TERMS AND CONDITIONS

This activity of organizing / conducting polls and/or garnering views/comments from the viewers/participants (“Event”) is being conducted by ABP Network Pvt. Ltd. (“ABP”) having its registered office at 301, Boston House, Suren Road, Andheri (East), Mumbai- 400093 and its corporate office at FC-12, Film City, Sector 16A, Noida, Uttar Pradesh 201301, on the social media platforms/medium of ABP and shall be governed by these terms and conditions, (collectively, "Terms").

Participant acknowledges that the below mentioned Terms generally apply to the Events conducted by ABP, however in the event specific terms and conditions are published/ displayed, the participants are advised to refer to such specific terms and conditions which shall be binding.

Participant acknowledges that the personal information, including without limitation, the entrant's name, photo, social media post/comment, location, etc., will be used solely in connection with this Event and for any purpose for which the entrant specifically opts in and will not be disclosed to any third party except for any purpose for which the entrant specifically opts in. Any personal information held by ABP in respect of the Event will be held on record for a reasonable period to fulfill the purpose for which such personal information was collected. The participant understands and agrees that any personal information being provided hereunder is on account of his own free will and volition.

The participant hereby understands and gives his/her irrevocable consent for personal information relating to the participant to be exchanged with ABP and its vendors or published and/or communicated to/in any media that it may deem fit, and ABP or its Vendors may, at their sole discretion may choose to publish or disclose the name(s), photo, etc.

The Event will be hosted on the official social media platforms/handles of ABP:

1. ABP shall be entitled to modify these Terms, rules, regulations, and terms of use referred to herein or provided by ABP in relation to any ABP Services, at any time, by posting the same on ABP website/platform. Participation in the Event constitutes the User's acceptance of such terms and conditions, rules, regulations, and terms of use referred to herein or provided by ABP, as may be amended from time to time. ABP may, at its sole discretion, also notify the User of any change or modification in these terms and conditions, rules, regulations, and terms of use referred to herein or provided by ABP.

2. There is no participation fee or any other amount by whatever name called whatsoever for the Event and the Event is open to all Users above 18 years of age, subject to the terms and conditions hereinafter.

3. ABP reserves full right and authority to cancel / postpone / stop this Event at its sole discretion or change all or any part of terms and conditions that are applicable, without giving prior intimation of any kind and without being liable for any consequential losses/damages whatsoever.

4. ELIGIBILITY:  The Event is open to Indian Citizens (age limit – who have attained the age of Majority) residing within the geographical territory of India only. The following categories of persons are not eligible to enter the Event: employees of (including their immediate families) ABP and its respective divisions, affiliates, and any other company professionally connected with this Event. All entrants shall be responsible for ensuring that their participation does not contravene any local laws or regulations. This Event shall be void where prohibited or restricted by law. "Immediate family" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin. Participation by proxy is not permitted.

5. CONDITIONS OF PARTICIPATION: No purchase or payment of any consideration is necessary to participate in the Event. By participating in the Event, User agrees to be bound by these Terms and the decisions of ABP. Subject to the terms and conditions stipulated herein below, ABP, at its sole discretion, may disqualify any User from an Event, if the User engages in unfair conduct, which ABP deems to be improper, unfair or otherwise adverse to the operation of the Event or is in any way detrimental to other Users which includes, but is not limited to:

a.Falsifying one’s own personal information (including, but not limited to, name, email address, and/or any other information or documentation as may be requested by ABP to enter an Event.

b.Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter an Event. It is expressly clarified that the onus to prove otherwise shall solely lie with the User.

c.Colluding with any other User(s) or engaging in any type of syndicate play.

d.Any violation of Event rules or the Terms of Use;

e.Using automated means (including but not limited to harvesting bots, robots, parser, spiders, or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.

f.Tampering with the administration of an Event or trying to in any way tamper with the computer programs or any security measure associated with a Event.

g.Obtaining other Users’ information without their express consent and/or knowledge and/or spamming other Users (spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to ABP Users, sending unwarranted email content either to selected Users or in bulk); or

h.Abusing ABP in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of abuse)

It is clarified that in case a User is found to be in violation of the above, ABP reserves its right to initiate appropriate civil/criminal remedies as it may be advised from time to time.

6. A User may participate in the Event and avail of each Event only through one account. An existing user of ABP shall not register a new account or operate more than one user account with ABP or participate in an Event by registering a new account.

7. Users intending to participate in an Event may be required to verify their mobile number and other details in accordance with the Terms for such Event.

8. Users consent to receiving communications such as announcements, administrative messages and advertisements from ABP or any of its partners, licensors or associates.

9. Persons intending to participate in an Event, who have listed their phone numbers on the National Do Not Call Registry (“NDNC Registry”), shall de-register themselves from the NDNC Registry till the completion of such Event. Such persons agree not to make any claim or raise any complaint whatsoever against ABP in this respect. Please note that persons intending to participate in an Event who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against ABP if they do or do not receive any call or SMS with respect to their participation and all other matters pertaining to an Event.

The verification process may require you to submit personal information about yourself. You agree to receive communication from ABP. Any information collected in respect of your identity and contact details as part of an Event or otherwise in the course of your participation shall be subject to ABP’s Privacy Policy available at https://news.abplive.com/privacy-policy.

11.ABP may, at its sole and absolute discretion, disqualify any user from an Event if such User engages in or it is found that such user has engaged in any illegal, unlawful or improper conduct (with regard to any of the Event or otherwise).

User hereby agrees and undertakes not to hold ABP and/or or any of its group entities, parent company, subsidiaries, sister concerns or affiliates, their respective directors, officers, employees, agents, vendors, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either direct or remote that you may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of the present Event. For the sake of clarity, the Event has no such potential to cause the nature of liabilities described herein above and the same is highly unlikely.

13. ABP may, at its sole and absolute discretion:

a. Restrict, suspend, or terminate any User's access to all or any part of ABP or ABP platform services;

b. Change, suspend, or discontinue all or any part of the ABP platform services;

c. Reject, move, or remove any material that may be submitted by a User;

d. Move or remove any content that is available on ABP Platform;

e. Deactivate or delete a User's account and all related information and files on the account;

f. Establish general practices and limits concerning use of ABP platform;

g. Offer discounts to its users in form it deems fit.

h. Revise or make additions and/or deletions to the mode and manner of an Event.

i. Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)

14. In the event any User breaches, or ABP reasonably believes that such User has breached these Terms, or has illegally or improperly used ABP or the ABP services, ABP may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of ABP Event or the ABP platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on ABP and further, take technical and legal steps as it deems necessary.

15.Without limiting the foregoing, Users agree not to use ABP/it’s social media platforms/pages for any of the following:

a. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication.

b. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals.

c. To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content.

d. To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, ABP, any software, hardware, or telecommunications equipment.

e. To advertise, offer or sell any goods or services for any commercial purpose on ABP without the express written consent of ABP.

f. To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner.

g. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material.

h. To restrict or inhibit any other user from using and enjoying any public area within our sites.

i. To collect or store personal information about other Users.

j. To interfere with or disrupt ABP, servers, or networks.

k. To impersonate any person or entity, including, but not limited to, a representative of ABP, or falsely state or otherwise misrepresent User's affiliation with a person or entity.

l. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through ABP or to manipulate User's presence on ABP(s).

m. To take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

n. To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities only to send and receive messages and material that are proper and related to that particular forum.

o. To engage in any action that 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 cognisable offence or prevents investigation of any offence or is insulting other nation.

16. If a User chooses an username that, in ABP's considered opinion is obscene, indecent, abusive or that might subject ABP to public disparagement or scorn, as the case may be, ABP reserves the right, without prior notice to the User, to restrict usage of such names, which in ABP’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from ABP, deny such User access to ABP, or any combination of these options.

17. Unauthorized access to ABP is a breach of these Terms, and a violation of the law. Users agree not to access ABP by any means other than through the interface that is provided by ABP for use in accessing ABP. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that ABP has approved in advance and in writing.

18. ABP reserves the right to change/modify/or withdraw any of these Terms without any prior notice of the same at its sole discretion.

19. ABP does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants of the Events.

20. Notwithstanding anything contained herein, the aggregate liability of ABP to a participating user in relation to any Event for any reason whatsoever shall not exceed Rs. 100.

21. Comments of the participants including feedback and other communications of any kind shall be deemed to be non-confidential & will not be returned. ABP shall be free to reproduce, distribute and publicly display such feedback and event entries without limitations or obligation of any kind. ABP shall also be free to use any ideas, concepts, know-how or techniques contained in such feedback for any purpose. ABP reserves the right to analyze and summarize data that is collected by it and also reserves the right to publish, distribute, share summaries of the data collected with sponsors or other business partners without limitations or obligations of any kind.

22. ABP is fully committed to following laws related to the collection of data. The Users are required to provide ABP with the correct details about themselves and ABP will not be liable for any damages, whether direct or indirect.

23. ABP or its representatives, employees, directors, officers or agents, shall not be liable for any loss suffered or sustained, to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent on their part.

24. Upon participation from a User, it is presumed that you have understood and accepted these Terms. Each participant consents to the use of information supplied by the participant in any media for future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the participant, by ABP.

25. Any attempt by a participant to deliberately undermine the legitimate operation of the Event is a violation of the law and should such an attempt be made, ABP reserves the right to seek damages from any such participant to the fullest extent permitted by law.

26. Failure by ABP to enforce any of the Terms in any instance shall not be deemed to be a waiver of that Term and shall not give rise to any claim by any person. The decision of ABP shall at all times be binding and final.

27. ABP does not make any obligation or any commitment, express or implied to respond to any feedback, suggestion and/or queries of the participants.

28. This Event is being made purely on a “best endeavor” basis, participation of eligible participant is voluntary, and subject to acceptance of these Terms.

29. Each provision excluding or limiting liability is to be construed separately and will apply and survive even if for any reason any of the other provisions are held to be inapplicable or unenforceable in any circumstances. Each of the provisions excluding or limiting liability will remain in force notwithstanding any termination of these Terms.

30. These Terms shall prevail in the event of any inconsistency between these Terms and any advertising, publicity and other materials relating to or in connection with the Event.

31. THIRD PARTY SITES, SERVICES AND PRODUCTS: ABP may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. ABP does not exercise control over any internet sites apart from ABP and cannot be held responsible for any content residing in any third-party Internet site. ABP's inclusion of third-party content or links to third-party internet sites is not an endorsement by ABP of such third-party internet site.

32. RELEASE AND LIMITATIONS OF LIABILITY: Users shall access the ABP Services provided on ABP voluntarily and at their own risk. ABP shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the ABP Services (including participation in the Event).

33. By participating in the Event and accessing the ABP Services provided therein, Users hereby release from and agree to indemnify ABP, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the ABP Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.

34. ABP accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the Event.

35. Users shall be solely responsible for any consequences which may arise due to their access of ABP Services by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to ABP Services, including provision of incorrect address or other personal details. Users also undertake to indemnify ABP and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by ABP on account of such act on the part of the Users.

36. Users shall indemnify, defend, and hold ABP harmless from any third party/entity/organization claims arising from or related to such User's engagement with the ABP or participation in any Event. In no event shall ABP be liable to any User for acts or omissions arising out of or related to User's engagement with the ABP or his/her participation in any Event(s).

37. In consideration of ABP allowing Users to access the ABP Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against ABP, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of ABP Services or related to the Contests or the prizes of the Contests.

38. DISCLAIMERS:

a.To the extent permitted under law, neither ABP nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.

b.To the extent permitted under law, ABP shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, ABP services or sites, cancellation of competition and prizes. ABP disclaims any responsibility for, and if a User pays for access to one of ABP's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by ABP's maintenance on the servers or the technology that underlies our sites, failures of ABP's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, ABP does not provide any warranty as to the content on the ABP(s). ABP(s) content is distributed on an "as is, as available" basis.

c.Any material accessed, downloaded or otherwise obtained through ABP is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.

d.ABP shall make best endeavours to ensure that the ABP(s) is error-free and secure, however, neither ABP nor any of its partners, licensors or associates makes any warranty that:

i.the ABP(s) will meet Users' requirements,

ii.ABP(s) will be uninterrupted, timely, secure, or error free

iii.the results that may be obtained from the use of ABP(s) will be accurate or reliable; and

iv.the quality of any products, ABP Services, information, or other material that Users purchase or obtain through ABP platforms will meet Users' expectations.

e.In case ABP discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, ABP reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, ABP agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.

f.To the extent permitted under law, neither ABP nor its partners, 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 our sites, even if we have been advised of the possibility of such damages.

g.Any ABP Services, events or Event(s) being hosted or provided, or intended to be hosted on ABP platform/social media handles of ABP and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant ABP Services or are hosted or provided.

h.To the extent permitted under law, in the event of suspension or closure of any Services, Event(s), Users (including participants) shall not be entitled to make any demands, claims, on any nature whatsoever.

39. Any grievance in respect to the Event and/or these terms and/or any dispute should first be raised and/or addressed to shishupalk@abpnetwork.com. Only if the same is unresolved for a period of 30 days from raising such dispute, can the User opt for arbitration as stated below.

40. The event shall be governed by and construed in accordance with the laws of India. Any disputes, differences and, or, any other matters in relation to and arising out of the event and, or, pertaining to the rules and regulations and, or, the Terms and Conditions shall be referred to arbitration under the Arbitration & Conciliation Act, 1996 as amended from time to time. The arbitral tribunal shall consist of a sole arbitrator to be appointed by ABP. The seat and venue of arbitration shall be New Delhi.

41. The Terms & Conditions are subject to Indian Law and the exclusive jurisdiction of the Courts in New Delhi.

42. Each entrant agrees that he/she has read and understood these Terms and by their participation in the Event, each entrant agrees to be bound by the Terms and the act of participation shall tantamount to having read, understood and having agreed to terms and conditions enumerated hereinabove and would be an express consent to provide all necessary information and details sought solely for the purpose of conducting the event.