TERMS AND CONDITIONS FOR ‘HAR GHAR MEIN CREATOR’ CONTEST
This contest, being organised by QYou Media India Pvt. Ltd. (“QYou”), is set up for participants to have the opportunity for their Joke or Viral Video (as defined below) to be aired on either the ‘Pakau Panti with Goti and Dhoti’ audio-visual program (“Show 1”) or ‘Viral Huva Re’ audio-visual program (“Show 2”) on any of QYou’s digital or satellite platforms including but not limited to its channel ‘Q Tv’ (“Contest(s)”). If you wish to participate in the Contest, you agree to adhere to and be unconditionally bound by the following terms and conditions:
- The Contest shall have Two Entries:
- Entry 1: Share your jokes, and get featured on Pakau Panti Show
- Entry 2: Send Funny Viral Videos and get featured on Viral Hua Re Show
- The Contest shall commence on September 7, 2023, and shall end within a period of 90 (ninety) days from September 7, 2023, or such other period as shall be communicated by QYou.
- During the Contest period, participants shall provide the following depending on whether they want to participate in Option 1 or Option 2 or both:
- Option 1:
- Participants shall share an original joke that they have independently come up with (“Joke”) on QTV’s WhatsApp number: +91 8550900070
- Along with the Joke, each participant shall also share their name, address and a current photograph.
- The Joke can be shared as a text.
- Participants will consent to the use of their name, address and photograph by QYou on the QYou platforms in the event their Joke is selected, and shall consent for the storage of such data by QYou.
- Participants shall consent to QYou being granted an exclusive license by the Participants in and to the Joke, for QYou to broadcast the Joke on its Platforms with no payment due from QYou to the Participants.
- Option 2:
- Participants shall share an original viral video that they have independently developed and created (“Viral Video”) on QTV’s WhatsApp number: +91 8550900070
- Along with the Viral Video, each participant shall also share their name, address and current photograph.
- The Viral Video to be shared shall be less than 5 MB.
- Participants will consent to the use of their name, address and photograph by QYou on the QYou platforms in the event their Viral Video is selected, and shall consent for the storage of such data by QYou.
- Participants shall consent to QYou being granted an exclusive license by the Participants in and to the Viral Video, for QYou to broadcast the Viral Video on its Platforms with no payment due from QYou to the Participants.
- There is no entry fee to participate in the Contest.
- Upon QYou receiving the Jokes / Viral Videos in the manner stated above, QYou shall review all Jokes and Viral Videos that have been submitted by the participants during the Contest period and QYou shall select, as per its sole discretion the Jokes /Viral Videos that it will broadcast / air on the QYou platforms.
- The selected Jokes shall be broadcast on Show 1 along with the participant details and the selected Viral Videos shall be broadcast on Show 2 along with the participant details. QYou holds no responsibility to contact the selected participants, and is entitled to directly air the submitted Jokes and Viral Videos.
- In the event QYou requires any of the participants to be available for any promotional / marketing activities, the same shall be as mutually agreed between QYou and such participant.
- Any Indian resident over the age of 18 years can participate in this Contest. In case the Indian residents who wish to participate are below the age of 18 years, then participation by such children in the Contest is assumed to be with the express consent of the parents or legal guardians of such child and QYou shall not be liable to further request any evidence of such consent on behalf of the parents. In such cases, the parents / legal guardians shall also be bound by the terms and conditions herein.
- Your personal data collected by QYou shall be used by QYou in accordance with the applicable laws of India and you hereby agree that you have no objections or claims against QYou for use of your data/attributes like name, photographs, biographic materials etc., on any Modes, Media, Formats for the purposes of the Contest.
- You understand that QYou is under no obligation to examine or review your Jokes / Viral Videos or otherwise engage you for any services/performance/role on any audio-visual programs of QYou.
- All decisions shall be at QYou’s sole discretion and are final in all matters relating to the Contest. QYou reserves the right to disqualify any entrant and/or participant at its absolute discretion, without notice, and you shall not have any objection to such decision. In the event of any dispute regarding these Terms and Conditions and/or the results thereof and all other matters relating to the Contest, QYou’s decision shall be final, and no correspondence or discussions shall be entertained by QYou.
- QYou is not liable and/or accept no responsibility for entries that are delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason.
- You agree to provide true and correct information, which does not give the wrong impression, or which impersonates any other person in any manner whatsoever and also undertake to revise and update the information in a timely manner, if required.
- QYou shall not be responsible for any loss or damage suffered by the participants/Winning Contestants while participating in the Contest.
- This Contest is subject to events of force majeure i.e. an Act of God or any such circumstances beyond the control of QYou that hinders its ability to host such Contest.
- QYou, in its absolute discretion reserves the right at any time, without giving any prior notice to the participants, to add, alter, modify, change or vary all or any of these Terms and Conditions, wholly or in part, or to withdraw the Contest.
- Employees of QYou and its affiliates/subsidiaries, associated agencies, participating operators and their immediate family members and relatives are not eligible to participate in this Contest.
- You understand and agree that you have read the Terms and Conditions before participating and that you are entering into this Contest voluntarily.
- Notwithstanding anything to the contrary contained herein, QYou shall in no manner be liable to you, for any loss or prospective profits or any other indirect, consequential, special, incidental, punitive or other exemplary losses or damages, whether in tort, contract or otherwise suffered by you with respect to the Contest.
Ownership and/or exploitation of User Content:
- By submitting the Joke(s) / Viral Video(s) (collectively the “Works”) as part of the Contest to QYou and in consideration of you having the opportunity to participate in the Contest, you expressly agree and understand that all the intellectual property rights in the Works (including the right to use, publicize, broadcast or otherwise disclose your name, character, likeness, statements or any recording of your voice as part of the Works) shall be solely, absolutely, irrevocably and unconditionally owned and/or exploited by QYou throughout the world in perpetuity on all modes, media, formats and platforms now know or commercially used or devised in the future (“Modes, Media, Formats”). You shall be required to execute any and all documents in such manner and at such location as required by QYou to protect, perfect, confirm or enforce the existence of the preceding and to effectuate its purpose to convey all rights in the Work(s) to QYou and/or QYou’s assignees, including without limitation any exploitation on Modes, Media, Formats developed in the future.
- You hereby assign, on a sole and exclusive basis, the right to use the Work(s), in any media for brand, products, business or any other objective of QYou in any Modes, Media and Formats, as deemed appropriate by QYou.
- You acknowledge that QYou shall not be liable to make any monetary payments to you in relation to the Work(s) or your participation/winning of the Contest. You shall have no objection towards us displaying or not displaying the Work(s) on any Modes, Media, Formats. QYou will not require any further consent or approval from you for use of the Work(s) on any Modes, Media, Formats. Any proceeds or revenue earned by exploitation of the Work(s) shall solely vest with QYou and you shall not have any claim against QYou for any such revenue/payments.
- You agree and understand that you shall at no time have the right to exploit the Work(s) in any manner or on any Modes, Media, Formats. You shall however have the limited right to repost/share the Work(s) that QYou may upload on any platform on your personal social media handles, which shall be subject to the terms and conditions of each platform.
- QYou shall have no confidentiality obligations in relation to the Work(s) at any time whatsoever. You acknowledge that once the Work(s) are exploited on any Modes, Media, Format, it will be in public domain. You must, at all times, refrain from disclosing or posting any personal information such as your contact details, financial information, credit or debit card details, email addresses in your Work(s). QYou shall not be responsible for any misuse of such personal information. You agree and acknowledge that QYou may retain and disclose your information if QYou is required to do so by law or if QYou believes in good faith that such access, preservation or disclosure is reasonably necessary for any reason that QYou deem fit.
- You agree and undertake that the Work(s) shall not violate or be detrimental to the rights and interests of any other persons and shall not be unauthorised or illegal actions in any manner whatsoever.
Your representations, warranties and other covenants:
- You agree that the Joke(s) / Viral Video(s) and all underlying works (including but not limited to any music compositions / sound recordings, literary or artistic works, etc.) shall be original and do not infringe the intellectual property rights, privacy or any other right of any person (whether living or dead), firm or corporation (including any intellectual property rights), nor constitute a libel or slander, nor violate any common law rights or any other rights. You agree that all consents, licenses, permissions, NOCs, etc. with respect to the Joke(s) / Viral Video(s) have been procured by you and QYou does not require any further consents, permissions, etc. to air / broadcast the Joke(s) / Viral Video(s) on the Shows.
- You agree that you shall not act in any manner which will be prejudicial to or detrimental to the Contest or any other person or generally the public at large by engaging in illegal, inappropriate, unauthorised activities of any manner whatsoever including activities, tactics which may be insulting, offensive, defamatory, slanderous, libellous, vilifying, cause a threat to life or property or intruding the privacy of any other person. Any such prejudicial, detrimental or unauthorised activity shall give us the right to immediately terminate your place in the Contest, without having any impact on our ownership in the Work(s).
- You acknowledge and agree that QYou shall not be responsible for any inherent risks of using your Work(s) on the worldwide web or internet generally including phishing, hacking, corruption of data, piracy and the like.
Governing Law and Jurisdiction
- You agree that the Contest and Terms and Conditions will be governed by the laws of India and will subject to the exclusive jurisdiction of the competent courts of Mumbai. No associations, unions or guilds shall have any jurisdiction in relation to the same.