All matters with respect to the Activity are exclusively subject to the jurisdiction of the Courts at Mumbai only.
On 23 June 2022 on Social Media (Sony YAY!’s Instagram, Sony YAY!’s Facebook page and Sony YAY! YouTube Community)
Platform on which Activity shall be available
Whatsapp (through Entries sent on the following number only: 91-9930000244)
Entries submitted on or through any other platform will not be considered
Start and End Timing for posting the Entries
Starting from 23rd June 2022 at 12:00:00 PM Indian
Standard Time (IST) – and ending on 30th June 2022 at 23:59:59 PM IST
• Parents/guardians of the Participants will have to share a selfie of the Participant while watching the show “HaGoLa” on the Channel and share it with CME on the following Whatsapp number: 91-9930000244.
• Submissions in DM/ Inbox of Sony Yay’s other social media handles or accounts will not be considered as a
valid Entry for this Activity.
Specific Process for choosing the Winner
• Maximum of 5 (five) Winners shall be selected by using a randomizer from all the valid Entries of the Participants.
• CME 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 Activity shall be bound by these Specific T&Cs and the Basic T&Cs.
• CME reserves the right to withdraw or discontinue and/or terminate the Activity at any stage without prior notice and without any liability whatsoever to the
Announcement of the Winner
• The parents/guardians of the Participants will be reached out on Whatsapp for verification of the name, age and city of the Participants on the same number thorough which the Entry was sent to CME.
• Upon all the documents and details as required being shared and successful telephonic verification of the Participants through the process as laid down under these T&Cs, the shortlisted Winners will be intimated via telephonic call and will be announced by 14 August 2022 through an Instagram story on CME’s Instagram handle.
• The decision of CME in the selection of the Winners
shall be final and binding on all Participants.
One Sony YAY! Gift Hamper per Winner for all 5 (five) Winners.
CME reserves the right to make any changes to the list of Winners or the Prizes at any time, at its sole discretion. CME 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
• Participant at all times shall ensure that the Entry:
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 CME or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and