TERMS AND CONDITIONS FOR PARTICIPATION

These Terms And Conditions (‘Terms and Conditions’) govern your participation in the activity titled “Imperial Blue Packaged Drinking Water x Colors - Holi 2024” (“Activity”) conducted by Viacom18 Media Private Limited  (“Company” or “We”) via the microsite www.becausemenwillbemen.com (“Website”) whereby the participants will required to (i) upload his/her passport-size photograph on the link provided in the Website; and (ii) select a celebrity of his/her choice from amongst the artists namely  Karan Kundra, Harsh Gujral, Kanika Maan & Raj Barman (“Celebrity(ies)”) on the Website, to generate an image with the help of AI driven technology which would contain the face of the celebrity selected along with the participant’s face as per the passport size photograph uploaded by him/her (“AI Image”). These Terms and Conditions apply to all users (“you/Participant(s)”) who intend to participate in the Activity. Your participation in the Activity constitutes your agreement to follow and be bound by these Terms and Conditions without modification, and all other operating rules, policies and procedures that may be published from time to time by the Company. If you do not agree to these Terms and Conditions, you are advised not to participate in the Activity. Please be advised if you choose to continue to participate in the Activity, it shall be deemed that you have accepted the Terms and Conditions.  The Terms and Conditions are personal to You, and are not assignable, transferable or sub-licensable by You.

PARTICIPANT'S ELIGIBILITY

  • Participants should state all the true, and required information, which has been asked from them on the Website for the purpose of proceeding with the Activity including their (i) name; (ii) mobile number linked to WhatsApp account on which the AI Image would be sent; (iii) age; (iv) photograph used for generating the AI Image; and (v) gender (“User Information”).
  • All submissions must be made in accordance with these Terms and Conditions and shall be subject to the terms of this Terms and Conditions, and the Terms of Service and Privacy Policy as available on colorstv.com. (“Colors Website”)

(II) ACTIVITY PROCEDURE AND TERMS

  • The Activity shall commence from 20th March 2024 and shall continue till 31sth March 2024 or until such date as deemed fit by the Company ("Activity Period").
  • In order to participate in the Activity, each Participant(s) will have to enter the Website during the Activity Period and follow the following steps after entering the Website:
    • Step 1: The Participant(s) will be required to click on the “Click Here” tab, which will take the Participant to the next page.
    • Step 2: The Participant(s) will be required enter their name and mobile number linked to their WhatsApp Account, as per these Terms and Conditions. After entering the name and the phone number, the Participant would be required to click on the “I Accept” tab. By clicking on the “I Accept Tab” tab, the Participant(s) agrees to be bound by these Terms and Conditions. In case the Participant does not wish to be bound by these Terms and Conditions, they should click on the “I Do Not Accept” tab or exit the Website.
    • Step 3: After clicking the “I Accept” tab, the Participant(s) will receive a One Time Password (OTP) on via WhatsApp on the mobile number provided by then in the above step.  The Participant will be required to enter the OTP in order to proceed further.
    • Step 4: The Participant(s) will have to select their favorite Celebrity with which they wish to generate the AI Image.
    • Step 5: The Participant will be required to select their gender.
    • Step 6: The Participant shall be required to upload a clear passport size photograph which can either be done by using the camera of the device or by uploading an existing file in supported formats.
    • Step 7: The Participant(s) will be released the AI Image via WhatsApp (on the number provided by them) once the AI Image is generated and ready.
  • The Participant(s) may download or share the AI Image on their personal WhatsApp or social media accounts in accordance with these Terms & Conditions. The Company shall have the right to reject any submission at its sole discretion and without providing any reasoning.
  • As stated in the Privacy Policy, You understand that User Information You submit or upload to Website may be stored on Company’s servers for the purposes of making the AI Image and sharing the AI Image with you. We advise you to be selective about what information you post. Please do not post, submit or upload to the Website any data, information, content or information which would include any Personal Information and Sensitive Personal Data or Information that you do not wish to be made available to the Company or to the public at the large.
  • The Participant(s) hereby grant consent to Viacom18, including its brand partners and sponsors, to use the User Information for the purpose of sharing with the Participant(s) the AI Image and any other correspondences, notices or communications (including without limitation any promotional messages) in relation to this Activity.
  • The Participant(s) agree and acknowledge that once the AI Image has been shared with the Participant(s), Viacom18 and its sponsors/ brand partners shall, in no manner whatsoever, be responsible and/or liable for any unauthorized use, distribution, circulation etc. of the AI Image by any third party on any platform. In this regard, the Participant(s) understands that the AI Images are downloadable and can be shared, and acknowledges the risks associated with participating in this Activity.
  • The Participant(s) hereby grants consent to Viacom18 and its sponsors/brand partners to use the AI Image on any of their social media platforms or other platforms for promotional purposes.
  • The Participant(s) agree and acknowledge that if any communication has been made by Viacom18 on the mobile number provided by the Participant(s) to cease the use, distribution, circulation etc. of the AI Image, the Participant shall immediately comply and cause any third party (if applicable) to comply with such request.
  • The Participant(s) shall ensure that the User Information submitted by them are in good taste and not obscene, vulgar, libelous, defamatory, insulting, annoying, hurting religious, community and nationality sentiments, or in any other way contrary to law, public morals or good taste. The Company reserves the right, at its sole discretion and without assigning any reason, to disqualify any submissions if in its opinion any submissions are in contravention of the Terms and Conditions as stated herein.
  • The Company shall not be responsible in the event submissions are not received in the manner provided herein, and also for technical error of any nature whatsoever that results in the submissions not being received and/or for any disqualifications if the submissions are in contravention of the Terms and Conditions.
  • Submissions for this Activity should state all the required information asked from the Participant(s) on the Website and/or in these Terms and Conditions. If the same is not complied with, then the submissions will not be considered and will be disqualified.
  • The Company shall not be responsible for any entries submitted but not received or recorded due to any reason whatsoever.
  • There is no cost involved in for registration of the Activity. The Company shall, in no circumstances, be responsible to reimburse any cost incurred by the Participant on account of their participation in the Activity.
  • The Company and/or its authorized representatives will have the right to verify the authenticity of each submission and User Information by way of requesting for any documents and/or other information as deem fit by the Company and the Participant(s) shall be required to comply with the requests of the Company to verify the authenticity of the content of their User Information submitted to the Company.
  • The Company reserves the right to disqualify any Participant(s) from participating in the Activity without assigning any reason. The decision of the Company in this regard shall be final and binding upon the Participant(s).
  • AI Image: The AI Image shall be shared with the Participant(s) via WhatsApp on the mobile number provided by the Participant(s). The Participant(s) may thereafter share the AI Image in accordance with the Terms and Conditions set out herein.
  • All decisions of the Company shall not be subject to any appeal of any nature whatsoever.
  • The Participant(s) shall not in any circumstances make any claims against the Company and/or its entities, representatives, affiliates, group companies, subsidiaries, arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the participation or non-participation in the Activity or any related activity. If the Participant(s) has not complied with these Terms and Conditions, the corresponding submissions will not be considered further.

(III) TERMS AND CONDITIONS FOR THE AI IMAGE

  • The Participant(s) agree and confirm that the User Information shall be their own, and the Participant shall at no time furnish any data/information or image which belongs to any third party. It shall be the Participants’ responsibility to ensure that the User Information is accurate and Viacom18 shall have the right to take recourse to any legal action or remedy available under law in the event of any inaccurate or false User Information being furnished by the Participant(s).
  • The Participant(s) agree, confirm, and undertake that the AI Image shall not be edited/distorted/modified in any manner whatsoever.
  • Prohibited Activities: The following is a partial list of the kind of activities/content/submissions/AI Image that is illegal or prohibited on the Website as well as for circulation. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing and/or ordering the offending submissions/content/AI Image to be removed from circulation. Prohibited Activities includes content/AI Image/User Information that you should not host, post, display, upload, modify, publish, transmit, update or share as a part of this Activity including information that:
    • Relates to personal or sensitive personal information about yourself or any third party;
    • is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • contains nudity, violence, or offensive subject matter;
    • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • exploits people in a sexual or violent manner;
    • solicits personal information from anyone under 18;
    • provides any telephone numbers, street addresses, last names, URLs or email addresses, including in your account profile;
    • violates the copyright, trademark or other intellectual property rights of any other person;
    • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
    • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes;
    • belongs to another person and which the Participant does not have any right to;
    • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
    • harms minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • impersonates another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • interferes with, disrupts, or creates an undue burden on the site or the networks or services connected to the Activity;
    • threatens the unity, integrity, defense, 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.
  •       Limitations of liability: By entering the Activity, each Participant(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the activity, or any ai video, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the activity (if any), notwithstanding the foregoing, under no circumstances will company and/or company entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
  • OTHER TERMS
    • Proprietary Rights in the User Information: You hereby grant to the Company the right to use, collect, store, process the User Information. You represent and warrant that: (i) you own the User Information submitted by you for the Activity (ii) your submissions do not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your User Information for the Activity does not result in a breach of any contract between you and a third party.
    • Representations and Warranties
      • By participating in the Activity, you represent and warrant to the Company that you are aware that the User Information may be accessible by third parties and there is no obligation on the Company to keep the User Information confidential;
      • You shall participate in the Activity in a manner consistent with any and all applicable laws and regulations.
      • Company may use the User Information for investigation into the content of the User Information to ensure that the User Information is in compliance with these Terms and Conditions.
    • User information The Participant(s) agree that the Participant(s) agree and acknowledge that: (a) the Participant(s) have provided true, accurate, current, and complete User Information to the Company in connection with the Activity; (b) the User Information belongs only to the Participant and does not relate to any third party;  and (b) will maintain this information to keep it true, accurate, current, and complete.
    • Limitations You agree to abide by all applicable local, state, national, and international laws and regulations in relation to the Activity, and not to act in any manner that is prohibited by the Terms and Conditions. You agree not: to (a) resort any illegal means which violates the rights of a third party, including without limitation intellectual property rights; (b) post or otherwise communicate material/AI Image which is unlawful, grossly harmful, harassing, blasphemous defamatory, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, obscene, indecent, confidential, proprietary or otherwise objectionable along with the postcards, (c) participate in the Activity for any commercial purpose; (d) post any links to any external Internet website that are obscene or pornographic or to post or otherwise communicate commercial advertisements, chain letters, pyramid schemes, encoded binary files, job offers or listings or personal ads; (e) post such materials which contain viruses, offensive, inappropriate, or other contaminating or destructive features; (f) impersonates any person or entity, including any employee or representative of a third party; (g) cheat in any form with respect to the Activity;  (h) create an account or provide any other information under false pretenses, with false, inappropriate, obscene, offensive, or incomplete information, or to mislead others; (i) post anything which harm minors in any way;  (j) post anything which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (k) post or otherwise communicate material contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (l) post or otherwise communicate material which threatens the unity, integrity, defense, 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. Additionally, you shall not:
      • modify, alter, or distort the AI Image in any manner, wholly or partly, which will be derogatory or offensive to any person/ entity/community/party or any other person;
      • take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third-party providers’) infrastructure which would result in the disruption in the Activity;
      • interfere or attempt to interfere with the proper, bona fide working of the Activity or any activities conducted in connection with the Activity;
      • bypass any measures the Company may use to prevent or restrict access to the Activity; or
      • provide any information, including but not limited to email addresses or telephone numbers of friends, if you do not own or have permission to use.
    • Participants Rules and Regulations Acceptance of Company's Privacy Policy and Terms of Service as available on www.colorsTV.com, these Terms and Conditions constitutes your agreement to abide by any conduct rules or regulations posted, as well as the restrictions and responsibilities outlined in these Terms and Conditions. The Company is not responsible for and is not liable for the accuracy and appropriateness of the AI Image, and any consequences that may arise from participating in the Activity. The Company reserves the right in its sole discretion to delete, move, or edit any of the content that it may determine, in its sole discretion, violates these Terms and Conditions or is otherwise unacceptable. The Company may delete, edit, or reject the content at any time for any reason without notice to you.  In particular, the Company reserves the right to remove content at the request of a third-party copyright or other intellectual property owner.  Any content you transmit or post pertaining to the Activity will be treated as non-confidential. The Company will not be held liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages (a) related to its use or rejection of any content/AI Image posted by you; (b) arising from the use of the public posting areas of this Activity; and (c) related to your viewing of any content for the Activity that you may find offensive. Although the Activity has been organized/ created in good faith, no representation is made as to the completeness or accuracy of the information it contains. The information contained on the Website/Terms and Conditions may be incomplete, may contain errors, or become out-of-date. The Company makes no commitment and expressly disclaims any duty to update any of its content. Company reserves the right to add, modify, or delete any information in the Terms and Conditions at any time.
    • Indemnification Your participation in the Activity constitutes your agreement to defend, indemnify, and hold harmless the Company and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys' fees, caused due to any act or omissions or misrepresentations, infringement of any third-party rights or concealment of material facts or breach hereof by You or even by a third party by using the AI Image generated for you.
    • Our Intellectual Property Except as provided below, the Company and its affiliates and licensors retain all right, title and interest in the Colors Website, Website and the AI Image ("VIACOM18 Intellectual Property"). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the VIACOM18 Intellectual Property, in whole or in party, except as expressly permitted in these Terms and Conditions or with the prior written consent of the Company. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules and regulations regarding your online conduct. We make no representation that the content available at or through the Activity or any other program or service offered on or through the Activity is appropriate or available for use in other locations, and access to them from territories where the content may be illegal is prohibited.   The Participant(s) shall not edit, re-edit, amend, vary, modify, alter, sell, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the AI Image (including without limitation the software, coding, constituents, elements, content of the AI Image etc.) in any manner whatsoever.

    VI GENERAL TERMS:

    • The viewer(s)/Participant(s) interested in participating in the Activity agree and undertake that they are above the age of 21 years and a resident of India. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.
    • The Company reserves all rights to make amendments to the existing rules and regulations or withdraw or suspend the Activity without giving prior notice for any reason whatsoever. It shall be the sole responsibility of the viewer(s)/ Participant(s) to check the Terms and Conditions on the Website.
    • Non-conformance by the Participant(s) to any and all the rules will make such Participant's entry(ies)/requests null and void. Also, the Activity is void where prohibited or restricted by law.
    • Each Participant hereby acknowledges and agrees that the relationship between the Participant and the Company and its affiliated companies is not a confidential, fiduciary, or other special relationship.
    • Each Participant hereby agrees to be bound by the terms and/or by any subsequent revisions of the Terms and Conditions ("Revised Terms"). The Company reserves the right to amend, add or delete any of the Terms and Conditions at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior terms.
    • The Company reserves the right to take legal action against such Participant who has committed a breach under the Cyber laws (Information Technology Act, 2000 and all its amendments thereof) and/or any other laws as may be applicable from time to time and Company shall be entitled to such remedies in law as applicable.
    • Neither the Company nor their employees have given any guarantee and/or warranty regarding quality, brand, value, durability etc. of the AI Image. The Company and its entities are not liable for any defect in the AI Image and makes no representation and/or warranty regarding the AI Image other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, express or implied including but not limited to any implied warranty or merchantability or fitness of the AI Image for a particular purpose. Neither the Company nor their employees shall be responsible and/or liable for any reason whatsoever in connection thereto.
    • By providing any personal information to the Company to enter and proceed with the Activity, each Participant thereby waives his or her privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished by them. If a Participant does not wish to have his or her information and/or likeness viewed by or disclosed to others, he or she should not proceed with the Activity.
    • The Company shall not be responsible for any unauthorized access to user data and/or for any compromise on private/confidential user related, or any other data, including but not limiting to user ids, email address, names, contact numbers and/ or any other user related details.
    • The Participant agrees that if due to any reason, whatsoever, beyond the control of the Company, the AI Image and/or anything in connection to the AI Image and/or the enjoyment of the AI Image becomes ineffective or invalid, the Company cannot be held responsible and/or liable 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 Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Activity and/or AI Image.
    • The Company reserves the right to withdraw/pull down the AI Image in the event it is found by the Company that any information provided by the Participants is obscene, inappropriate, offensive to any communities and the public morals, wrong, fraudulent or any misrepresentation is made by the Participants.
    • By entering and choosing to proceed with the Activity, each Participant(s) expressly agree that his or her personal data supplied may be used by the Company and/or its affiliated companies for the purposes of marketing the products and/or services of the Company and/or its affiliated companies and that certain offers and information on such products and/or services may be sent to the Participant(s) from time to time.
    • The Participant(s) agree that the all the rights, title, interest, in the AI Image, including but not limited to all intellectual property rights and any other rights shall vest with the Company for worldwide and in perpetuity.
    • By participating in the Activity, it shall be construed that the Participant(s) have waived his/her right to raise any dispute with regard to the Activity, in any manner whatsoever.
    • These rules and regulations shall be construed and governed in accordance with the laws of India and the courts at Mumbai, India shall have the exclusive jurisdiction in case of any dispute or other matter arising in reference to the Activity and/or the subject matter of these Terms and Conditions.
    • We reserve the right, at our discretion, to update or revise these Terms and Conditions at any time. We will post such changes to these Terms and Conditions, and these additional or revised terms will become part of the agreement which shall be bound to be adhered and accepted by You. Please check this Terms and Conditions document periodically for changes.
    • The Terms and Conditions and participation as stated herein, is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This is a legal and binding agreement between the Participant and Viacom18, that states the terms that govern the Participant’s participation as stated herein and through the social media platforms and/or any other platform as communicated hereunder. By clicking on the ‘I Agree’ icon, the Participant(s) agree to have read and understood the Terms and Conditions and hereby unconditionally consents, agrees and undertakes to abide, be bound by and adhere to the terms and conditions stated herein and respective terms and conditions of the social media accounts and/or any other accounts/ modes through which they have chosen to participate. These Terms and Conditions contained herein shall subsist for the Entire Activity Period and any such extended duration as may be deemed fit by Viacom18 and hence, the rules shall continue to apply on the Participant(s). These Terms and Conditions constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter.