General Terms and Conditions
By participating in the competition and by submitting photos and videos to www.indiais.org
1. BINDING AGREEMENT
1.1. By entering this competition and submitting photosand/or videos (“Entry(ies)”), I agree to comply with and abide by the Rules which form a binding agreement between me and ‘NMRT Partners Communications & Consultancy LLP’ and 'The Public Diplomacy Division' of the Govt. of India (the “Organizers”).
2. ELIGIBILITY AND ENTRY REQUIREMENTS
2.1. The competition is open to the public above 18 years of age. All are free to enter and submit their Entries. No payment and/or purchase is necessary to submit an Entry to this competition.
2.2. I agree to comply with and be bound by the Rules and the ‘Rules for Submission’, as mentioned below, and further agree that all the decisions made by the ‘Judges/Jury’ and the Organizers are final and binding on me on all matters relating to the competition.
2.3. I hereby agree and undertake to produce and/or submit the negatives, original files, reels and/or any format, physical or electronic, in which I have recorded the Entry. I agree and understand that failure to produce and/or submit the negatives/originals/formats in which the Entry is recorded/stores may result in disqualification from the competition.
2.4. The person submitting the Entry will be considered to be the entrant/contestant and will be the only person eligible to compete for the prize. Duplicate accounts of the same person and/or duplicate Entries of the same content may result in the disqualification of the Entry and/or content and/or the person and/or the account.
2.5. The following individuals are not eligible to enter the competition: employees, consultants, directors, representatives and officers of the Organizers and the competition partnersand platform sponsors and their families, participating individuals and organizations, the Indian government, contractors of the Indian government, or distribution agencies, web design agencies, advertising agencies, fulfillment agencies, as well as judging and competition agencies, involved in the administration, development, fulfillment and execution of this competition, and the immediate family members (spouse, recognized partner, parent, child, sibling and spouse or “step” of each) and those living in the same households of each such individual are also not eligible to participate in this competition.
2.6. By submitting an Entry to this competition, I hereby agree that I comply with the above eligibility requirements. The Organizers reserve the right to verify the same and/or ask for proof of the same.
3. COMPETITION PERIOD
3.1. The competition begins at 10:00:00 am, Indian Standard Time (IST) in India on September 15, 2012 and ends at 11:59:59 pm, Indian Standard Times (IST) in India on November 15, 2012 (“Competition Period”).
3.2. Entries submitted before or after the Competition Period will not be taken into consideration by the ‘Jury’.
3.3. The Organizers reserve the right to change, alter, extend or adjust the Competition Period, which will be mentioned on www.indiais.org
4. RULES FOR SUBMISSION
4.1. The rules for submission of photos for the photo competition are as mentioned here.
4.2. I hereby agree not to upload, submit, post, transmit, transfer, distribute or facilitate distribution of any Entries or content or otherwise use www.indiais.org
in a way that:
- Disparages the Organizers or its competitors or India in any manner.
- Depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art etc.
- Incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence.
- Misrepresents the source of anything you post or upload, including impersonation of another individual or entity.
- Provides or creates links to external sites that violate any third party rights.
- Includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless I own or control the rights thereto or have received all necessary consents.
- Is intended to harmor exploit minors in any way.
- Is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years of age), including, but not limited to: name, email address, home address, phone number, or the name of their school etc.
- Invades anyone's privacy by attempting to collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and willing consent.
- Is illegal or violates any applicable local or national laws; including but not limited to child pornography, bestiality, incest, illegal drugs, software piracy, and harassment.
- Threatens, stalks, defames, defrauds, degrades, victimizes or intimidates an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incites or encourages anyone else to do so.
- Harms or disrupts, or intends to harm or disrupt, another user's computer or would allow you or others to illegally access software or bypass security on web sites, or servers, including but not limited to spamming.
- Promotes or otherwise facilitates the purchase and sale of ammunition or firearms.
- Contains or could be considered 'junk mail', 'spam' or unsolicited commercial advertisement.
- Contains any matter or constitutes a violation of any applicable civil or criminal law, is a criminal offence or gives rise to civil/criminal liability.
- Contains or constitutes unauthorized use of third party content.
4.3. I hereby agree and undertake to disclose use of all third party content, if any, along with the identity, exact content which is being used, duration, purpose and manner of use of such third party content and the permissionincluding releases obtained from such third party, at the time of submitting the Entry.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. I hereby authorize the Organizers, partnersand the sponsors, to use the photograph uploaded as an Entry in the competition and for any other promotions, advertisements, events, publications, whether for commercial use or otherwise, anywhere in the world. I hereby authorize and permit the Organizers, partners and the sponsors to reproduce, modify, rearrange, alter, adapt the Entries to make it fit for use, in any format/form/media/medium now known or discovered in future, in any manner whatsoever without need for notice, compensation, consideration or approval.
5.2. I agree and understand that any use of the Entries uploaded by me maybe used by the Organizers, partners and sponsors, subject to credit being given to me in a suitable manner. The manner in which the credit is displayed with be at the sole discretion of such Organizer, partner or sponsor. However, any failure to display such credit line shall not be deemed to be a breach of the Rules by the Organizers, partners or sponsors provided that such Organizer, partner or sponsor shall take reasonable endeavors to rectify such failure, if possible, within a reasonable period from the date of notice of such failure.
5.3. I hereby agree that, by submitting an Entry to this competition, I hereby grant to the Organizers, sponsors and partners an exclusive, irrevocable, perpetual, worldwide and royalty freeright in the content submitted by me. I hereby agree and undertake to,at any and all times, upon request, to make, execute and deliver without charge, any and all such other instruments as maybe necessary or desirable for the purpose of giving full force and effect to the Rules and the provisions thereunder.
5.4. I agree not to use the name, likeness, personality traits, image, photographs or physical characteristics of any person or third party copyrighted/owned content in my Entry without first obtaining a release form from the concerned person.
5.5. I agree and understand that the Organizers, sponsors or partners shall not be liable or responsible for any misuse of the Entryby any third party.
6. HOW TO ENTER THE COMPETITION
6.1. To enter the competition, please click here
and follow the instructions carefully. Entries received through any other means will not be eligible for the competition.
6.2. All Entries must comply with the Rules and the ‘Rules for Submission’
. In the event of non-compliance, the Organizers reserve the right to disqualify the Entry and the respective entrant and/or the IP Address from which the submission has been made, from the competition.
7.1. All Entries will be evaluated and judged as mentioned here
7.2. The Organizers reserve the right to unilaterally change the judging method and criteria at its sole discretion without prior intimation to the entrants. Any changes in judging method and criteria will be mentioned on www.indiais.org.
7.3. While the Organizers, its agents, Sponsors and/or the panel of judges shall endeavor to review all the Entries, they may not be able to view all Entries submitted during the Competition Period.
7.4. Each finalist/winner maybe required to sign a declaration of eligibility and compliance with the Rules and any other information as maybe required by the Organizers in respect of the Entries and the entrant.
7.5. The decision of the Organizers shall be final and binding on the entrants. No questions, negotiation or requests will be entertained in respect of the decision.
8.1. The prizes for the competition are as mentioned here
8.2. The decision of the Organizers shall be final and binding on the competition winners.
8.3. The Organizers reserve the right to alter, modify or change the prizes.
8.4. The prizes cannot be altered, modified, exchanged, substituted or redeemed for cash.
8.5. The Organizers, partners and/or the prize sponsors are not liable or responsible in any manner whatsoever for the quality, guarantee, merchantability, representation or warranty, whether implied or otherwise, as to the fitness of the prize, its value, enjoyment, condition, quality or fitness for any purpose. The prizes are awarded on an ‘as is’ basis and the Organizers, partners and/or the prize sponsors shall not be held liable in any manner whatsoever for any of the above.
8.6. In the event that a breach of the Rules has been discovered after the judging and the award of prizes, the Organizers will request the return of the prize and will chose another winner.
9. REPRESENTATION AND WARRANTY
9.1. I hereby represent and warrant that:
9.1.1. I am 18 years of age and have complied with the eligibility and entry requirements as mentioned hereinabove.
9.1.2. I am the sole and exclusive owner of the Entryto be uploaded/submitted by me.
9.1.3. theEntry to be uploaded is original and is not copy, adaptation or remake or dubbed version of any other literary, artistic, musical, dramatic, or cinematographic work or photograph of any third party.
9.1.4. theEntryto be uploaded by me does not infringe or misappropriate any third party rights including any intellectual property rights or moral rights and that I am legally authorized to upload/ exhibit this work.
9.1.5. theEntryto be uploaded by me is not defamatory, obscene, seditious, contravenes or constitutes a breach of privacy, publicity, incites hatred, racist, against India or in any other respect in contravention of the applicable laws in India.
9.1.6. the use of third party content, if any, as identified at the time of submitting the Entry has been made with the prior written permission/consent/license of such third party.
9.1.7. theEntry has not been previously published or publicly shown or entered in any other competition or won a prize or award or made available for sale.
10. INDEMINTY AND LIABILITY
10.1. By participating in the competition, registering myself and submitting Entries, I hereby agree to release, discharge, indemnify and hold harmless the Organizers, partners, sponsors, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, agents and representatives from any claims, losses, and damages arising out of any breach of my representations, warranties, covenants or otherwise arising out of participation in this competition or the photographs/videos or any other content uploaded, submitted or otherwise,in contravention of the Rules,royalty payable to any third parties for unauthorized use of third party content in the Entries, any competition-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
11.1. By entering this competition, I understand and agree that Personal Data (as defined hereinafter) maybe provided/submitted to the Organizers, sponsors, partners and their affiliates at the time of signing up and registering for the competition and uploading/submitting Entries for the competition.
11.2. “Personal Data” shall mean data of a personal nature including name, parent’s name, password, IP address, contact information such as address, city, state, country, phone number, e-mail id, photo, sex, etc.
11.3. Iacknowledge and permit the Organizers, sponsors, partners and their affiliates to collect, handle, store, access or otherwise deal with my Personal Data. I expressly consent and agree to provide the Organizers with such further Personal Data as maybe required. Access to such Personal Data will be given by the Organizers to such of the Organizer’s personnel, partners, sponsors, their representative, agents, officials, personnel, and such other persons to whom such Personal Data is disclosed to by the Organizer, on a need to know basis.
11.4. I agree and acknowledge that my Personal Data will be stored on the Organizer’s secured server and the Organizers shall maintain reasonable security practices and procedures, which are proprietary and unique to the Organizer, as the Organizers may adopt and deem fit. Such security practices shall involve measures commensurate with the information being protected, such as but not limited to password protection, limitation of access to specified personnel on a need to know basis, security measures including encryption, if required, and other security measures to guard against unauthorized access to the service and the Personal Data.
11.5. I agree and undertake to promptly notify the Organizers if there are any changes, updates, modifications, etc., to the Personal Data.
11.6. I agree that the Personal Data maybe used by the Organizers to verify the authenticity of my identity including my address, phone number and e-mail.
12. GOVERNING LAW AND JURISDICTION
12.1. All disputes arising under this competition shall be governed by the laws of India and the courts at Mumbai shall have exclusive jurisdiction to adjudicate all disputes.
13.1. In the case of any dispute or claim arising out of or in connection with or relating to this competition, or the breach of the Rules, termination or invalidity hereof, the dispute or claim shall be finally settled by arbitration to be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996. Both parties shall appoint 1 (one) arbitrator each and the twoarbitrators so appointed shall then jointly appoint an arbitrator, who shall act as the third and presiding arbitrator.
13.2. The arbitration proceedings shall be conducted in the English language and the venue of arbitration shall be Mumbai.
13.3. The arbitrators shall decide any such dispute or claim strictly in accordance with the governing law. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
13.4. Each party shall co-operate in good faith to expedite (to the maximum extent practicable) the conduct of any arbitral proceedings commenced under the Rules.
13.5. The costs and expenses of the arbitration, including the fees of the presiding arbitrator shall be borne equally by each party to the dispute or claim and each party shall pay its own fees, disbursements and other charges of its counsel and the arbitrators nominated by it.
13.6. The arbitration award shall be final, conclusive and binding on each of the parties that were parties to the dispute.
14. TERMINATION AND CONSEQUENCES OF TERMINATION
14.1. The Organizers reserve the right to terminate/disqualify any entrant in the event that the Entry received or the information submitted by the entrant is false or inconsistent with the Rules or in violation of the Rules.
14.2. Upon termination/disqualification, the entrant shall not be eligible to participate in the competition or be eligible for the prizes.
15.1. The Organizers reserve the right, at their sole discretion, without assigning any reason, to alter, modify, change, cancel, withdraw, the Rules,interalia the Prizes, the Judging criteria, Competition Period, etc.
15.2. The Organizers reserve the right at their sole discretion to terminate the entry period prior to its scheduled end date and to choose among Entries received prior to the date of such termination.
15.3. The Organizers reserve the right to disqualify any Entry/entrant on account of submission of false information or for violation of the Rules, at their sole discretion.
15.4. If for any reason the competition is not capable of running as originally planned, or is postponed or cancelled or is prevented from taking place due to any infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants or any other third party, fraud, technical failures, or any other causes, or if the aforesaid events corrupts or affects the administration, security, fairness, integrity, or proper conduct of the competition, the Organizers reserve the right, in their sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify, or suspend the competition, and/or select the winner from all eligible entries received, at its sole discretion.
15.5. The Organizers are not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any on-line entry to be received on account of technical problems or traffic congestion on the Internet or at any web site, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation in or uploading or downloading of any materials or content related to this competition.
15.6. The Organizers may use the Entries along with each entrant’s name, photograph, likeness, image, voice and/or any other personal characteristics in any publicity or advertising relating to the competition or otherwise, or any promotions, advertisements, events, whether for commercial use or otherwise, without any compensation, notice or approval. I hereby authorize the Organizers to retain a copy of my Entry in their archives/library, and/or the right to showcase it in public screenings or broadcasts as the Organizers may their sole discretion deem appropriate, without any payment, royalty or consideration. I further acknowledge and agree that the Organizers have a right to reject any Entry without assigning any reason. Any decision taken by the ‘Judges’/‘Jury’ will be final and binding on me. I further agree that the ‘Judges’/‘Jury’ has the right to withhold an award in any category or to create any special award for a program that they feel deserves special recognition.
15.7. By entering into this competition, the entrant agrees that it does not construe or amount to a contract or an offer for employment from/with the Organizers, partners and/or sponsors.Neither Party owes a fiduciary duty to the other. Nothing herein shall be in any way construed to constitute the entrant to be an agent, employee or representative of the Organizers.
15.8. I hereby agree and understand that my IP Address will be logged and recorded.
16. CONTACT FOR CLARIFICATION
16.1. For information/clarification/queries, please contact us at email@example.com
with your query clearly mentioned as the subject of your e-mail.