TERMS AND CONDITIONS
SPNI Corporate | #SPNIEarthDayContest
The following terms and conditions (“T&Cs”/ “Terms and Conditions”) shall be applicable to Culver Max Entertainment Private Limited (Formerly known as Sony Pictures Networks India Private Limited), a company incorporated under the Companies Act, 2013 with its registered address at 4th Floor, Interface Bldg. 7, Off Malad Link Road, Malad (West) Mumbai 400064 along with its group companies (“SPNI”). SPNI is conducting a contest for Earth Day 2022 where participants have to share their answers in the comments on social media (Facebook, Instagram and YouTube) which shall function in a manner as specified in Specific T&C’s at end of this T&C and the contest shall be termed as follows:
The T&Cs shall be in two parts (a) Basic T&Cs and (b) Specific T&Cs for the Contest.
Following are the terms that shall be applicable to the Contest:
1. The Contest is open only to Indian citizens, residing in Mumbai only.
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 T&Cs for Contest.
4. Employees, agents and promoters (including their immediate family members) of SPNI 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 SPNI website available at www.sonypicturesnetworks.com (“Website”). The Participants agree that by participating in the Contest, the Participants shall be bound by the Terms and Conditions.
6. The specific requirements for the Contest shall be outlined in the T&Cs of the Contest as specified herein.
7. The information provided by the Participants may be used by SPNI for internal purposes and to send in the future to the Participants promotional information pertaining to the SPNI network.
8. For the Contest, each Participant must submit their complete entry 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. Participants entering the Contest may submit such number of Entries as mentioned in the Specific T&C so long as such Entries meet SPNI’s criteria as specified in these T&Cs even if not chosen as the final Winner of the Contest and any Participant may at SPNI’s sole discretion be declared a Winner of the Contest.
10. The manner, day and the basis of choosing and announcing the Winner (defined below) shall be specified in the Specific T&Cs of the Contest.
11. The announcement about the Winner and the Prize(s) (defined below) shall be as per the T&Cs of the Contest.
12. Method and time of prize distribution: SPNI shall inform the Winner DMs on social media and emails.
14. SPNI shall make a maximum of 2 (two) attempts, to contact the Winner via the method specified in the Specific T&C. SPNI shall not be held liable despite SPNI’s best efforts, in the event the account is not active/ accessible/private.
15. Participants shall not post any profanity or abusive comments on the respective Website’s Contest page/ SPNI’s website/or any of the social media pages of SPNI 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 SPNI reserves its rights, in addition to removing such post, to take legal action against such Participant and/or user.
16. By participating in the Contest, each Participant agrees to follow these Terms and Conditions and is deemed bound by any decisions made by SPNI in its sole discretion, including any interpretations of the Terms and Conditions.
17. SPNI 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 c consequence of computer service delays, interruptions, electronic failures or overloads, or for lost, misdirected or misplaced Entries. 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.
18. SPNI reserves its right to select and declare or not to declare the Winner in the event no Participant has submitted correct answers. Decision of SPNI in this regard is final and no correspondence in this regard will be entertained.
19. While accepting the Prize(s), the Winner may be required to sign an “indemnity and release of claims” form provided by SPNI which shall release SPNI of all liability. Failure to complete and sign any documents requested by SPNI may result in disqualification and selection of an alternate Winner. All decisions of SPNI are final in this regard.
20. Mere participation/submitting Entries in the Contest does not entitle the Participants to win the Prize(s).
21. The Prize(s) will be awarded to the Winner pursuant to verification and in accordance with these Terms and Conditions.
22. SPNI 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.
23. The Prize(s) shall be delivered to the Winner subject to submission of all relevant documents, if required in accordance with these Terms and Conditions of the Contest.
24. The Prize(s) are not transferable, assignable or exchangeable for cash equivalent. Only the prize Winner and no other person or agent, may claim the Prize(s).
25. In case the Winner(s) is / are found to be in violation of any and all rules of the Contest, SPNI reserves the right to initiate legal proceedings against such person(s) including but not limited to having the concerned Winner to refund the Prize(s) won.
26. SPNI has the right to substitute the Prize(s) with other prizes of equal value, as determined by SPNI in its sole discretion.
27. SPNI has the right to amend (add, delete or modify) the Terms and Conditions governing the Contest, prospectively or retrospectively, at its discretion and without prior notice.
28. SPNI 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.
29. SPNI 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. SPNI 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.
30. Under no circumstance, unless due to wilful misconduct or gross negligence, shall SPNI 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 Mumbai against SPNI their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Contest.
31. SPNI 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.
32. Under no circumstance shall SPNISPNI 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 SPNI has been advised of the possibility of such damages.
33. Non-conformance by any Participant and/or Winner of the Contest will result in immediate disqualification of the Participant from participation or winning the Prize(s) as the case maybe.
34. SPNI 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.
35. The decisions of SPNI and its representatives shall be final and binding on all aspects of the Contest.
36. In addition to these Terms and Conditions mentioned herein, by participating in the Contest, the Participants hereby undertake and represent to SPNI that they shall comply with the terms and conditions laid down by Instagram, Facebook, YouTube and the Entries shall be considered valid only if they comply with the terms and conditions laid down by Instagram, in addition to the Terms and Conditions hereunder. SPNI shall not, in any manner, be responsible to any action taken by Instagram or any other social media platform with respect to the post made by the Participant and the Participant hereby agrees to not make any claims against SPNI with respect to the same. Any technical or other issues with respect to the Participant’s Instagram, Facebook, , YouTube account, page and/or operation or functioning of the same shall be taken up by the Participant directly with Instagram, Facebook, YouTube without involving SPNI in any manner.
37. The personal information provided by the Participants in the course of the Contest to SPNI will only be used for SPNI’s internal purposes and to send Participants promotional information in the future pertaining to the SPNISPNI/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 SPNI on the same email ID from which he/she receives such promotional information.
38. 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 Winner.
39. SPNI shall not be responsible for 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.
41. In exercise of the powers conferred by applicable laws, SPNI shall treat the Personal Data and/or documents as sensitive and confidential and such information and/or documents has to be now dealt with as per the provisions specified in the applicable laws.
43. SPNI shall deal with any Personal Data, if any, that it receives from Participants or otherwise collects, holds, uses and processes in the following manner: a) SPNI 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 SPNI. b) The level of data protection using technical, managerial, operational and physical security control measures by SPNI 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.
44. Participants confirm that the videos and/or images 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 videos and/or images 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 videos and/or images 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 videos and/or images provided by the Participants, SPNI shall not be held liable on any account whatsoever.
45. By participating in the Contest, entrants agree to release and hold harmless the SPNI, together with their respective parents, subsidiaries, affiliates, advertising and promotion agencies, together with the respective officers, directors, shareholders, employees, and agents of each (aforementioned individuals and organizations collectively, the “ Released Parties”) from and against any and all losses, damages, rights, claims and actions arising out of participation in the Contest or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Contest; (d) errors in the administration of the Contest or the processing of entries; (e) changes to platform policies and procedures that may interfere with the operation of the Contest; (f) claims based on publicity rights, defamation and/or invasion of privacy and the collection, use and/or sharing by Sponsor of personally identifiable information of the entrants; or (g) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt of any prize.
46. Submission Rights Grant: By participating, except where prohibited by applicable mandatory law, each Participant hereby grants to SPNI, its affiliates, successors, licensees, assignees and SPNI’ authorized designees, a perpetual, fully-paid, royalty-free, transferable, fully sub-licenseable, worldwide, irrevocable, non-exclusive right and license to use, adapt, translate, reproduce, edit, modify, create derivative works from, combine with other works, post, transmit, perform, display, publish, communicate, communicate to the public, broadcast, reformat, make available, disseminate, distribute, and/or otherwise aurally and/or visually exploit (any one or more of the foregoing referred to as ‘Use’) the entirety of the rights in and to the “Submission” (and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity), which includes both the Entry and the other registration information that the entrant provides, and the Participant’s name, likeness, image, photograph, voice, performance, rendering, signature, silhouette, sounds and/or biographical data contained therein and/or in the registration information accompanying the Participant’s contest entry, or with respect to any photography, video, audio or other recording of the Participant or any person included in the Entry or in connection with any participation in the Contest or related events, in any media, manner, technology or content delivery mechanism now known or hereinafter devised, for any purpose, including, without limitation, in connection with the Contest, its administration, judging, advertising and/or publicity, and in connection with the promotion, advertising, publicity and/or other exploitation of SPNI’ initiative, on any SPNI property or otherwise, without the necessity of further consent or additional consideration. Winner accepts and acknowledges that SPNI shall not be obligated to use the Submission, or any part thereof, and that SPNI, in their discretion, shall have the right to refrain from using the Submission. SPNI shall not incur any liability whatsoever to the extent SPNI chooses to refrain from any exploitation of its rights hereunder.
47. By entering into the Contest, the Winner/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 SPNI’s right to use the pictures uploaded by the Participant(s) the captioned posted for the Contest , picture, tape or portray him/her as a Contest Winner, 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 applicable law. The prize Winner also consents to SPNI’s right to use his/her name, voice or picture, or the content of his/her Contest Entry (collectively, the “Publicity Rights”). SPNI can allow to its agencies to exercise/exploit the Publicity Rights in conjunction with SPNI. SPNI shall also be free to use any ideas, concepts, know-how or techniques contained in the entries received for the Contest for any purpose.
48. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, SPNI its affiliates, officers, directors, employees and agents and Instagram, Facebook, YouTube (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).
49. Your participation in the Contest by posting the Entries will be deemed as an acceptance of the above stated Terms and Conditions.
50. The Contest is void where prohibited by law. All relevant national and local laws apply.
51. 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.
22nd to 26th April 2022
Platform on which Contest shall be available
Facebook, Instagram and YouTube
Start and End Timing for posting the Entries
22nd April, 2022 at 6 PM Indian Standard Time (“ IST”) and ending on 26th April, 2022 at 11:59 PM
· Share answers in the comments
· Mention #SPNIEarthDayContest in the answers
Specific Process for choosing the Winner
- Answers in comments that make a difference to the planet and given they follow the mode of participation mentioned above
- 3 Winners will be chosen from either of the platforms
Announcement of the Winner
The winners will be contacted via social media DMs and Email IDs, after been announced on our social media platform they’ll be asked to email us their details on our official id by 1st May. Winners will then be expected to share their home address and/or mobile number for the purpose of distributing the Prize.
The decision of SPNI in the selection of the Winners shall be final.
· SPNI reserves the right to make any changes to the list of Winners or the Prizes at any time, at its sole discretion. SPNI shall not be responsible for any delay in delivery or any damage to the Prizes during delivery or for any deficiency or failure in delivery.
Specific Terms of Participation/Process of Participation
· Participants at all times shall ensure that the entries:
i. Are their original work and shall not violate the rights of any third party, including, but not limited to, privacy rights, copyrights, trademark rights and/or any other intellectual property rights;
ii. is not abusive, harmful, harassing, blasphemous, defamatory, obscene, libellous, 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;
iii. does not harm minors in any way;
iv. does not violate any law for the time being in force;
v. does not deceive or mislead about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vi. shall not create any liability for SPNI or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.
· Participants always shall ensure that they have obtained authorization for the inclusion of any third-party materials (including, without limitation, company names, logos, music, name, voice, image, likeness or other branding elements of any third party) that are included within Participants Entry