TERMS AND CONDITIONS

PIX PREMIERE NIGHT CONTEST

The following terms and conditions (“T&Cs”/ “ Terms and Conditions”) shall be applicable to the contest being conducted by Sony Pictures Networks India Private Limited, a company incorporated under the Companies Act, 2013 with its registered address at 4 ^th Floor, Interface Bldg. 7, Off Malad Link Road, Malad (West) Mumbai 400064 (“SPN”), relating to the promotion ofPIX Premiere Nights being telecast on SONY PIX (“Channel”) which shall function in a manner as specified in the Specific T&C’s (“Contest”).

The T&Cs shall be in two parts, i.e., Specific Terms & Conditions for the Contest and General Terms & Conditions for the Contest.

General Terms & Conditions

 

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 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”)

3. Contest shall be open for participation as per the timelines specified in the Specific 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 www.sonypix.com (“Website”). The Participants agree that by participating in the Contest, the Participants shall be bound by the terms and conditions provided at the Website.

6. The Participants shall be required to provide basic personal information about them including but not limited to Participant’s name or any other details as may be required by SPN for the purpose of the Contest, in order to participate in the Contest. The personal information provided by the Participants in the course of the Contest to SPN will only be used for SPN’s internal purposes and to send Participants promotional information in the future pertaining to SPN, their channels and platforms, or the 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.

7. The specific requirements for the Contest shall be outlined in the Specific Terms & Conditions 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 Terms & Conditions. Kindly refer to the Specific Terms & Conditions for the same.

9. The manner, day and the basis of choosing the Winner(s) (as per the Specific Terms & Conditions) shall be specified in the Specific Terms & Conditions of the Contest.

10. The announcement about the Winners and the Prize(s) (defined above) shall be as per the Specific Terms & Conditions of the Contest.

11. Method and time of prize distribution: SPN shall inform the Winners via email or phone number provided by the Participants at the time of entering the Contest. SPN 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). SPN may or may not announce the Winners via the Website.

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

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. SPN shall make a maximum of 2 (two) attempts each attempt being within 1 (one) hour of each other, to contact the Winners via the email id provided by the Participants. SPN shall not be held liable despite SPN’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) Email ID or phone number provided by the Participant is incorrect. 2) Email ID belongs to a person other than the Participant 3) Mobile number answered but individual answering refuses to acknowledge SPN, the Contest and/or any relation thereto. 4) Any other reason the 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. SPN 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 and participation in any other contest by virtue of victory in the Contest (if any) is free of cost. SPN 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 SPN or any other person in the context of this Contest. The only precondition of participation in the Contest is in the manner detailed hereunder and any person who claims to be from SPN 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 Website’s Contest page/ SPN channel’s website/or on any social media pages of SPN 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.

19. Participants agree no clarifications on the questions and the answers used in the Contest shall be entertained by SPN.

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 SPN’s right to use the Entries (in whichever form that they are submitted), to ask for picture or to tape or portray the Participants as a Winner(s), 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 SPN’s right to use his/her name, voice or picture, or the content of his/her Entries (and the right to edit them as per SPN’s creative discretion) (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.

21. You hereby specifically consent to SPN collecting and processing your Personal Data for the purposes of this Contest. 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, PAN, Aadhar, social security numbers or other details pertaining to the identity of the Participants and shall include sensitive personal information. The Personal Data collected from the Participants, shall be retained by SPN till the end of the Contest and shall be deleted from SPN’s servers post the completion of the Contest.

22. SPN shall keep all the Personal Data collected from the Participant’s confidential. SPN shall ensure that the Participants are contacted by SPN directly, wherever feasible and SPN shall not share the Personal Data so collected with any party, save and except for the purpose of the present Contest and as detailed hereunder. The Participants hereby consent to the collection, storage, use, disclosure, transfer, of Personal Data which may be collected by SPN for the purposes of this Contest. The Participants hereby agree and acknowledge that the collection, storage, use, disclosure, transfer, of the Personal Data by SPN 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 SPN shall have the right to share the Personal Data so collected with such other third party and SPN as required for the purpose of the Contest and hereby agreed that they shall not file any claim against SPN for sharing for such Personal Data. Please refer to SPN’s Privacy Policy 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 the Website in addition to the conditions set out in this document which shall govern the Contest.

23. In exercise of the powers conferred by applicable laws, SPN shall treat the Personal Data and/or documents as sensitive and confidential and such Personal Data and/or documents will be dealt with as per the provisions specified in the applicable laws. By choosing to participate in the Contest, You hereby specifically agree to receiving updates with respect to the Contest, from SPN, on the email ID & phone number as maybe shared by you.

24. For the purposes of the Contest, SPN 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 SPN solely in connection with the Contest. SPN 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 SPN, 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 SPN for sharing for such Personal Data. Please refer to SPN’s Privacy Policy that governs the use of your Personal Data.

25. SPN shall deal with any Personal Data, if any, that it receives from the Participants 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.

26. In addition to these Terms and Conditions, in the event the Contest involves any social media websites or platforms, the Participants, at all times, shall be subject to the terms and conditions of such social media platforms and third party websites (including Facebook, Instagram, Twitter and YouTube as applicable). SPN shall not, in any manner, be responsible to any action taken by any social media website or third party platform with respect to post, comments, content uploaded or made by the Participant, whether pursuant to this Contest or otherwise and the Participant hereby agrees to not make any claims against SPN with respect to the same. The Participants are required to read and understand the terms of such social media platforms prior to uploading any content or posting any comments. Any technical or other issues with respect to the Participant’s social media account, page and/or operation or functioning of the same shall be taken up by the Participant directly with such social media platform, without involving SPN in any manner.

27. If as a condition of participation, the Participant is required to submit any videos which involve any music (i.e. any videos of the Participants singing or dancing with music or songs playing in the background), the Participant shall be solely responsible for ensuring that they have the appropriate clearances for the using and uploading such music as a part of their entry. SPN shall not be responsible, in any manner, for any strikes issued by any music labels, copyright owners, any third parties or the social media platform themselves, against the Participant’s social media account or profile.

28. Participants confirm that the Entries uploaded or posted or submitted by them (or any part thereof) are as per the applicable laws and 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 Entries 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 Entries 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 pictures provided by the Participants, SPN shall not be held liable on any account whatsoever.

29. 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 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. SPN reserves its right to select and declare or not to declare the Winners. Decision of SPN 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 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.

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. 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.

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, 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.

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

39. SPN 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. 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. SPN may also disqualify any participant at its own discretion.

41. 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.

42. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, SPN 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 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.

44. 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.

45. 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.

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. 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.

48. The decisions of SPN 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.

 

Specific Terms & Conditions