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2018

Terms And Conditions

The following are the rules for the "STAR RE.iMAGiNE AWARDS 2019" (the "Contest") hosted by Star India Private Limited ("STAR") for the Contestants during the broadcast of the 2019 season of the country’s biggest T20 platform ("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), 3 (three) Contestants would be declared as successful winners of the Contest ("Winners"), with 1 (one) Winner in each of the threecategories, i.e., "Best Creative Campaign on Television" , "Best Creative Campaign on Digital" 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 8, 2019("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.
  • Once the Commercial has aired on STAR's Platform(s), STAR shall send out an official email to the Contestant, intimating the Contestant aboutbeing auto-nominated for the Contest. In order to proceed, the Contestant must respond by either accepting the auto-nomination or rejecting participation in Contest. In the eventthe Contestant chooses to accept nomination for the Contest, the following process must be followed:
  •       (i) The Contestant mustsend written confirmation accepting their auto-nomination on or before 9th May 2019.
  •       (ii) Send STAR a subtitled high-resolution HD version of any non-english Commercials that have been advertised on the STAR Platforms for the League.
  • The Contest is valid only for Indian nationals having an Indian passport valid for the necessary period to avail any gratification pursuant to these Terms and Conditions.
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 all the 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 be required to 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:

  • Initial Screening:

    The jurors will go through the Commercial one by one and rate them basis a YES/ NO evaluation. There will be no discussion at this stage between the jurors. The Commercials where majority of the jurors decide YES will be shortlisted for the next round.

  • Second stage:

    The jurors will go through the shortlisted Commercials from the initial screening, and further narrow down the Commercials basis YES/ NO evaluation. The Commercials that make it through this round will go into the final round for deliberation. There will be no discussion at this stage between the jurors.

    In the case of a deadlock in voting results, during either the initial screening or the second stage, the Campaign/Commercial will be kept in consideration for the next round.

  • Final Round

    The Commercials shortlisted after the second round will be deliberated upon by the jury.Post this discussion, each juror will anonymously select ads basis YES/NO on their handheld devices / paper ballots. The final contenders/ shortlisted ads will be declared for each award category as the winners. The discussion continues until such time that the jurors have reached a consensus on the final winner for each category.

  • Results

    The Winners shall be declared on a date falling between May 13, 2019 to May 19, 2019.

5. Prize
  • 3 (three) Winners would be awarded prizes ("Prize") under three different categories as detailed in Rule (1) of the Principal Rules. The Prize for the Winners would be a trip ("Trip") to experience a sporting event in England ("Event"). Each of the threeWinners would be entitled to nominate upto 6 (six) 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 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).The Relevant Persons understand and acknowledge that the Contest is built on the premise of collaboration, and hence the final break up and decision with regard to the individuals who are given the gratification captured herein will be in the form of: 2 (two) individuals from the client's end; 2 (two) individuals from the creative agency; 2 (two) individuals from the media house. In case any of the above entities is not involved in creation of the Commercial, the discretion with regard to the break-up of gratification shall vest with STAR.
  • In the event a Winner refuses to accept an award/gratification for any reason whatsoever, any transfer of such award shall be at STAR's sole discretion.
  • 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 6(six) 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 3(three) 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, post-which STAR will not be liable for providing any form of gratification to the Winner. Further, the Contestants acknowledge that grant of visas for the Trip is at the sole discretion of the governing consulate/embassy of the relevant country/countries. STAR shall in no way be responsible for any of the Winner's visa applications being accepted.

    (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) Subject to the Winners and/or their respective nominees complying with the relevant terms and conditions captured hereunder, STAR shall be responsible for applying forvisas for the Trip. However, STAR shall not be responsible for failure by the Winners and/or their respective nominees in receivingvisas 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;
    • visa application;
    • airport transfers for the nominees in the country of gratification;
    • hotel accommodation for the nominees;
    • travel insurance;
    • meals for the nominees; and
    • local transfer from the hotel to 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, , 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, Contestants, Jury, clients and attendees of any award/ Contest related event ("Relevant Persons") 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 Relevant Persons for participating in such Promotional Shoot. The Relevant Persons 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 within 24 hours of airing of the Commercial. In the event a Contestantdoes not provide such English subtitles for the Commercial, STAR may, at its sole discretion, engage a third party vendor to provide English subtitles for the Commercial. In the aforementioned situation, the Contestant accepts and acknowledges that such third party vendor-sourced English translation shall count as final for the purposes of this Contest.
  • 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 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 shall not be responsible or liable for any change in any gratification referred to herein. In the event due to any reason the gratification or any part thereofis suspended or unavailable, STAR reserves the right to modify the gratification contemplated herein at its sole discretion. The Contestants waive any right or authority to to question or challenge any revision/ modification in the gratification.
  • STAR reserves the right to disqualify any Contestant and/or Juror (along with such Juror's evaluations) 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: