TERMS AND CONDITIONS

“Gopal Bhar 1000 Episode” Contest

The following terms and conditions (“ T&Cs”/ “ Terms and Conditions”) shall be applicable to contest being conducted by Bangla Entertainment Private Limited, (“ Company” or “ BEPL”) in association with Digital Radio (Kolkata) Broadcasting Ltd. (“Red FM”), relating to promotion of one of its program titled “ Gopal Bhar” (“ Show”) available on the official website its channel ‘ Sony Aath’ (“ Channel”) which shall function in a manner as specified in Specific T&C’s at end of this T&C. (“ Contest”)

The T&Cs shall be in two parts (a) Specific T&Cs for each Contest and (b) Basic T&Cs for the Contest.

Basic T&Cs:

Following are the terms that shall be applicable to the Contest:

1. The Contest is open only to Indian citizens, residing in India, irrespective of their caste, race, ethnicity, colour, sex, religion, sexual orientation, gender identity, family status, disability, medical or genetic condition. Citizens and/or residents of countries other than India are not eligible to participate.

2. The Participants must be adults having attained the age of eighteen (18) years to participate in the Contest as on the date of the Contest.

(All persons fulfilling conditions mentioned in section 1 & 2 shall be hereinafter referred to as “ Participants” or “You”)

3. The 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 BEPL and/or Red FM 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 official website of the Channel - https://www.sonyaath.com/termsandcondtions-GB1000episodecontest

The Participants agree that by participating in the Contest, the Participants shall be bound by the terms and conditions provided on the Channel.

6. If so required, the Participants shall be required to provide basic Personal Data about them including but not limited to Participant’s name, address, phone number, social media profile or any other details as may be required by BEPL for the purpose of the Contest. The Personal Data provided by the Participants in the course of the Contest to BEPL will only be used for BEPL’s internal purposes and to send Participants promotional information in the future pertaining to the Channel/BEPL. 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 BEPL on the same email ID from which he/she receives such promotional information.

7. The specific requirements for the Contest shall be outlined in the T&Cs of the Contest.

8. For the Contest, each Participant must submit their complete entry in order 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. The manner, day and the basis of choosing the winner (defined below) shall be specified in the T&Cs of the Contest and the same shall be at the discretion of BEPL.

10. The announcement about the Winners and the Prize(s) (defined below) shall be as per the T&Cs of the Contest.

11. Method and time of prize distribution: Red FM shall inform the Winners via SMS or email or phone number provided by the Participants at the time of entering the Contest or any other mode as mentioned under the Specific T&Cs. BEPL may require Winners to provide valid photo identity documents including but not limited to passport and ration card prior to handing over the Prize(s). BEPL may or may not announce the Winners via the Channel.

12. The distribution time and mode of distribution of the Prize(s) shall be at the sole discretion of BEPL.

13. The Participant can win only once in this Contest. Any subsequent wins of the Participant (if declared) will be automatically void.

14. Participants should ensure the accuracy of the information provided by them at the time of entering the Contest.

15. If applicable, Red FM shall make a maximum of 2 (two) attempts each attempt being within 1 (one) hour of each other, to contact the Winners via SMS and/or the email id provided by the Participants. BEPL shall not be held liable despite BEPL’s best efforts, in the event the provided mobile numbers/email Id is unreachable/not replied due to the following reasons including but not limited to: 1) Social media handle or email ID or phone number provided by the Participant is incorrect. 2) Social media handle or email ID or phone number belongs to a person other than the Participant 3) Mobile number answered but individual answering refuses to acknowledge BEPL, the Contest and/or any relation thereto. 4) Any other reason the social media handle or Email ID or any other contact details provided by which Participant cannot be contacted.

16. The Prize(s), when the same are in form of some tangible goods or materials or vouchers, shall be sent by post and/or courier to the Winners as per the address specified by them at the time of registering for the Contest. BEPL shall not be responsible if any Prize(s) is damaged in the course of delivery through post and/or courier.

17. Please note, the participation in this Contest is free of cost. BEPL does not demand any participation fees or any monies from the participants or the winners. If someone pretends to be an officer from Sony and demands monies or any other form of identification from you, please do not entertain such request. Such a person is defrauding you and you should report this to the local police immediately. There are also no lotteries, prize monies, cash prizes etc. distributed by BEPL or the Series. The only mode to participate in the Contest is in the manner detailed hereunder and any person who claims to be from BEPL and offers any lotteries, prize monies, cash prizes etc. to anyone is defrauding the person and you should report this to the local police immediately.

18. Participants shall not post any profanity or abusive comments on the respective social media pages of the Company or 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 BEPL reserves its rights, in addition to removing such post, to take a legal action against such participant and/or user.

19. Participants agree no clarifications on the questions and the answers used in the Contest shall be entertained by BEPL, if so applicable.

20. 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 BEPL’s right to use the images, pictures, posts, paintings, comments etc. uploaded by the Participant(s) for the Contest (“ Materials”), picture, tape or portray him/her as a Contest Winners, use the their profile pictures and social media handles, 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 Winners also consent to BEPL’s right to use his/her name, voice or picture, or the content of his/her Contest Entry (collectively, the “ Publicity Rights”). BEPL can allow to its agencies to exercise/exploit the Publicity Rights in conjunction with BEPL. BEPL shall also be free to use any ideas, concepts, know-how or techniques contained in the entries received for the Contest for any purpose.

21. By entering into the Contest, the Participant hereby provides that BEPL shall have the unrestricted, unfettered, royalty-free, perpetual, irrevocable, sub-licensable, sub-assignable right to exploit the Materials, in any manner whatsoever, across all modes, mediums and platforms and in all languages, without any claims from the Participant.

22. You hereby specifically consent to BEPL collecting and processing your email ids or other Personal Data for the purposes of this Contest. The email ids and comments collected from the Participants, shall be retained by BEPL till the end of the Contest and shall be deleted from BEPL’s servers post the completion of the Contest.

23. BEPL shall keep all the Personal Data collected from the Participant’s confidential. BEPL shall ensure that the Participants are contacted by BEPL and BEPL shall not share the Personal Data so collected with any party, save and except for the purpose of the present Contest. The Participants hereby consent to the collection, storage, use, disclosure, transfer, of Personal Data which may be collected by BEPL for the purposes of this Contest. The Participants hereby agree and acknowledge that the collection, storage, use, disclosure, transfer, of the Personal Data by BEPL is for a lawful purpose and is necessary for facilitating your participation in the Contest. The Participants, by providing the aforesaid Personal Data, hereby agree that BEPL shall have the right to share the Personal Data so collected with such other third party as required for the purpose of the Contest and hereby agreed that they shall not file any claim against BEPL for sharing for such Personal Data. Please refer to Channel’s Privacy Policy https://www.sonyaath.com/privacy-policy/5 that governs the use of your Personal Data. Participants entering into this Contest agree and acknowledge the Terms and Conditions, Privacy Policy and Terms of Use as put up on https://www.sonyaath.com/terms-of-use/4 in addition to the conditions set out in this document which shall govern the Contest.

24. In exercise of the powers conferred by applicable laws, BEPL shall treat the Personal Data and/or documents as sensitive and confidential and such Personal Data and/or documents has to be now dealt with as per the provisions specified in the applicable laws.

25. For the purposes of the Contest, BEPL may contract with the service providers to perform functions or services on its behalf. Such service provider may have limited access to the Participant(s) Personal Data needed to perform their functions, but shall be restricted from using such Personal Data for purposes other than providing services to BEPL solely in connection with the Contest. BEPL shall ensure, on reasonable efforts basis, that its service providers that have limited access to Personal Data provided by the Participant(s) to provide the services or perform their function for BEPL, are subject to the same level of privacy protection as is required by the applicable laws. The Participant(s) hereby agreed that they shall not file any claim against BEPL for sharing for such Personal Data. Please refer to Channel’s Privacy Policy that governs the use of your Personal Data.

26. BEPL shall deal with Personal Data, if any, that it receives from the Participants or otherwise collects, holds, uses and processes in the following manner: a) BEPL may 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 BEPL. b) The level of data protection using technical, managerial, operational and physical security control measures by BEPL 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 shall include sensitive personal information.

27. By choosing to participate in the Contest, You hereby specifically agree to receiving updates with respect to the Contest, from BEPL, on the email ID & phone number shared by you. In addition to these Terms and Conditions, the Participant(s) at all times shall be subject to the terms and conditions of Instagram and/or Facebook, as may be applicable. BEPL shall not, in any manner, be responsible for any action taken by Instagram and/or Facebook with respect to the post made by the Participant and the Participant hereby agrees to not make any claims against BEPL with respect to the same. Any technical or other issues with respect to the Participant’s Instagram and/or Facebook account, page and/or operation or functioning of the same shall be taken up by the Participant directly with Instagram and/or Facebook, without involving BEPL in any manner.

28. Participants confirm that the comments, answers and posts 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 comments 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 comments 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 Personal Data including pictures provided by the Participants, BEPL shall not be held liable on any account whatsoever.

29. BEPL 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 or 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. 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.

30. BEPL reserves its right to select and declare or not to declare the Winners. Decision of BEPL in this regard is final and no correspondence in this regard will be entertained.

31. While accepting the Prize(s), the Winners may be required to sign an “indemnity and release of claims” form provided by BEPL, as the case may be, which shall release BEPL of all liability. Failure to complete and sign any documents requested by BEPL may result in disqualification and selection of an alternate Winner. All decisions of BEPL are final in this regard.

32. Mere participation/submitting Entries in the Contest do not entitle the Participants to win the Prize(s)/ win the Contest.

33. The Prize(s) will be awarded to the Winners pursuant to verification and in accordance with these Terms and Conditions.

34. BEPL 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.

35. 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.

36. 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).

37. In case the Winners is / are found to be in violation of any and all rules of the Contest, BEPL 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.

38. BEPL has the right to substitute the Prize(s) with other prizes of equal value, as determined by BEPL in its sole discretion.

39. BEPL has the right to amend (add, delete or modify) the Terms and Condition governing the Contest, prospectively or retrospectively, at its discretion and without prior notice.

40. BEPL 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. BEPL may also disqualify any participant at its own discretion.

41. BEPL 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. BEPL 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.

42. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, BEPL its affiliates, officers, directors, employees and agents (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).

43. Under no circumstance, unless due to wilful misconduct or gross negligence, shall BEPL 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 BEPL their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Contest.

44. BEPL 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.

45. Under no circumstance shall BEPL 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 BEPL has been advised of the possibility of such damages.

46. 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.

47. BEPL 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.

48. The decisions of BEPL and its representatives shall be final and binding on all aspects of the Contest.

49. Your participation in the Contest by posting the Entries will be deemed as an acceptance of the above stated Terms and Conditions.

50. 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.

51. The Contest is void where prohibited by law. All relevant national and local laws apply.

52. 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.

53. For any queries on the Contest and/or the Terms and Conditions, please send it to Anoop Nair <anoop.nair@redfm.in>.
    

“Gopal Bhar 1000 Episode” – Specific T&Cs