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Shemaroo Entertainment Private Limited (“SEPL”) presents “Aapka Ishq Ishq Aur Hamara Ishq ??? kya” contest (“Contest”) for its upcoming film “ISHQIYA” starring Arshad Warsi, wherein the contestant can participate by uploading their own love story video(s) (“Contestant’s Content”) on the website (“Site”) indicated by SEPL. The Contest is open to all the territories of India. The contestant agrees to all the terms and conditions of the Contest as set out herein below including the use of Contestant’s Content by SEPL across any and all mediums. |
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TERMS AND CONDITIONS FOR THE CONTEST |
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1. This Contest is open to all Indian citizens above 18 years of age as on January 2010. Residents and citizens of other countries residing in India and Non Resident Indians are not eligible to participate in this Contest. |
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2. This Contest is not open for public limited company, private limited company, Government bodies, social service organization or any other organization or company. |
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3. Employees and relatives of employees of SEPL and Arshad Warsi will not be eligible to participate in this Contest. |
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4. This Contest starts from 15th January 2010 and shall be valid for a period of 30 days thereafter. The winner will be selected and announced by SEPL after the said duration on the communication details as provided by the contestant while uploading their love story video(s) on the Site. |
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5. Contestant can participate in the Contest by uploading their own love story video(s) on the Site. Uploading the Contestant Content on the Site and participation in the Contest will be construed as complete acceptance of these terms and conditions by the contestant. |
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6. Contestant acknowledges that the winner will be declared based upon the maximum number of views and ratings received till 15th February 2010 at 23.59 hrs for the uploaded Contestant Content of the contestant. The contestant also acknowledges that there maybe no winners at all. |
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7. The contestant further acknowledges that the decision regarding the best love story video shall be mutually determined by SEPL and Arshad and shall be final. SEPL and Arshad reserve the right to accept or reject a contestant’s love story video at their own discretion without assigning any reason whatsoever to the contestant. |
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8. The contestant hereby undertakes not to disclose, reveal or make public any information whatsoever concerning the Contest. The contestant shall not make any statement or press statement or offer any interviews in connection with the Contest and/or SEPL and/or commit any act which may prejudice or damage the successful completion or exploitation of the Contest or the reputation of SEPL. |
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9. Further, the contestant irrevocably admits and confirms that all the communication with SEPL including, but not limited to, uploading of the love story video is on a non-returnable basis to SEPL. All such uploaded videos and materials communicated to SEPL in respect of this Contest, including all the Intellectual Property Rights therein, shall become the property of SEPL absolutely for a perpetual period across the whole world and SEPL shall be free to exploit the same in any form, format and medium universally it deems fit without any objections from any of the contestants herein. The contestant shall not be entitled to upload the same on any other site or shall not exploit the same in any manner whatsoever, unless intimated otherwise in writing by SEPL. |
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10. SEPL and/or its affiliates shall not be liable to contestant or any person for any loss or claim or damages directly or indirectly, if any, suffered by the contestant as a result of participating in this Contest. |
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11. SEPL reserves the right to announce the name of the winner of the Contest on its Site. Each contestant consents to the use of name of the contestant in any media for future promotional, marketing and publicity purposes, if any, without any further reference or payment or other compensation to the contestant by SEPL and their affiliates. |
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12. SEPL shall have all the rights to amend, modify, discontinue or terminate this Contest at any point without prior notice to the contestants or without assigning any reasons whatsoever. |
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13. For any reason whatsoever, if the Contest is cancelled, SEPL shall not have any obligation to award any prize money. |
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14. The contestant shall be solely responsible for uploading the Contestant’s Content on the Site. SEPL hereby disclaims any responsibility for the deletion, the failure to store the Contestant’s Content on the Site. SEPL further disclaims any responsibility for any harm resulting from uploading or accessing any Contestant’s Content or material, services and quality of servers, services or sites, cancellation of Contest and prizes. |
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15. The contestant understands and agrees that SEPL may, but is not obligated to, review the Site and may delete or remove (without notice) any Site content or Contestant’s Content at its sole discretion, for any reason or no reason, including Contestant’s Content that in the sole judgment of SEPL violates its policy, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. |
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16. When the contestant uploads the Contestant’s Content on the Site, they authorize and direct SEPL to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the Contestant’s Content on the Site. |
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17. The contestant uploading the Contestant’s Content on the Site shall be solely and exclusively responsible for the originality of the same and shall take the ultimate responsibility that the Contestant’s Content or any content thereof shall not infringe upon any rights including but not limited to Intellectual Property Rights, copyrights of any third party and shall settle all the claims and damages claimed by any third party and SEPL and Arshad shall not be responsible or liable for any such third party claims, in any circumstances whatsoever. |
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18. SEPL does not warrant that the Site will be uninterrupted or error free. In addition, SEPL does not make any warranty as to the content on the site and the Contestant’s Content is distributed on an "AS IS" basis. Any material that is accessed, uploaded or otherwise obtained through Site is done at contestant’s own discretion, competence, acceptance and risk, and contestant will be solely responsible for any potential damages to their computer system or loss of data that results from upload or download of any such material. |
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19. Neither SEPL nor any of its affiliates make any warranty that (i) the Site will meet the contestant’s requirements, (ii) the Site will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, and (iv) any errors will be corrected. Neither SEPL nor any of its affiliates or associates makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to Site, any content, or any of its tools, products, or properties. |
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20. You expressly agree that you will assume the entire risk as to the quality and the performance of Site and the accuracy or completeness of its content.
Neither SEPL nor its partners or licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use Site.
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21. Taxes on prizes (if applicable) are to be borne solely by the winner and are subject to compliance with applicable laws & regulations. |
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22. SEPL reserves the right to make modifications/amendments to these Terms & Conditions without at any time without any intimation to the contestants. |
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23. Non-conformance of these terms and conditions of the Contest by any contestant and/or winner will result in immediate disqualification of the contestant from participation or winning as the case may be. |
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24. This Contest shall be governed by & construed in accordance with the applicable laws in India. |
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25. In case of any dispute or difference arising out of or in relation to this Contest, decisions of SEPL are final and binding on all concerns and not subject to challenge or appeal. |
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26. All disputes regarding this Contest are subject to jurisdiction of the Courts at Mumbai only. |
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