TERMS AND CONDITIONS
COLORS GOLDEN PETAL CLUB AND COLORS WHATSAPP COMMUNITY The Colors Golden Petal Club (“Club”) is a women’s exclusive member-get-member club, started as a promotional initiative of Colors channel (“Channel”). Further, for the purpose of promotion of the Channel, the Company has launched Colors WhatsApp Community (“Community”) whereby the members of the Community will be receiving promotional messages about the Channel. The campaign for the Club and/or the Community will commence from 1st April 2024, and shall continue to be in operation till the time the Club and the Community exist and as the Company deems fit. Membership to the Club and/or the Community will be an on-going process.
These Terms and Conditions (‘Terms and Conditions’) govern your participation in the Club and/or the Community initiated by Viacom18 Media Private Limited (“Company” or “we” or “Viacom18”) for the promotion of its Channel including the promotion/marketing of the events/programs/shows of the Company. These Terms and Conditions apply to all participants (“You/Participant(s)”) who intend to take part in the Club and/or the Community. The Terms and Conditions of and in relation to your participation in the Club and/or the Community as stated herein, is an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This is a legal and binding agreement between the You/Participant(s) and Company, that states the terms that govern the Participant’s participation in the Club and/or the Community in accordance with the terms hereof. Your acceptance of the Terms and Conditions, constitutes Your agreement to be a member of the Club and/or the Community and Your agreement to follow and be bound by these Terms and Conditions without modification, and all other operating rules, policies and procedures that may be published from time to time by the Company. If You do not agree to these Terms and Conditions, you are advised not to participate in the Club and/or the Community. Please be advised if you choose to continue to participate in the Club and/or the Community, it shall be deemed that you have accepted the Terms and Conditions. The Terms and Conditions are personal to You, and are not assignable, transferable or sub-licensable by You.
1. USER INFORMATION In order to participate in the campaign for the Club and/or be a member of the Community, You will be required to state all the true, and required information, which has been including your (i) name; (ii) mobile number linked to WhatsApp account; (iii) complete residential address; (iv) age; and (v) date of birth on the Colors WhatsApp Bot, as defined below (“User Information”).
2. BY PROVIDING YOUR DETAILS FOR THE PURPOSE OF JOINING THE CLUB AND/OR THE COMMUNITY, YOU AGREE, CONFIRM, AND UNDERTAKE THAT THE FOLLOWING:
a) You are an individual above 18 (eighteen) years of age.
b) Only females meeting these Terms and Conditions are eligible to become members of the club, however all persons meeting the Terms and Conditions are eligible to become members of the Community.
c) You are a legal resident of India (“Territory”).
d) You undertake You do not have criminal conviction or an arrangement or a contract that prevents You from participating in the Club and/or the Community.
e) You own a smart phone and a personal mobile number that is registered solely under Your own name, and You are capable of proving the same by way of supporting documents;
f) The information provided by You for the purpose of Your Participation in the Club and/or the Community is true and correct. Further, the information provided is Your own, and You have not and shall not submit any details which belong to a third party. You understand that any dishonesty/inaccuracy/misrepresentations on Your part in providing the personal details and/or any misconduct/misbehavior at any programs/shows/events/appearances shall lead to the refusal of the application and shall render Your participation invalid and Your membership shall stand suspended. Further, the Company shall have the right to take any legal action against You for any inaccuracy in the User Information furnished by You.
g) You hereby grant to the Company the right to use, collect, store and process the User Information. You represent and warrant that: (i) you own the User Information submitted by You (ii) your submissions do not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your User Information by You does not result in a breach of any contract between you and a third party.
h) You hereby grant consent to Viacom18 to use the User Information for the purpose of (i) sharing with You any correspondences, notices or communications in relation to this campaign or related to the Club/Community and/or Company’s programs/shows/events etc. and/or promotions/marketing thereof vide the Colors WhatsApp Bot; and (ii) customizing/selecting/generating promotional material and sending communication, and further agree to engage with the Company’s representatives through WhatsApp and/or tele-callers for any communications related to the Club/Community and/or Company’s programs/shows/events etc. and/or promotions/marketing thereof. You understand that User Information You submit may be stored on Company’s servers for the purposes mentioned herein. You can choose to withdraw such consent and discontinue receiving communications as mentioned herein by sending a “STOP” message as reply on the WhatsApp chat on which you receive the above-mentioned correspondences by Viacom18 (“Colors WhatsApp Bot”)
i) You agree to have read, understood, and abide by the terms of service and privacy policy of the Company available at https://www.colorstv.com/privacy-tos/.
j) You agree, undertake, and confirm that Your participation in the Club and/or the Community is absolutely out of Your own free will and that You are in no way coerced/forced into taking part in the Club and/or the Community.
k) At no point of time will the You be demanded any form of payment (whether in cash or otherwise) for any purposes.
3. VERIFICATION PROCEDURE
a) Once the complete details are collected from the Participants, they shall be subjected to another round of verification.
b) In the second round of verification, the information and documents provided by the Participants will again be scrutinized by the tele callers via phone calls to the Participants and the Participants may be required to make necessary changes or amends in the information if needed, as suggested by the tele callers to verify the correctness of the information. You understand that any updated information shall be deemed as User Information, and the consents granted with respect to User Information shall be applicable to such updated information mutatis-mutandis.
c)
Notwithstanding anything contained herein, the Company reserves the unrestricted right to suspend/disqualify/invalidate/terminate the card including Your membership to the Club and/or the Community at its sole discretion without assigning any reasons thereto.
d)
In the event, any Participant fails to submit all the required details for joining the Club and/or the Community, their participation shall be invalidated/disqualified and they shall lose the chance to avail the Benefits of the Club/Community (as described below).
e)
Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by Company from time to time will make such Participant’s entry(ies) null and void.
4. BENEFITS OF THE CLUB
a)
Only female Participants are entitled to become members of the Club and avail the benefits of the Club.
b) Upon the verification of data provided by the female Participants to the satisfaction of Company, and submission of valid documents as required by Company, and subject to Covid-19 advisories, the status of operation of the Club in their respective cities, such female Participants will be given a chance to visit the sets of the Channel, meet the stars of the shows on the Channel and shall also be granted access to the on-ground events hosted by the Company, in their respective city.
c)
The decisions pertaining to the Club benefits/passes including the access to and choice of the shows/programs/events/on-ground events/meet and greets/ behind the scenes and all other appearances to which such female Participants must be invited shall be at the sole discretion of the Company and cannot be contested by any Participant. All decisions pertaining to the acceptance/rejection of participants for joining the Club shall be at the sole discretion of the Company.
d)
Company shall have the right to change the date and/or venue, including the eligibility criteria for the Club, the benefits of the Club, these Terms and Conditions and/or any aspect of the Club at its sole discretion and without assigning any reason for the same. The decision of Company is final and binding in this regard. It shall be the responsibility of the Participants to keep themselves updated with respect to any change/modification in the Terms and Conditions and/or as informed by the Company and any such modification shall apply to all the Participants and the Participants shall be bound by the amended / modified terms and conditions. Adherence to the rules shall be a strict condition precedent to the Participant(s) availing the Benefits/passes.
e)
In the instance of the Club being postponed for whatsoever reasons, the Company will not be held responsible.
f)
It is hereby expressly stated that the Company shall not be responsible to bear or reimburse any costs, charges, and expenses incurred by the Participant(s) in availing the Benefits and/or incurred otherwise including but not limited to the travel, ground transportation / internal travel, accommodation, food, beverages etc. It is hereby expressly stated that the Participant(s) shall be solely responsible to arrange and pay for all costs / expenses incurred by the Participants in availing the Benefits and/or incurred otherwise.
g)
For the sake of clarity, the Company has the right but not an obligation to provide the Participant(s) with the membership of the Club including the said benefits and no Participant(s) shall question the decision of the Company.
h)
In the event You wish to discontinue with Your participation in the Club, You can send a “STOP” message on as reply on the WhatsApp chat on which you receive the above mentioned correspondences by Viacom18, post which You shall not be entitled to receive any Benefits of the Club.
5. GENERAL RULES
a)
All decisions of the Company shall not be subject to any appeal of any nature whatsoever. By participating in the Club and/or Community, it shall be construed that the Participant(s) has/have waived their right to dispute Club/Community and/or the Benefits and/or any decision(s) made by Company.
b)
You shall not, without Company’s prior written consent, disclose/ publicize in any manner including on social networks /social media platforms and/or any other platform, including
without limitation the press,
any information relating to the Club and/or Community and You shall maintain strict confidentiality in this matter at all times and in event of Your failure to comply with the confidentiality obligations, Company may/shall, at its option take legal action against You, as it may deem fit.
c)
You hereby represent and warrant that You have not been accused or convicted or are otherwise involved in any offence and/or are not under inquiry or trial by the police or judiciary and that there are no criminal/civil actions pending (actual or threatened) against You of whatsoever nature, and/or served against You and/or have no other disability which would prevent Your participation in the Club and/or Community.
d)
You shall comply with all applicable laws including subsequent amendments thereof, standards, guidelines and codes of practice, policies, notifications, etc. in force from time to time, in connection with Your participation in the Club and/or Community.
e)
You hereby agree and acknowledge that Company shall neither be responsible or liable for any loss, injury, mental/psychological problem/issues like anxiety, depression, stress, mishap, injury, accident, physical harm of any nature, death, any other unfortunate incident, etc., caused to You, during and/or after the Club and/or Community and nor shall be liable to indemnify or make good any claim being raised against it, of whatsoever nature. Under no circumstances will Company and/or any other persons associated with Company for the Club and/or Community will be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to the Club and/or Community.
f)
By participating in this campaign, You acknowledge and agree that: (i) any and all disputes, claims and causes of action arising out of or in connection with the activity, or any ai video, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the activity (if any), notwithstanding the foregoing, under no circumstances will company and/or company entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
g)
The Participant(s) shall not in any circumstances make any claims against Company or the Company’s affiliates/entities/representatives arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Club and/or Community or any related activity. If the Participant is found to be ineligible, or if they have not complied with these terms and conditions, the corresponding entries will not be considered further.
h)
By participating in the campaign, You represent and warrant to the Company that you are aware that the User Information may be accessible by third parties and there is no obligation on the Company to keep the User Information confidential;
i)
You shall participate in the Activity in a manner consistent with any and all applicable laws and regulations.
j)
Company may use the User Information for investigation into the content of the User Information to ensure that the User Information is in compliance with these Terms and Conditions.
k)
Your participation in the Activity constitutes your agreement to defend, indemnify, and hold harmless the Company and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys’ fees, caused due to any act or omissions or misrepresentations, infringement of any third-party rights or concealment of material facts or breach hereof by You or even by a third party by using the AI Image generated for you.
l)
You hereby agrees to be bound by the terms and/or by any subsequent revisions of the Terms and Conditions (“Revised Terms”). The Company reserves the right to amend, add or delete any of the Terms and Conditions at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior terms.
m)
The Company reserves the right to take legal action against such participant who has committed a breach under the Cyber laws (Information Technology Act, 2000 and all its amendments thereof) and/or any other laws as may be applicable from time to time and Company shall be entitled to such remedies in law as applicable.
n)
By providing any personal information to the Company You thereby waive Your privacy rights and/or any privacy expectations with respect to the use of likeness or personal information furnished. If You do not wish to You information and/or likeness viewed by or disclosed to others, he or she should not proceed with this campaign.
o)
The Company shall not be responsible for any unauthorized access to User Information and/or for any compromise on private/confidential user related, or any other data, including but not limiting to user ids, email address, names, contact numbers and/ or any other user related details.
p)
You hereby acknowledge and agree that the relationship between You and the Company and its affiliated companies is not a confidential, fiduciary, or other special relationship.
q)
The Company shall not be responsible in the event submissions are not received in the manner provided herein, and also for technical error of any nature whatsoever that results in the submissions not being received and/or for any disqualifications if the submissions are in contravention of the Terms and Conditions.
r)
In case of any dispute or other matter arising in reference to the Club and/or Community, the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Mumbai, India and the law applicable shall be Indian Law.
s)
YOU AGREE, CONFIRM, AND DECLARE YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS FOR YOUR PARTICIPATION AND YOU HEREBY CONFIRM TO COMPLY WITH THE SAME. ALL INFORMATION GIVEN BY YOU, WHETHER ORALLY OR IN WRITING IS TRUE AND COMPLETE AND THAT YOU SHALL BE RESPONSIBLE AND LIABLE TO INDEMNIFY THE COMPANY, IT’S AFFILIATES, CONTRACTORS / REPRESENTATIVES / AGENTS / PARTNERS AGAINST ANY LOSS/DAMAGE/CLAIMS, ETC. ARISING DUE TO ANY MISREPRESENTATION AND/OR INCOMPLETE INFORMATION PROVIDED BY YOU AND YOU AGREE TO BE BOUND BY THE RULES AND TO THE TERMS AND CONDITIONS SET OUT ABOVE.