Terms and Conditions
TERMS AND CONDITIONS GOVERNING PARTICIPATION IN YES BANGLA


By means of these terms and condition set forth herein (“Terms and Conditions”), Zee Entertainment Enterprises Limited (“Company”) is conducting a promotional activity named “Yes Bangla ” an initiative by ‘Zee Bangla’ channel which brings/provides a platform to the aspiring actors/script writers to showcase his/her best content ideas for Satellite TV/Ground TV / films / digital / live . The Company is providing an opportunity to the interested participant (“Participant”) to submit their entries on the Company’s website being www.yesbangla.in (“Entry Platforms”) and get a chance to learn about acting and scriptwriting and to receive a certificate (as defined hereunder) (“Activity”) on terms more particularly described herein below which you agree to be unconditionally bound by:



I. PROCEDURE FOR PARTICIPATION AND SELECTION

1. In order to participate in the Activity, each Participant shall be required to follow the mechanism defined herein under :
(i) make himself/herself available at the desired Venue during the Activity Period
(ii) register themselves by filling a registration form available on the Entry Platform, along with their personal details more particularly being (a) name (b) surname (c)email id and (d) mobile number
(iii) the candidates who are participating in the acting category, they may record a small video with the mobile / camera which will briefly describe your potential and Upload the video on the ‘Yes Bangla’ Website, similarly the candidates who are participating in the scriptwriter category, they may upload their writings in word documents. Note: Each acting aspirant can upload one video of maximum size 300 MB and each scriptwriter may upload 3 (Three) nos of word docs where the size of the file should be maximum of 10 MB each on the ‘Yes Bangla’ website
(iv) Register and create an account in ‘Yes Bangla’ website
(v) Candidates will get a unique ID upon completing the registration process and a welcome sms.

2. The Company may promote this Activity through the medium of the Company’s channel, website, print media (newspapers), television (promos, astons, bugs etc.), on ground promotions, activities for promoting ‘Yes Bangla’ and on-spot registrations in 35 colleges across Bengal (including Kolkata),workshop-cum-auditions in 5 locations across Bengal (including Kolkata) push sms, radio, digital media/ online and any other manner as shall deem fit by the Company, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Activity.

3. It is further clarified that the details of the Entry may be publicized on the Company’s Twitter page owned or operated by the Company and /or any other platform/medium other than the Entry Platforms.

4. For purposes of the Activity, “receipt” of the Entry shall be considered by the Company only when the Entry submitted by Participant(s) is received by the Company and visible on the Entry Platforms.

5. For the purposes of the Activity, a complete and valid Entry will constitute of (i) logging onto the Entry Platform; (ii) registering themselves by filling the Registration Form; and (iii) receiving a unique link along with a thank you message and (iv) successfully submitting his/her Best Idea in the drop box. If the Participant(s) fails to make the Entry in the manner as stated in Clause I(1) and hereinabove and/or has violated any guidelines published by the Entry Platforms, then his/her Entry shall be considered incomplete and the Participant(s) shall not be eligible for the Gratification. For the avoidance of doubt, it is hereby clarified that by submitting the Entry, the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.

6. Each Participant shall be allowed to submit only 1(one) Entry on the Entry Platforms in accordance with Clause I (1) during the Activity Period. Entry received from the Participant(s) which is contrary to the terms mentioned above on the Entry Platforms during or after the Activity Period shall be considered null and void.

7. The Participant shall ensure that the Entry submitted is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that —

(a) belongs to another person and to which the user does not have any right;

(b) is grossly harmful, harassing, blasphemous, 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 whatsoever;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) 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. For avoidance of doubt, the Participant agrees that the Company has the right to remove any such material/Post which may not be in consonance with applicable law.

8. The Company shall not be responsible in the event Entry is not received due to any technical error and/or connection failure and/or electricity failure and/or for any reason whatsoever.

9. At the end of the Activity Period, on the basis of the Participant(s) having made a valid Entry and having given the Best Idea on Entry Platform(s), the Company at its sole discretion shall select as many nos. of Participants with the best creative ideas for TV / films / digital / live, who shall receive a credit for their write up as and when their write up is used by the Company in the content produced by the Company, as the gratification towards shortlisted in the Activity (“Gratification”). Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the form and/or value and/or brand of the Gratification and the Participant shall have no claim in any manner whatsoever in this relation. The Participant understands and agrees that the Company shall have full discretion, without informing the Participant, to change the form of Gratification and the Participant shall abide by the Company’s decision to this effect.

10. For avoidance of doubt, it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the shortlisted candidates shall be final and binding. The Company at any time during or after the expiry of the Activity Period shall at it sole discretion increase or decrease the number of shortlisted candidates to be selected by the Company for being entitled to receive the certification. For the sake of clarity, mere submitting an Entry on the Entry Platform does not entitle the Participant(s) to receive the certification. Only the Participant(s) who have made a valid Entry by giving correct answer to the question asked on the Entry Platforms throughout the Activity Period before the end of the Activity Period shall get a chance to proceed further for the selection process in the Activity.

11. On selection of the shortlisted candidates by the Company, they shall be intimated by the Company and /or by any other agency on behalf of the Company by directly emailing on the email address provided by the participants while participating and submitting on the Entry Platform (“Intimation Email”). The shortlisted candidates will be required to connect with the Company on the contact number/email id that shall be mentioned in the Intimation Email within 2 (two) days from the delivery of Intimation Email on the participant’s email id.

12. In case the shortlisted candidates fails to revert to the Company within the aforesaid timelines, the selection of that particular candidate shall be invalidated and the Company at its sole discretion may select another candidate from amongst the eligible Participants. The Company shall not be responsible or liable for any technical disruption and/or failure and/or any other difficulties of such nature, due to which they are un-reachable, due to which the Company is unable to intimate them.

13. In case the shortlisted candidate reverts to the Company in a manner as said forth in Clause I (13) above, the candidate shall be required to adhere to the verification process of the Company which inter alia shall include sharing (i) the personal information (“PI”) of the candidate such as name, contact number, email address, age, gender, name of parents, residential address etc. and (ii) identification documentation such as age proof, residence proof, their nationality proof (i.e., driving license, pan card, passport, election card, electricity bill, ration card) In the event of any Foreign resident all requisite documentation requested by the Company including visa and other ancillary permits need to be presented (“Documents”). For the sake of clarity, such Intimation Email received by the candidate from the Company does not entitle the candidate to receive certification unless the candidate completes the entire program and furnishes all requisite PI and the Documents in a form and manner desired by the Company. Post receiving the PI and Documents of the candidate, the Company shall verify the necessary PI and the Documents at its end.

14. Once the PI and/or the Documents have been verified by the Company, the Company and /or any other agency on behalf of the Company shall inform the candidate about the selection as for the main Activity.

15. The certificate given to the shortlisted candidate by the Company is non-transferrable and non-exchangeable. Each shortlisted candidate agrees and undertakes that no cash equivalent or alternative opportunity will be given to the shortlisted candidates and the candidate cannot exchange the opportunity given for any kind of gift with value. Further, the opportunity given to each shortlisted candidate is personal in nature, hence the shortlisted candidate cannot transfer the opportunity to any other person.

16. The shortlisted candidate shall not in any circumstances make any claims against the Company entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly or any related activity, to the extent permitted under law. If the candidate is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.

17. This is an initiative taken by ‘Zee Bangla’ for the aspiring candidates to take part in this program to learn about ‘acting’ and ‘scriptwriting’ and for grooming purposes and ‘Zee Bangla’ will provide a certificate after completion of the entire program. ‘Zee Bangla’ does not give any guaranty or assurance to any of the candidate/s, participant/s that during this process or after completion of this process ‘Zee Bangla’ shall provide opportunity to work with ‘Zee Bangla’ or any other channel/s or production house.

18. Employees of the company an their group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the activity.

19. No dispute shall be entertained with regards to the selection criteria. Decisions of the Company shall be final and binding on the Participant(s).

20. The shortlisted candidates hereby agrees to release and discharge the Company from all Gratification and Activity related obligation on the Company delivering/ handing over the Gratification.

21. All PI and Documents (if asked by the Company) requested by and supplied to the Company by each Participant must be truthful, accurate and in no way misleading, failing which the Company reserves at its sole discretion the right to disqualify any Participant from availing the opportunity to participate in the Activity.

22. By participating in the Activity, it is construed that the Participant(s) has read and understood these Terms and Conditions, Privacy Policy including the General Terms and Conditions stated below and Participant(s) act of participation in the Activity will be deemed acceptance to abide by the same.



II. GENERAL TERMS AND CONDITIONS

1. Age limit for the participation is 15 years and above, who must be medically fit and have no criminal conviction or an arrangement or a contract with any third party that prevents the Participant(s) from participating in the Activity. Documents pertaining to medical fitness must be furnished by the Participant on demand.

2. Persons must enter the details on their own behalf and Entry(ies) by proxy will not be accepted, even for their family members.

3. The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Activity without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Activity on Company’s Website.

4. The Participant hereby undertakes, warrants and guarantees to the Company that he has the full legal capacity to participate in the Activity in accordance with law and also these Terms and Conditions.

5. By participating in the Activity, the Participant represents that he/she is medically fit and does not have present or past psychological problems. If in the past he/she has had any psychological problems or have been under medication for any psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to the Company in writing along with a copy of the certificate from a qualified medical practitioner declaring him to be fit for participation in the Activity.

6. Participant shall not be eligible as a Participant for the Activity if he/she is suffering from any critical health related issues.

7. Participant represents that he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Company in writing. That the Participant(s) is /are not required to be present before any authority including police or any court of law for a term of twelve (12) months from the date of registration and has no other disability which would prevent or impede his/her participation in the Activity (if selected/shortlisted).

8. The Participant acknowledges that he/she has voluntarily chosen to participate in the Activity at his/her free-will and is willing to bear all risk, costs (including but not limited to food, travel, incidental costs etc.) and consequences arising from such participation in the Activity.

9. The Company makes no representations, warranties nor provides any undertaking to any of the Participant(s) that any or all of the Participants will be able to qualify for receiving the opportunity to participate in the Activity.

10. The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses or otherwise suffered / incurred by any of the Participant(s) in the event that the Company is not able to permit the Participant to take part in the Activity in accordance with any of the foregoing provisions.

11. Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, to cancel the Activity or reschedule the Activity dates.

12. At no point of time will the Company be obliged to notify unsuccessful Participant(s) of its decision.

13. The Participant(s)/ shortlisted candidates of the Activity agrees that he/she shall make himself/herself available from time to time and co-operate with the Company and participate in any activity and/or campaign relating to the Activity (“Promotional Activity”) of any nature whatsoever without any money payable to the Participant and/or shortlisted candidates. Further, the shortlisted candidates shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Participant(s) gives his/her consent to the Company and/or any other agency on behalf of the Company to make the footage of the participation in the Promotional Activity. The shortlisted candidates in consideration of being afforded an opportunity to take part in the Activity, agrees that the footage of any nature with regard to the shortlisted candidates shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and the Company may exploit the same in any manner and in any media whatsoever at any time throughout the world.

14. The Entries received from the Participant by the Company may be used in any form in future if found appropriate.

15. The Participant(s) shall hold harmless and indemnify, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by the Participant(s) and/or in connection with the Activity and/or the Gratification and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

16. The shortlisted candidates /Participant(s) shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by the Company in connection with any act of the Participant(s) and/or the Activity and/or post and/or Entry and/or any third-party rights claims with respect to the material submitted by the Participant(s).



III. OTHER TERMS

1. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.

2. These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Kolkata.

3. The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.

4. Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.



IV. NO LIABILITY

1. The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Program.

2. The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to the Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Activity whether or not caused by (1) the Participant’s participation in the Activity, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (3) any printing, typographical or technological errors in any materials associated with the Activity. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Activity. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.

3. The Participant/ shortlisted candidates agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Activity including but not limited to persons connected to the selection procedure for the Activity.

4. The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant and arising as a result of his/her participation in the Activity.

5. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.

6. Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise, for the participant to receive the Gratification.

7. The Participant hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Activity or due to any representations, misrepresentations or concealment of material facts by the Participant.




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