TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE TALKIES KATHAYAN

 

 

By means of these terms and condition set forth herein (hereinafter referred to as Terms and Conditions), Zee Entertainment Enterprises Limited (hereinafter referred to as Company) is conducting a promotional activity / platform for Screenplay writers to showcase their talent of writing screenplay. The writers needs to share their story and screenplay with us through prescribed mediums in the contest named Talkies Kathayan, which is an initiative by 'Zee Talkies' channel which brings/provides a platform to the aspiring screenplay writers to showcase his/her best content ideas for Satellite TV/Ground TV / films / digital / live - movie by way of submission of contest for screenplay writers and this would be promoted as Talkies Kathayan. The writers needs to share their story, and screenplay script through prescribed mediums. The Company is providing an opportunity to the interested participant (hereinafter referred to as Participant) to submit their entries on the Company's email id: talkieskathayan@zee.com (hereinafter referred to as Entry Platforms) and get a chance to showcase their talents in their respective fields of screenplay writing and to win prizes in different categories (as defined hereunder) (hereinafter referred to as 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 the participate (to participate) in the Activity, each Participant shall be required to follow the mechanism defined herein under :

 

(i)             make himself/herself to participate through designated platforms via email during the Activity Period.

(ii)            register themselves by submitting their entries via email, along with their personal details more particularly being

(a) name

(b) surname

(c) Age,

(d) City /Town,

(c) email id and

(e) mobile number /alternate contact number

(iii)          Modalities:

 

STEP 1

'Entry Submission' process will be initiated from 15th August, 2024 promotion for the same will be initiated via on-air and digital channels which will continue till the end of step 2.

 

STEP 2

Participants needs to submit the story (not more than 2000 words) along with a detailed screenplay story by 15th October'2024 in PDF format on the contest Email address talkieskathayan@zee.com. It is made abundantly clear that the Story and screenplay need to be in Marathi along with Genre as specified under this terms and conditions. This to mention here that a participant can submit multiple entries.

 

STEP 3

Internal team will go through each story & screenplay and post primary checking, it will be shared with an external jury. External jury will select final 5 winners of the contest by 10th January'2025.

STEP 4

1st and 2nd winning entries will get INR 3,00,000/- Lacs and INR 2,00,000/- Lacs respectively while 3 consolation prize winners will get INR 50,000/- each.

 

Winners

Amount in Rupees

1st Winner

INR 3,00,000/-

2nd Winner

INR 2,00,000/-

3rd Winner

INR 50,000/-

4th Winner

INR 50,000/-

5th Winner

INR 50,000/-

 

 

 

 

 

 

 

 

 

The Participant Winners agree and acknowledge that the winning Screenplays shall not be pitched to any other company for 2 years from the date of winning, and the Company shall be at liberty to use/exploit the Screenplays for its purposes while giving writing credit to the winner. In an event the Company fails to use/exploit such Screenplays within 2 years, the Winners shall be at liberty to use the same. -

 

 

2.        Entry shall be accepted from 12 am IST on 15th August, 2024 and continue till _11:59:59 IST on 15th October, 2024 (hereinafter referred to as Entry Period/ Activity Period). Entries can be accepted from current date till _15th October, 2024_

 

3.        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 Talkies Kathayan and (including Mumbai), 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.

 

4.        It is further clarified that the details of the Entry may be publicized on the Company's FB/Insta/Twitter page being https://www.instagram.com/zeetalkies and Facebook page being https://facebook.com/zeetalkiesofficial/_( hereinafter referred to as Platform) owned or operated by the Company and /or any other platform/medium other than the Entry Platforms.

 

5.        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 (in the specified format) and visible on the Entry Platforms.

 

6.        For the purposes of the Activity, a complete and valid Entry will constitute of

 

(i) logging onto the Entry Platform;

(ii) registering themselves by sending email to talkieskathayan@zee.com. and

(iii) 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.

 

7.        Each Participant shall be allowed to submit multiple Entries 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.

 

8.        The Participants shall ensure that the Entry submitted is decent, in compliance with applicable laws, and is free of all and any liens, claims or encumbrances whatsoever 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 and/or moral right of a third person . and/or shall not be copied, wholly or in part from any other work / or based upon any other work. and shall not infringe or violate any copyright, or any other right, of any nature, of any third person and the 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, libelous,, slanderous, pornographic, paedophilic, 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 whatever;

(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, defence, 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.

(j) will violate or infringe including but not limited to any trade-mark, trade-name, copyright, patent, registered design, title, literary, performance, merchandizing, artistic, property, privacy statutory rights, common law rights and personal rights etc. of any person, firm, corporation, association or entity whatsoever and/or any other right of any person and that neither any part of the Entry including but not limited to literary, dramatic and/or attract contempt of court and/or breach of contract and/or breach of privilege, violation of any provisions of the statute, nor hurt the sentiments of any religious group/s and/or breach or be against any declared public policy of any nation or state

For avoidance of doubt, the Participant(s) agrees that the Company in addition to the rights and remedies available to the Company under the laws of the land has the right to remove any such material/Post which may not be in consonance with applicable law.

In event, any claims are raised against the Company due to use of such Entry by the Participant, the Participant shall indemnify the Company and shall ensure to resolve all such claims at its sole cost and expense, without any recourse from the Company in any manner whatsoever.

 

9.        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.

 

10.     At the end of the Activity Period, on the basis of the Participant(s) having made a valid Entry on Entry Platform(s), the Company at its sole discretion shall select as many numbers of Participants with the best creative ideas for (this will be a movie, which may have theatrical or satellite release) 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 (hereinafter referred to as 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 and the Participant waives all his / her rights in this regard. 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.

 

11.     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. It has been made abundantly clear to the Participant that under no circumstances participation in the promotional activity / mere submitting an Entry on the Entry Platform entitles the Participant to win any award and/or confirms his/her elevation in the next round / next stage of the promotional activity and such decisions are solely based upon the discretions of Judges, Special Judges and/or any other person as may be deem fit and proper by the Company from time to time in its absolute discretion during the subsistence of this promotional activity. 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 at its absolute discretion, however only the winners will be entitled to receive the certificate(s).. For the sake of clarity, it is made abundantly clear to the Participants that mere submitting an Entry on the Entry Platform does not entitle the Participant(s) to receive the certification.

 

12.     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 (hereinafter referred to as 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 email id.

 

13.     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 the Participant is un-reachable, due to which the Company is unable to intimate the Participant.

14.     In case the shortlisted candidates reverts to the Company in a manner as said forth in Clause I (13) above, the Participant shall be required to adhere to the verification process of the Company which inter alia shall include sharing

 

(i) the personal information (PI) of theParticipant 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., Adhaar card, cancelled cheque of the active savings bank account, pan card, driving license, passport, election card, electricity bill, ration card). The above referred activity is only allowed to the Indian nationals who are residing in India only. (hereinafter referred to as 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 Participant 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 Participant , the Company shall verify the necessary PI and the Documents at its end.

 

15.     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 Participant about the selection as for the main Activity.

 

16.     The certificate given to the shortlisted Participant by the Company is non-transferrable and non-exchangeable. Each shortlisted candidates agree and undertakes that no cash equivalent or alternative / opportunity will be given to the shortlisted Participant and theParticipant cannot exchange the opportunity given for any kind of gift with value. Further, the opportunity given to each shortlisted Participant s is personal in nature, hence the shortlisted candidates cannot transfer the opportunity to any other person and that he/she shall not appoint any person as its proxy/replacement to fulfil the obligations as undertaken herein.

 

17.     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 Participant 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.

 

18.     Employees and / or members of their immediate family of the company and their group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the activity.

 

19.     The Company may in its sole discretion exclude a Participant from participation in the program, including without limitation for the following reasons:

 

(i)             circumstances which, in the Company's view, renders the Participant unfit to participate therein;

(ii)            inability to produce documentation specified by the Company proving the identity of the Participant.

(iii)          Dishonest practice adopted by the Participant

(iv)          non-confirmation to comply with the rules and regulations as specified herein by the Participant

(v)            if the Participant has acted in any manner be detrimental to the reputation of ZEE

(vi)          for any other reason as the Company may deem fit and proper in its absolute discretion

 

 

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

21.     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 to the .

 

22.     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.

 

23.     The Participant states and declares that he / she shall not commit any act which might prejudice or damage the reputation of Zee Talkies.

 

24.     Further, except for incidental, non-derogatory references, the Participant will not grant or publish any interviews, news articles, or issue any other kind of publicity concerning the Participant's participation in relation to this promotional activity without the Company's prior written consent in each instance.

 

25.     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 and the Participant represents that he/she has agreed to voluntarily participate in this promotional activity without any compulsion and coercion after understanding these Terms and Conditions, including the General Terms and Conditions stated below.

 

26.     The Company in its absolute discretion reserves the right to add, alter, modify, change or vary all or any of these Terms and Conditions, wholly or in part, at anytime at its absolute discretion without giving any prior notice and without assigning any reason whatsoever and the participant/winner agrees to abide by such additions, alterations, modifications and changes.

 

 

 

II.          GENERAL TERMS AND CONDITIONS

 

 

 

1.        Age limit for the participation is 18 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.        The Participants 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 and the Participant shall not indulge in any kind of acts of deviation to such Terms and Conditions and will always agree and adhere to such modifications without raising any objection for any reason whatsoever.

 

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

 

5.        The Participant represents and warrants that he/she is free to enter into this Agreement and that he/she is the sole, absolute, unencumbered legal and beneficial owner of all rights granted to the Company in respect of the Entry submitted by him/her under this Terms and Conditions, and that the Participant is not under any disability, restriction or prohibition, legal or otherwise, which might prevent him/her from performing or observing any of the obligations provided in this Terms and Conditions. The Participant further represents that he/she is competent and suffers from no disqualification under the laws of India

 

6.        The Participant undertakes not to indulge in any activity or participate in any transaction or a promotional activity which is intended to or is reasonably likely to jeopardize, restrict, or diminish the completion or marketability of this promotional activity or is likely to adversely affect this a promotional activity.

 

7.        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 .

 

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

 

9.        The 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).

 

10.     The Participant acknowledges that he/she has voluntarily chosen to participate in the Activity out of his / her own accord / 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.

 

11.     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.

 

12.     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.

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

 

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

 

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 (hereinafter referred to as 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. The Company, as first and exclusive owner, shall have the sole and exclusive right to exercise all rights comprised in copyright in the stories of the participation in the Promotional Activity. The Participant further specifically assigns to the Company any and all right, title, interest in any Performer Rights relating to the entries submitted by him/her and all other rights of any nature whatsoever including but not limited to the right to broadcast or communicate such Entries to the public; reproduce the Entries to feature in any audio and audio video content, by the Company and/or its assignee, or for unrestricted commercial use, issue copies of the

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

 

16.     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 the 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.

 

17.     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)/ . The Participant further agree to indemnify and hold the Company harmless from and against any and all claims, threats, suits, penalties, liabilities, damages, costs and disbursements incurred, suffered or expended by or threatened against the Company by reasons of or arising out of any claim pursuant to any event or action arising out of his/her non-conformity to the rules, regulations or laws of the land or of the instructions and guidelines given by the persons authorized by the Company.

 

 

 

 

 

 

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 Mumbai to the complete exclusion of all other courts.

 

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

 

7.     The Company reserves the right to cancel or discontinue or terminate this promotion at any time or to accept or reject any or all entries at its absolute discretion without giving any prior notice and without assigning any reason whatsoever.

 

8.     This promotional activity is open only to Indian Nationals residing in India.

 

9.     The decision of the Company will be final and binding with regard to any dispute arising out of this promotion and is non-contestable

 

10.   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.

 

11.   Other conditions apply.