“Win a free Portfolio” : TERMS & CONDITIONS
I unconditionally agree and accept the terms and conditions applicable for participating in ‘Win a free Portfolio’ (“Contest”). I also confirm that before participating in the Contest, I had the opportunity to seek clarifications from Balaji Telefilms Ltd. (“Company”).
I. The terms and conditions of the Contest are stated as under:
- The Contest shall commence from May 26th, 2010 and shall end on December 31st, 2010 (Period)
- The Company is doing this online Contest a promotional activity, whereby the winners of the Contest would have the opportunity to have their portfolios done free by a photographer as chosen by the Company.
- Minimum Eligibility:
- The audition Contest is open to all individuals.
- Interested participant (“Applicant”) must not be an employee, shareholder, officer, Director, agent, or representative of the Company or any other person or entity connected with the Company (including, but not limited to, production personnel, advertising agencies, corporate sponsors or any person or entity connected with the production, administration or judging of the Contest, or any of their respective parent Company, affiliates, subsidiaries, agents or representatives) or be a member of the immediate family or living in the same household of any such person;
- The applicant must not have been convicted of a felony or any crime involving moral turpitude and does not currently have any outstanding warrants, arrests, etc.
- Each Applicant will have to register himself/herself for the Contest in accordance with the terms and conditions specified below:
- The Applicant will have to create a portfolio on www.Hoonur.com (“Website”) along with uploading a minimum of 1 (one) photograph.
- Existing users of the Website can also participate.
- Voting and selection of results:
- Applicants photograph shall be displayed on the Website.
- All users of the Website will be allowed to vote on the photo(s) of all the Applicants.
- On the basis of the votes received from the users of the Website, 10 (ten) Applicants shall be selected as winners of the Contest and would be eligible for the Contest prize as mentioned in clause I (2).
- The Company reserve their right in the process of selection of the Applicants and their decision regarding the same shall be final and binding. No dispute and/or further correspondence in this respect or in respect to the Contest and/or in any manner whatsoever shall be entertained.
- All and any other incidental costs direct and/or indirect, in connection with the Applicant(s) participating in the Contest, shall be borne by the Applicant(s) and in no manner whatsoever shall the Company, be responsible for the same.
II. General Rules
- The Applicant(s) should submit a valid age and nationality proof i.e. Passport/PAN Card/Ration Card, etc. as and when required by the Company.
- The Applicant(s) should not have criminal conviction or an arrangement or a contract that prevents the Applicant from participating in the Contest.
- The Applicants do not have any ongoing medical history or psychological problems.
- Incase the information provided by Applicant Applicant(s) is untrue, inaccurate, not current, or incomplete, in such event the Company reserve their right to disqualify such a Applicant Applicant(s) immediately without any notice. The Company at any given point of time shall not be liable and/or responsible in any manner whatsoever in relation to the information, views, etc. pertaining to the Applicant(s) or any other person who may have shown interest in the Applicant(s).
- Applicants must enter the Contest on their own behalf and entry (ies) by proxy will not be accepted.
- The Company may in their sole discretion exclude an Applicant from participation which may include without limitation (i) circumstances which, in Company view, renders the Applicant unfit to participate therein; (ii) found to be in violation of the rules or undertaking provided to the Company; (iii) inability to submit documentation specified by the Company proving the identity of the Applicant.
- By participating in the Contest, it shall be construed that the Applicant(s) have waived his/her right to raise any dispute with regard to the Contest and/or the opportunity of participation so offered to the Applicant(s).
- The Company reserve their rights to cancel/ postpone/ stop/ terminate make amendments to the existing Terms and Conditions of the Contest contained herein without prior notice or withdraw the Contest without giving prior notice in connection thereto and in its sole discretion.
- Non-conformance by any Applicant(s) of the rules of the Contest will disqualify them from participation, immediately.
- The Applicant(s) of the Contest 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 (“Promotional Activity“) of any nature whatsoever without any money payable to them. Further, the Applicant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Applicant(s) agree that by submitting the videos, photographs, footage or any other communications, by him/her on the website (“user submissions”), the Applicant(s) hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license and rights to use, reproduce, distribute such user submissions including without limitation for promoting and redistributing part or all of the website in any media formats and through any media channels. The Applicant(s) further agree that the rights in the user submissions of any nature with regard to the Applicant(s) shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.
- The Applicant(s) shall not be entitled for any prize or cash for the opportunity of participation. If the Applicant(s) refuses to accept the opportunity, the Company will be released from all obligations towards Applicant(s) in connection to the same. Further, after forfeiting the opportunity, Company shall be entitled to randomly select and declare another Applicant(s), as it deems fit, and give the opportunity to such Applicant(s).
- By participating in the contest, it shall be construed that the Applicant(s) has agreed that the Applicant(s) shall hold harmless the Company, its employees, officers or any other person in relation to any injury/ damage/ harm/ loss suffered by the Applicant(s) in any manner, whatsoever in connection with the Contest and that the Applicant(s) has waived all rights to file in person or through any family member or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Company to claim any damages or relief or otherwise. The Applicant(s) further agrees that he/she shall not hold the Company responsible for the foregoing.
- The Company is not responsible for any errors or omissions in the information provided herein or on the website or anywhere else. All information provided for the Contest is provided “as is” without warranty of any kind. The Company hereby does not make any representations and disclaim all express, implied, and statutory warranties of any kind to the Applicant and/or any third party including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
- The Applicant(s) agrees that if due to any reason, whatsoever, beyond the control of the Company, the Applicant (s) is not able to avail the opportunity of participation, the Company cannot be held responsible for the same.
- The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Applicant(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest.
- Participation of the Applicant(s) in the Contest shall be construed that the Applicant has waived his/her right to dispute any decision(s) made by the Company in connection to the Contest and that the Applicant(s) agrees to all the decision(s) made by the Company. All the decisions made by the Company shall be final and binding upon the Applicant(s).
- The Company reserves their right to forfeit the opportunity of participation if it is found by the Company that any information provided by the Applicant(s) is wrong or any misrepresentation is made by the Applicant(s). The Company shall have the right to select another Applicant(s) and give the opportunity to that person.
- All Applicant(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by the Company in their sole discretion to protect, perfect or enforce any of the rights granted or confirmed to the Company herein.
- The Applicants agree that they had all possible means to seek clarifications from the Company with regard to the Contest and/or the terms and conditions as contained herein. The participation of the Applicant(s) in the Contest shall mean that the Applicant(s) has read, understood, accepted and agrees to abide with all the rules including the general rules of the Contest.
- The Applicant(s) shall comply with the laws of India.
- The terms of this rules and regulations shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Contest shall be referred to a sole arbitrator appointed by the Company and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Applicant(s) who has raised the dispute.
- Subject to the provision of Clause 21, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.


