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Terms And Conditions

The following are the rules for the "STAR RE.iMAGiNE AWARDS 2018" (the "Contest") hosted by Star India Private Limited ("STAR") for the Contestants during the broadcast of the 2018 season of the VIVO Indian Premier League ("League") on the Platforms, as more particularly detailed below.

For the purposes of these terms and conditions
  • Commercial shall mean such advertisement pertaining to the product/services of the company, which would be broadcasted on the Platform during the Contest Period;
  • Contestant shall mean and include the following: (a) the client company in respect of whose goods/services the Commercial would be broadcasted on the Platforms (as defined below); and/or (b) the creative agency which created the said Commercial for such client; and/or (c) the advertisement agency/media house (if any) which assisted such client and acted on its behalf with STAR to broadcast such Commercial on the Platforms (or any of them) during the Contest Period;
  • Contest Period shall mean the time period commencing from the date of the first match of the League and expiring on the Cut-off Date; and
  • Platforms shall mean: (i) Hotstar India platform; and (ii) such other STAR television channels on which the League would be broadcasted in India;

This Contest shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (collectively the "Terms and Conditions") as stated hereunder. By participating in the Contest, it is construed that the Contestants has/have read and understood these Principal Rules including the General Rules stated below and has/have agreed to abide by the same

[A] PRINCIPAL RULES
1. About the Contest

After a comprehensive screening process (as more particularly detailed below), 2 (two) Contestants would be declared as successful winners of the Contest ("Winners"), with 1 (one) Winner in each of the two categories, i.e., "Best Creative Campaign" and "Best Integrated Creative Campaign".

2. Eligibility criteria:
The Commercial shall fulfill all of the following requirements in order to qualify for participation in the Contest:
  • The Commercial should have been received by STAR no later than May 25, 2018 ("Cut-off Date"). Any Commercial received after the Cut-off Date shall not be considered for the purposes of the Contest;
  • The said Commercial should have been played/broadcast/transmitted on STAR"s Platforms (or any of them) during (i) the Contest Period; and (ii) transmission of any League match and/or during the pre/post-match program of the relevant League match; and
  • The Commercial should comply with: (i) all applicable laws and regulations, including any applicable advertising codes and standards ("Applicable Law"); and (ii) does not violate any third party rights. In case the relevant Commercial is found to be in violation of any Applicable Law or violates any third party rights, the same shall stand disqualified and would not be considered for the purposes of the Contest.
3. Parameters for the Contest and Jury
  • Each Commercial shall be evaluated on the basis of the following 2 (two) criteria / parameters:
    • Breakthrough creativity; and
    • Leveraging the platform; The criteria mentioned at (i) and (ii) above shall hereinafter collectively to be referred as the "Parameters" and individually as a "Parameter".

    The below mentioned sub-parameters shall be provided to the Jury members in addition to the Parameters. But these sub-parameters will not be graded by the Jury.

    Where,

    'Breakthrough Creativity' shall mean and include the following:
    • An original idea that is innovative and inspiring;
    • An idea that challenges stereotypes and focuses on the need of the hour;
    • Whether the Commercial helps in visualizing the brand benefit?
    • Effectiveness and innovation of the Commercial tagline;
    • Impact of the Commercial on the audience;
    • How persuasive and memorable would be the Commercial.
    • Are there elements to reinforce the believability of the selling idea?
    • Does the story connect simply and clearly with the selling idea?
    'Leveraging the platform' shall mean and include the following:
    • How would the Commercial leverage the 6 (Six) languages in which it would be broadcasted on the Platforms?
    • How would the Commercial leverage the Platforms?
    • Effectiveness of the personalization of the Commercial to each language and platform
  • Each Commercial which satisfies all the eligibility criteria under para 2 above shall be evaluated by a panel of independent judges (collectively the "Jury") based on the Parameters mentioned above and in accordance with the screening process set out in para 4 below. The process of evaluation/screening of entries of the Contestants and final determination of the Winners in terms of Rule 4 of the Principal Rules below shall be undertaken solely by the Jury at its absolute discretion and the Jury"s decision in this regard shall be final and binding on all the Contestants.
  • The Jury members will disclose any Conflict of Interest. "Conflict of Interest" for the purposes of these Terms and Conditions shall mean and include inter alia any present or previous commercial engagements or business relationships, directorships, ownership (legal and beneficial, direct and indirect), interests and other positions or roles held by such member of the Jury in any of the Contestant organizations
4. Screening process

The Commercials which satisfy all the eligibility criteria (under Rule 2 above) shall be evaluated by the members of the Jury in the following manner:

  • First stage:

    In the first stage, the Jury members will review each Commercial independently. Each member of the Jury will evaluate all the submitted Commercials and select, at their sole discretion, a minimum of 9 (nine) and a maximum of 20 (twenty) best Commercials. These selected Commercials will advance to the second stage for further screening.

  • Second stage:

    (i) In the second stage, all the members of the Jury will collectively deliberate on each of the shortlisted Commercials from the first stage.

    (ii) Post deliberation, the Jury members will review each of the selected Commercials (from the first stage) independently. Each member of the Jury will independently rate each Commercial on the abovementioned Parameters on a scale of 1 to 5 (with 1 being the lowest score and 5 being the highest score). The aggregate score of a particular Commercial would be the sum of scores post rating of such Commercial by each member of the Jury ("Aggregate Score").

    In the aforesaid process of evaluation, STAR reserves the right to assign weightages: (i) to the Parameters; and/or (ii) the scores given by the Jury members at its sole discretion ("Weightage Adjustment").

    The Aggregate Score will then be adjusted in accordance with the Weightage Adjustment to determine final score ("Final Score")
    The top two (2) Commercials with the highest Final Score would be declared as the winners of the Contest (the "Winners").

    Illustration: In the category of Best Creative Award, the Parameter "breakthrough creativity" may be given higher weightage compared to the Parameter "leveraging the platform". Thereafter, the score with respect to the relevant Commercial given by the Jury would be adjusted in accordance with the Weightage Adjustment (for ex. If the Parameter breakthrough creativity (X) has been allocated a weightage of 0.75 and the Parameter leveraging the platform(Y) has been allocated a weightage 0.25, then Final Score for the relevant Commercial shall be calculated in the following manner: X * 0.75 + Y * 0.25.)

    In case more than 2 (two) Commercials end up tied (with identical Final Scores) for the top 2 spots, then the process outlined under (b)(i) and (b)(ii) above under the second stage would be repeated for such tied Commercials, until only 2 (two) Commercials with the highest Final Scores emerge as the Winners.

  • Results

    The Winners would be declared on a date failing between May 26, 2018 to June 3, 2018.

5. Prize
  • 2 (two) Winners would be awarded prizes ("Prize") under two different categories as detailed in Rule (1) of the Principal Rules. The Prize for the Winners would be a trip ("Trip") to a match of the Premier League, 2018-19 ("Event"). Each of the two Winners would be entitled to nominate upto 24 (twenty four) persons for the Trip comprising of individuals who have worked on the winning Commercial and who may be drawn from any of the following : (i) the client"s organization in respect of whose products/services such Commercial is created; and/or (ii) the creative agency which created the Commercial for such client; and/or (iii) the advertisement agency/media house (if any) which assisted the client and acted on the client"s behalf in dealing with STAR to broadcast such Commercial on the Platforms (or any of them).
  • Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which the Winner(s) is unable to claim the Prize from STAR.
  • After dispatch of a Prize to a Winner, in case any loss/damage etc. is caused to or incurred by the Prize(s) during transit or otherwise, STAR shall not be liable for any such loss/damage etc. Further, STAR and/or any of its group companies shall not be held liable for any failure and/or any other defect in or damage to the Prize, if any, whether caused during transit or otherwise.
  • Details of the Trip:

    (i) The proposed duration of the Trip shall be 3 (three) days and 2 (two) nights. Provided that it is clarified for the avoidance of doubt that the final duration and the dates of the Trip shall be as may be determined by STAR at its sole and absolute discretion. The Winners and/or their nominees shall not be entitled to request for any change or modification to the schedule specified by STAR for any reason whatsoever and STAR shall not entertain any requests in this regard from the Winners and/or their nominees. The nominees chosen by the Winners should necessarily attend the Event.

    (ii) Once the Winners have been announced in each category, each Winner will be required to provide a list of upto 24 (twenty four) nominees for the Trip to STAR in writing (along with any other details and identification documents as may be requested by STAR) within a period of 7 (seven) calendar days from the date of announcement of the Winners. Such list has to be provided by the Winners to STAR by notice in writing and should be sent by the duly authorized representative of the Winners to STAR ("Winner Nominee Notice") within the aforementioned timeline.

    (iii) The Winners and/or their nominees shall not be entitled to request for any change or modification to the list of names (provided vide the Winner Nominee Notice) for any reason whatsoever and STAR shall not entertain any requests in this regard from the Winners and/or their nominees. In the event that any of the nominees of a Winner are unable to join the Trip for any reason whatsoever (including but not limited to failure to procure visas on time), STAR shall not be required to make any further additions/modifications to list of nominees mentioned in the Winner Nominee Notice and the number of nominees (for such Winner) shall stand reduced accordingly.

    (iv) The Winners and/or their respective nominees shall be responsible for procuring visas for the Trip at their own cost and STAR shall not be responsible for failure by the Winners and/or their respective nominees in procuring visas in time for the Trip.

    (v) It is agreed that at all times during the Trip, the Winners and/or their respective nominees shall be solely responsible for the following:

    • any non-compliance with or breach of any applicable laws and regulations, and/or non-compliance with the terms and conditions of the visas procured by the Winners for their nominees; and
    • any misconduct or disorderly conduct resulting in loss/injury/damage to the person or property of others;
    • their own safety, security and health; and
    • d. their own possessions and valuables.

    It is clarified for the avoidance of doubt that STAR shall not be responsible in any manner whatsoever for any of the above and shall have no liability whatsoever (whether in law or equity or otherwise) in respect of the above.

    The Winners shall hold harmless and indemnify STAR, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, damage, liability, award, costs or expenses that may be incurred by STAR in connection with any act or omission mentioned in clause 5 (d) (v) and any /or third party claims in respect of any of the above.

    (vi) For the Trip, STAR shall bear only the following expenses:

    • return flight tickets for the nominees (economy class);
    • tickets for the Event;
    • airport transfers for the nominees;
    • hotel accommodation for the nominees;
    • travel insurance;
    • meals for the nominees; and
    • local transfer from the hotel to the stadium where the Event will be held, and back.

    It is clarified for the avoidance of doubt that:

    (A) the "meals for the nominees" under (f) above shall cover only the following meals :

    Day 1 Lunch
    Day 1 Dinner
    Day 2 Breakfast at hotel
    Day 2 Lunch
    Day 2 Dinner Part of Hospitality
    Day 3 Breakfast at hotel
    Day 3 Lunch (Optional depending on timing of return flight)

    (B) other than the expenses as specifically listed in (a)-(g) of 5(d) (vi) above, STAR shall not bear any other expenses incurred by the Winners and/or their nominees at any time during the duration of the Trip including but not limited to all hotel room service bills, mini bar bills, mobile bills, visa application/processing charges, travel expenses (other than what is listed hereinabove) and any other additional expenditure incurred by the Winners and/or their nominees.

    (vii) Taxes " STAR shall only be responsible in respect of withholding taxes (if any) applicable on the Prize which is equivalent to the expenses of the Trip borne by STAR as per 5(d)(vi) above as per the laws of India. All taxes on income shall be the responsibility of and shall be borne by the respective Winners.

    (viii) Promotional shoot: The Winners undertake to perform for / participate in a promotional shoot for the promotion of STAR and/or its group companies and/or the Contest ("Promotional Shoot"), in the manner as determined by STAR. Further, no remuneration shall be payable to the Winners for participating in such Promotional Shoot. The Winners acknowledge and agree that such Promotional Shoot may be transmitted by STAR across all mediums, channels and digital platforms of STAR and/or its group companies.

6. Forfeiture of the Prize
  • STAR reserves the right to forfeit the Prize in the event STAR has a reason to believe that any information provided by the Contestant is wrong, fraudulent or any misrepresentation is made by the Contestant. STAR shall have the right to declare any other Contestant as the Winner(s) of the Contest at its discretion and award Prize(s) to such other Contestant. Further, in case of such forfeiture of the Prize by STAR, the Winner(s) shall not be entitled to make any claims against STAR or seek any refund/reimbursement from STAR for any expenses incurred by them or their nominees towards the Trip.
  • All Prizes are provided on an as-is where-is basis without assurances or warranties of any kind. STAR and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications, or the Contest in general.
  • STAR also reserves the right to forfeit the Prize in case of occurrence of any of the following events: (i) if the Winner(s) has any dispute with STAR or any of its group companies or is in STAR"s opinion in breach of any of its obligations under any existing agreement with STAR and/or any of its group companies; or (ii) if the Event is cancelled or postponed for any reason whatsoever. In case of occurrence of any of the aforementioned events: (a) the Winner(s) shall not be entitled to make any claims against STAR or seek any refund/reimbursement from STAR for any expenses incurred by them or their nominees towards the Trip; and (b) STAR shall have the right to declare any other Contestant as the Winner(s) of the Contest at its discretion and award the Prize(s) to such other Contestant.
7. Miscellaneous:
  • If the Commercial is in any vernacular language, then the relevant Contestant who has submitted such Commercial should provide English subtitle for such Commercial.
  • The Winner agrees that the Prize cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prize will be awarded to the Winner(s) and the Winner(s) cannot exchange the Prize for cash or a gift of similar value. The Contest or the Prize(s) cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record the act of collection of the Prize(s) or incorporate it in the telecast of any matches or otherwise mention it on any of its channels/platforms. If the Winner(s) refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards the Winner(s) in connection to the Prize or otherwise. In such an event, Star shall award the Prize to the next Contestant who has the next highest score at the end of the second stage.
  • All Commercials must be received and broadcasted on the Platforms during Contest Period. Commercials received and broadcasted on the Platforms before or after the Contest Period will not be considered for the Contest.
  • STAR and/or its group companies shall not be responsible in the event the Contestant unable to participate in the Contest due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever.
  • STAR reserves the right to change the entry system/mechanism and/or cease accepting the Commercials for the Contest during the Contest Period for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion.
  • STAR reserves the right to disqualify any Contestant from participating in the Contest without assigning any reason. STAR reserves the absolute right and discretion to reject any Commercial or any part thereof at any stage of the Contest, including after declaring the winning Commercial, if STAR: (a) receives any notice or complaint relating to the Commercial not being compliant of the Terms and Conditions; or (b) determines at its sole discretion that the Commercial inter alia:, (i) belongs to any third party to which the Contestant does not have any rights; (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, 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; (iv) harm minors in any way; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonates another person; (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The decision of STAR in this regard shall be final and binding upon the Contestant.
  • The Contestant(s)/Winners agree and consent to the use of the Commercials and/or any part thereof by STAR or its affiliates as it/they may deem fit for the purpose of promotion of the League and/or promotion of the Contest and/or promotion of any channel/platform belonging to STAR or its affiliates and/or any programs on any channels owned or operated by STAR or its affiliates (the "Network").
  • No Contestant shall be entitled to seek from STAR and STAR shall not be required to disclose any details about other Contestants or any details pertaining to any Commercial being evaluated for the purposes of the Contest.
[B] GENERAL RULES: