FRIENDS NOT FANS: RULES AND REGULATION

FRIENDS NOT FANS: RULES AND REGULATION

CONTEST DESCRIPTION

"Friends Not Fans” is a lucky draw based contest (“Contest”) which can be accessed on social media platforms including but not limited to Facebook, Instagram etc. This Contest is run and operated by ZEE Entertainment Enterprises Limited (“ZEEL”). Broadly, the Contest consists of the following experiences:

  1. To enter the Contest, the Participant(s) (as defined below) will have to cast a vote for their favourite actor from the banners posted online by the way of comments and provide creative answer to why would the Participant(s) like to meet their favourite actor. The Participant(s) with the most creative answer shall stand a chance to meet and greet the celebrity actor they voted for (physically or virtually) at sole discretion of ZEEL. 
  1. The Participant(s) who comments and provides creative answer to the questions asked in banners automatically enters the Contest and stand a chance to win the Gratification (as defined below) during the Term (as defined below) of the Contest. 
This Rules and Regulations set forth the general terms and conditions and rules of the Contest titled “Friends Not Fans” and is in addition to (not in lieu of) to the Terms of Use[https://www.zee5.com/termsofuse] and Privacy Policy [https://www.zee5.com/privacypolicy] that apply to the Contest.

For the purpose of this Rulebook, wherever the context so requires, the term:

  1. “Application” shall mean the audio-visual streaming platform currently branded as "ZEE5" and accessible from the Device(s). It shall also include all third party applications where the Contest shall run including but not limited to Instagram, Facebook etc.  
  2. "Contest" refers to the Contest available on the gamification page of the Application and is titled "Friends Not Fans". The Contest is available on the Application which may be played by the Participants on the Device(s) in accordance with the Rules & Regulations. The Contest may also include other forms of contests, lucky draws, games hosted by ZEEL or third-party partners or sponsors during the Term of the Contest.
  3. "Device(s)" shall mean smartphones running the Android (with version 4.4 and above)/ iOS (with version 10 and above) operating platforms, capable of receiving and transmitting data including via Internet and/or mobile communications technology and/or any other similar technology. The Contest may work on sim-based tablets and Devices other than smartphones operating on the Android (version 4.4 and above) or iOS (version 10 and above) operating platforms, however, we recommend the Participant to play the Contest on smartphones for a better user experience.
  4. "Intellectual Property" shall include but not limited to Contest, creatives, game/ Contest format, prize format, scoring format, all trademarks and copyrights obtained by the ZEEL for the purposes of this Contest, UI design, domain names and terminologies used in this document to define specific aspects of the Contest and any other Intellectual Property associated or related or developed in relation to the Contest.
  5. “Gratification” shall mean a chance for 30 (thirty) lucky draw Winner of the Contest chosen randomly by ZEEL to meet the celebrity actor they have voted for (virtually or physically) as per sole discretion of ZEEL. The Gratification shall be non-transferable and non-assignable.  
  6. "Intellectual Property" shall include but not be limited to copyrights, trademarks, patents, trade secrets, domain names and / or any other legal interests recognized or protected as intellectual property.
  7. "Participant(s)" means any person(s) who (i) gives a missed call on the provided number (ii) has downloaded the latest version of Application on his/her Device, (iii) is present in India and (iv) is of sound mind and health and (v) has agreed to enter and participate in the Contest in accordance with the Rules & Regulations as defined in this document.
  8. "Registered User(s)" means a person who registers on the Application through an e-mail ID, phone number or Facebook ID to access and / or participate in the Contest.
  9. "Rules & Regulations" means these rules and regulations governing the Contest, as stated herein in entirety and as may be amended by ZEEL from time to time without prior notice and includes key rules accompanying the version of the Contest in the Application.
  10. “Term” shall mean the tenure of the Contest starting on 30th July 2022 and ending on 7th August 2022.
  11. "Unique Identifier" refers to the unique identification number assigned to the phone number/email ID/Facebook ID of a Registered User. An unregistered ZEE5 User is assigned a guest Unique Identifier for the purposes of the Contest.
  12. “User” shall mean any person who seeks to play the Contest and has registered itself on the Application for the Contest. Registration shall be completed upon the User providing all the registration data as may be required. However, the User does not have to compulsorily register itself on the Application.
  13. “Winner” shall mean 5 (five) lucky draw Winners of the Contest chosen randomly by ZEEL at its sole discretion, at the end of the Term of the Contest who shall be awarded with Gratification. 

1. ELIGIBILITY AND PARTICIPATION

  1. The Contest is made available in English exclusively the Application as accessible on the Devices.
  2. The Contest may work only in the territory of India and shall not be accessible from other territory(ies) across the world. The Gratification through the Contest shall be applicable only for Participant(s) who are eligible and playing in India on the Application. 
  3. To participate in the Contest, the User should (i) agree to enter and participate in the Contest in accordance with the Rules and Regulations as defined in this document (ii) play the Contest on the Application, (iii) be present in India and (iv) be of sound mind and health. The Participation in the Contest will be governed by the Indian Data Privacy requirements only. In case the Participant is below the age of 18 years; ZEEL shall assume a deemed acceptance of the Rules and Regulations by the parent and/or guardian of the Participant.

2. REGISTRATION

  1. ZEE5 Terms of Use and Privacy Policy available at https://www.zee5.com/termsofuse  and https://www.zee5.com/privacypolicy respectively shall apply in relation to the Participant’s registration on the Application and the Participant shall at all times be bound by the same.
  2. By Participating in the Contest, the Participant allows ZEEL to access and display personal information such as name, city location, photo for any kind of marketing activity. The city location (derived from the IP address) of the Participant may be displayed during the Contest.
  3. Prior to proceeding, the User agrees with the Rules and Regulations governing the Contest.
  4. All Users that participate in the Contest shall be deemed to have read and accepted the Terms and Conditions and the Privacy Policy updated from time to time.
  5. The phone number/email ID first used for registration/ login and through which the Participant plays in the Contest shall be the Unique Identifier for the respective Participant. The Points will not be transferable between Unique Identifiers, irrespective of Devices used for Contest.
  6. The Points shall accrue to the Unique Identifier linked to the Registered /un-registered User. The Participant will be able to login through multiple Devices using the same login phone number/email ID. However, the Points will be accrued and associated to one Unique Identifier only; the first response for registration captured on the Application servers shall be considered for Gratification.
  7. Registration is mandatory for the purposes of collecting Gratification but is not mandatory to play the Contest.
  8. Registering on the Application does not necessarily entitle the Participant(s) to be eligible to win the Gratification.

3. CHARGES 

  1. The Application download is free of cost, however, the viewing of the Application, live or otherwise, and access and play of the Contest shall consume data and may be subject to Application subscription packages. Therefore, the use of the Application and the Contest will result in the use and consumption of data for which data charges as charged by your internet/telecom operator may apply. 
  2. ZEEL will not and does not receive any monies and/or consideration from the internet/telecom operators and/or any third party, in connection with the data consumed by the Participant for playing the Contest.

4. CONTEST RULES

  1. The Participant(s) shall comment their favourite celebrity actor from the banners provided and state a creative reason to why they would like to meet their voted celebrity actor by the way of comments on social media platforms.
  2. The Participant(s) who post the most creative answers shall stand a chance to meet and greet the celebrity actor they voted for (physically or virtually) per sole discretion of ZEEL. 
  3. The Winners shall at all times be compliant of these Rules and Regulations. Upon participation, the Participant(s) are deemed to have been read these Rules and regulations along with Privacy Policy and Terms of Use.
  4. ZEEL reserves the right to randomly select the lucky Winners from the Participant(s) during the Term of the Contest at ZEEL’s sole discretion. Such decision of ZEEL shall be final and binding on all Participant(s) of the Contest. 
  5. The lucky Winners shall be announced on social media/ SMS and/or any other way at ZEEL’s sole discretion.

5. GRATIFICATION:

  1. All Participant(s) are eligible to win Gratification during the Contest. 
  2. ZEEL reserves the right to revise the Gratification and offer a substitute prize, at its sole discretion.
  3. On submission of the online form, the lucky Winner shall be contacted by a ZEE5 representative for verification and completion of the Gratification fulfilment process. ZEEL will make five call attempts per day for five working days on the submitted mobile number. The Winner will be contacted within reasonable time of submitting the form, between 9 am to 9 pm. ZEEL will not contact on any number other than an Indian mobile number. ZEEL is not responsible to validate correctness of the mobile number provided by the Participant(s).  
  4. For any queries/complaints or clarifications in relation to the redemption of the on the Application, the Participant is required to contact ZEEL at support.in@zee5.com
  5. By accepting the Rules & Regulations, the Participant(s) hereby agrees to comply with the Terms and Conditions of ZEEL.
  6. By agreeing to the Rules and Regulations, the Participant(s) agrees to be contacted at the number provided by him/her for purposes, including but not limited to, collection of KYC documents, validation for Winners determination, and such other details as may be deemed necessary by ZEEL.
  7. ZEEL reserves the right at its discretion to forfeit a Winner’s eligibility to win a Gratification in the following scenarios and proceed to contact the next eligible Participant for Gratification determination:
i. Failure to provide any documentation, proof or requested information, within the defined timelines
ii. Failure to access and submit the online form within defined timelines
iii. Any false/incorrect/misleading information provided by the Participant
iv. Any discrepancy is identified on KYC review including but not limited to PAN not belonging to said Participant
v. Failure to successfully contact the said Participant on the furnished contact details as per defined process
vi. Non-compliance to tax (direct and indirect) compliances required to claim the Prizes
vii. Failure to collect / claim the Prizes as per defined process and any other event not listed above
viii. Any Participant who breaches or is suspected to be in breach of the Rules & Regulations or any applicable law or if he/she is found to be misusing the Application or are engaged in illegal or fraudulent use of Application in any manner.

h) ZEEL will not permit or entertain any requests or claims to check / audit / challenge the logic of the factors relevant for determining lucky Winners.

6. GENERAL TERMS AND CONDITIONS

  1. ZEEL may, at its discretion, contact the Participant(s), if required, for any clarifications needed regarding the information provided by such Participant(s). To facilitate the prize fulfilment process, ZEEL has the right, at any time, to require proof of identity and/or eligibility from the Participant(s). Upon request from ZEEL, the Participant(s) may be required to furnish necessary supporting documentation, including but not limited to proof of age, address, name, photo identity and nationality.
  2. Failure to provide any proof or requested information which is not available on the Application, within the timelines as may be communicated by ZEEL to the Participant(s), could result in the Gratification being forfeited.
  3. All personal details and information requested by and submitted to ZEEL by the Participant(s) must be truthful, accurate and not misleading. ZEEL reserves the right to disqualify any Participant(s) from the Contest, at its sole discretion, should the Participant(s) at any stage submit false, inaccurate or misleading personal details and/or information. ZEEL also reserves the right to forfeit the Gratification in cases where a discrepancy is found to exist in the information furnished/provided by the winning Participant.
  4. All attempts will be made to protect the Participant(s) data along with the Points earned from loss and corruption, but in the event that such data loss happens, ZEEL may have to continue with whatever data is available, or in any other manner as it may deem reasonable.
  5. It is recommended that the Participant(s) maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform or any other website.
  6. In case a Winner and/or Winners are below 18 years of age, his/her guardian is eligible to collect the Gratification on his/her behalf, and shall be liable to furnish necessary supporting documentation as proof of relationship, age, address, name, photo identity and nationality to enable fulfilment of the prize. 
  7. ZEEL will have access to and collect Contest data. By participating in the Contest or accessing the gamification feed, the Participant(s) consent to the collection, storage, processing and the transfer of and sharing of the Contest data by ZEEL, in accordance with the terms of its Privacy Policy and which the Participant(s) confirms having read.

7. DISCLAIMER

  1. ZEEL is not responsible for the loss of any nature, and/or any physical injury and/or disability and/or disfigurement and/or mental trauma and/or death that may occur/ occurs to the participant, who has been considered as invalid and/or not selected and/or selected as a winner while participating in the Contest, in relation to the Contest and/ or Gratification.
  2. The interpretation and implementation of the Rules & Regulation shall be at the sole discretion of ZEEL. The decisions of ZEEL shall be final and binding, and not subject to challenge or appeal.
  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF INDIA, ZEE5 AND/OR CONTEST IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING ZEE5 TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, REGISTRATION, AND RESULTS OBTAINED FROM ZEE5. WITHOUT LIMITING THE FOREGOING PROVISIONS, ZEEL MAKES NO WARRANTY THAT ZEE5 WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE ZEE5 WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT ZEE5 AN BE BLOCKED OR MADE INOPERABLE AND ZEEL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE SAME. ZEE5 IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF ZEE5 NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). ZEEL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

8. OTHER TERMS AND CONDITIONS

  1. The Contest is meant for entertainment and recreational purposes only, and is not a bet, award or challenge or other form of formal event.
  2. Any loss or outrage or dissatisfaction suffered during playing the Contest by Participant(s) would not be the responsibility of ZEEL and/or its associates and affiliates, who will not be responsible to make good any such loss or dissatisfaction. Under no circumstances whatsoever, will the Participant(s) be entitled to claim any damages against ZEEL and/or its associates and affiliates including but not limited to general and special damages, consequential, pecuniary and non-pecuniary, liquidated, aggravated, exemplary damages, compensatory and non-compensatory, nominal and damages for loss of profit/ loss of opportunity.
  3. Other than the Device(s), the Contest will not be accessible on landscape mode, or through web browsers, and any third-party live TV streaming medium or any other operating systems/platforms on which the Application is available.
  4. ZEEL will endeavour to ensure that the integrity of the Contest is maintained at all times and will take reasonable steps in this regard. In the event ZEEL receives information that the integrity of the Contest has been compromised in any manner, including by using unfair or unlawful means, ZEEL reserves the right to take all actions, including suspending the Participant from the Contest, to protect itself, the Application and the Contest.
  5. By accepting the Rules & Regulations, the Participant agrees and authorizes ZEEL to use any information available and linked to his Unique Identifier (Phone number, Email) provided at the time of registration on the Application. The Participation in the Contest will be governed by the Indian Data Privacy requirements only.
  6. ZEEL will have access to and collect information and data related to the Participant’s and playing of the Contest by the Participant during Contest ("Contest Data"). The Participant consents to the use of this Contest Data by ZEEL for research and development for a better experience, including but not limited to understanding the functioning of the Contest, mapping general Participant behaviour in response to the features of the Contest, the improvement of the Application and the Contest in general, etc. By participating in the Contest, the Participants consent to the collection, storage, processing and the transfer of and sharing of the Contest Data by ZEEL, in accordance with its Privacy Policy. The Participation in the Contest will be governed by the Indian Data Privacy requirements only.
  7. None of the Participants shall, without the prior written approval of ZEEL, speak to the press or any other media or any third person, nor give any interviews or comments relating to any aspect of the Contest. The Participant shall not disclose any information whatsoever relating to ZEEL to any other party including screen shots of the Contest on social media websites. Violation of this clause shall immediately disqualify the Participant’s prospects of further participation.

9. INTELLECTUAL PROPERTY

  1. The Content on ZEE5 and the "ZEE5" word mark and the “ZEE5” design mark, as well as certain other of the names, logos, and materials displayed on or through ZEE5 that constitute trademarks, trade-names, service marks or logos ("Marks") are owned by or licensed to Zee Entertainment Enterprises Limited and are subject to copyright, trademark, and other intellectual property rights under Indian laws. You agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the ZEE5 or any portion of the ZEE5, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by ZEEL. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these Terms or as otherwise authorized in writing by ZEEL. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content.
  2. The Participant agrees that all intellectual property rights, title and interest in the user generated content published or generated on the Application by the Participant shall solely vest with ZEEL.

10. USER CONDUCT

  1. Participant(s) agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support ZEEL or ZEEL’s services.
  2. Participant(s) shall not attempt to gain unauthorized access to the user accounts, servers or networks connected to ZEEL services by any means other than the user interface provided by ZEEL, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the ZEEL’s services.
  3. Participant(s) shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

11. GENERAL RULES & REGULATIONS

  1. The Participant’s participation in the Contest shall be considered to be acceptance of all Rules & Regulations as set forth herein including the ZEE5 Privacy Policy.
  2. The Participant hereby represents that he/she is not under any contract, exclusive or otherwise, with any other third party/ agency or is not under any kind of disqualification or disability under law, to enter into an agreement with ZEEL or its associates and affiliates, as the case may be.
  3. The Participant shall undertake, warrant and guarantee to ZEEL that the Participant has the full legal capacity to participate in the Contest, in accordance with these Rules & Regulations.
  4. The Participant acknowledges that he/she has voluntarily chosen to participate in the Contest at his / her free-will and is willing to bear all risk, costs & consequences arising from such participation in the Contest.
  5. The Participant shall not have any claim against ZEEL and/or any of its associates and affiliates connected with the Contest. ZEEL, its associates and affiliates or vendors connected with the Contest shall not be responsible for any such eventuality and the Participant(s) shall not be entitled to claim any compensation from ZEEL.
  6. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, and/or the operation of the telephone system, internet system, or the validity of any question or answer options, the decision of ZEEL shall be final and binding on all Participant(s) and other persons. ZEEL is empowered to take a decision on any case or instances not covered by the present Rules & Regulations.
  7. ZEEL reserves the right to amend (add to, delete or modify) the Rules & Regulations prospectively or retrospectively, at its discretion and without prior approval in order to improve the Contest or remediate any issues that may occur. The Participant is requested to carefully read these Rules & Regulations from time to time before using the Application for participating in the Contest. It shall be the Participant’s responsibility to check these Rules & Regulations periodically for changes. 
  8. ZEEL has the sole right at any time/to alter/ amend/ withdraw/ replace/discontinue and/or terminate the Contest without any prior intimation or notice to the public and ZEEL is not obligated in any manner whatsoever to compensate any person(s) who have participated in the Contest.
  9. If the operation of the Contest is prevented by an event of force majeure or otherwise, ZEEL may cancel all or any part of the Contest or take such other decision as it deems fit.
  10. If any provision of these Rules & Regulations is held by any Court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Rules & Regulations and the remainder of the affected provisions shall continue to be valid. These Rules & Regulations and the Cotest shall be governed by and construed in accordance with the laws of India and the Participant(s) submit irrevocably to the jurisdiction of the Courts in Mumbai.
  11. ZEEL is empowered to take a decision on any case not covered by the present Rules & Regulations.
  12. ZEEL, its associates and affiliates will not be liable for any loss of earnings, employment or otherwise, caused to the Participant(s) and arising as a result of his/her participation in the Contest.
  13. The Participant(s) hereby agree to indemnify ZEEL, its associates and affiliates against any claims that might arise from his/her actions or omissions while participating in the Contest.
  14. The Participant hereby agrees and undertakes that, ZEEL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participant(s) in any manner whatsoever, in relation to the Contest.
  15. The only way to enter the Contest is through participation as described in these Rules & Regulations. Any person claiming that he/she can help get you access to the Contest for a consideration is defrauding you. Please contact your local police and report this person immediately.
  16. The Participant shall not have any ownership interest, license or other rights in the application for Contest or any right in Contest Intellectual Property therein, whether by license, implication, estoppel or otherwise.
  17. Subject to these Rules & Regulations, ZEEL hereby grants you a limited, non-exclusive, non-sub licensable and non-transferable license, limited to the territory of India, to use the Contest and the content solely for purposes of using the Contest and services provided therein. The Participant acknowledges and agrees that he/she shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from ZEEL or thirty party owners of such content.
  18. ZEEL in its sole discretion may suspend or terminate and/or block the Participant(s) from accessing all or any part the Application and/or any service provided therein if he/she breaches or is suspected to be in breach of the Rules & Regulations or any applicable law or if he/she is found to be misusing the Application or are engaged in illegal or fraudulent use of Application in any manner. Suspension or termination of the Participant’s account may result in loss or destruction of any information/data associated with such account.
  19. All these Rules and Regulations are specific to the Contest and do not supersede or substitute the Terms of Use and Privacy Policy of using the Application.
  20. Participant’s correspondence, transactions and usage of the services of ZEEL shall be subject to the Terms & Conditions, Rules & Regulations, policies and other service terms adopted/implemented by ZEEL, and the Participant(s) shall be solely responsible for reviewing the same prior to transacting or availing of the services of ZEEL. Participant agrees that ZEEL will not be responsible or liable for any loss or damage of any sort incurred because of any issues related to transactions. 
  21. In case of any queries, please write to support.in@zee5.com setting out your concerns/issues related to the Contest. All endeavours shall be made to reply to the queries within reasonable time on a best effort basis. However, the absence of a reply shall not be deemed to mean acceptance by ZEEL of any claims made in the query.


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