TERMS AND CONDITIONS – ZEE KANNADA KUTUMBA AWARDS- 2023
VOTING POLL
“ZEE KANNADA KUTUMBA AWARDS – 2023 VOTING POLL – VOTE FOR YOUR
FAVORITE CATAGORY is a voting poll to decide the most favorite Artists, serial, pair, actors etc.
organized by Zee Entertainment Enterprises Limited (“Company”). By means of the Voting poll, the
Company is providing an opportunity to the viewers of ZEE Kannada (“Channel”) to vote for their
favorite Category. The Voting poll (“Activity”) is subject to the terms and conditions set forth herein
(“Terms and Conditions”). The Activity shall be carried out by the Company in the following manner:
I.
PROCEDURE TO VOTE:
1. To participate in the Voting Poll, every interested Voter must cast their vote using the voting
method outlined below:
2. Method – Voting Via ZEE5:
a. Go to the URL zkka.zee5.com, here the Voter will be prompted to provide their personal
details such as name, phone number etc. Upon acceptance of the Terms and Conditions, a
list of categories, along with the names of artists and their picture cards, will be displayed.
These options will be presented within tappable windows to facilitate the voting process.
b. Voters have the opportunity to actively participate by casting their votes or making
selections during the nominations phase.
c. Once the Voter has cast all their votes, the Voting process will be concluded for that
particular Voter.
3. The Voting Poll Period shall start on 13 th October 2023 to 27 th October 2023 (“Voting Poll Period”).
4. Voters can vote for one Category as many times as possible and vote for as many categories as
possible.
5. Determination of the top voted Category: Artists will be determined based on the votes received.
The Company will select one Artist or team based on the voting results. Viewers hereby agree and
accept that they will not make any claims against the Company regarding this selection at any time.
6. The Company may promote this Voting Poll through its channel(s), website, print media
(newspapers), television (promos, astons, bugs etc.), on ground promotions, push SMS, radio,
digital media/ social online or any other manner as shall be deemed fit by the Company, at its sole
discretion.
7. It is further clarified that the details including but not limited to the Voting Poll (including the
Voter’s IP address) will be saved and stored in the Company’s data bank/ server and the data
bank/server of Voting Poll Platform, and the same may be utilized and publicized only for the
purpose of the Voting Poll.
8. Votes received at any time other than during the Voting Period shall be considered null and void.
The Company reserves its right to change the date, and time of the Voting Poll Period at its sole
discretion at any point of time.
9. The Company reserves the right to reach out to the Voters for marketing activities through calls,
SMS, chat applications and other internet and phone number-based applications and the Voters
hereby consent to the same.
10. viewers/person shall not host, display, upload, modify, publish, transmit, update, or share any
information that — (a) belongs to any another person(s) and over which the Voter does not have
any right(s); (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic,
pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, or is otherwise unlawful in
any manner whatever; (c) harms minors in any way; (d) infringes any patent, trademark, copyright
or other proprietary rights of any person;(e) violates any law for the time being in force; (f) deceives
or misleads the Company about the origin of any messages/Voting Poll Entry or communicates any
1information which is grossly offensive or menacing in nature; (g) impersonates another person; (h)
contains any viruses, malware or other harmful software, application or any other computer code,
files or programs designed to damage, interrupt, destroy or limit the functionality of any computer
resource; (i) 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. For
avoidance of doubt, the person agrees that the Company has the right to remove any such
material/post which may not be in consonance with applicable law. Any Voting Poll Entry in breach
of the above, shall be liable to be rejected by the Company without any notice.
11. The Company shall not, under any circumstances, be responsible or liable for any Votes submitted
by the viewers/persons but not received or recorded due to any reason whatsoever including but
not limited to technical disruption and/or network provider’s connection failure and/or any reason
whatsoever. The Voting Poll as available on the Voting Poll Platform is provided on an “as-is”
basis and the Company expressly disclaims any representation or warranty with respect to the
functioning or performance of the Voting Platform. The viewers/person accept and agree that their
respective vote in the Voting Poll shall not entitle them for any prizes.
12. The Company assumes no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, unavailability of the Voter, theft
or destruction or unauthorized access to, or alteration of, any Voter communication.
13. The Company makes no representations that the Voting Platform is appropriate or available for use
in any other territory outside India.
14. The votes cast are non-transferrable and non-exchangeable. Voter agrees and undertakes that no
cash, cash equivalent or alternatives will be given to the Voter for voting in the Voting Poll.
15. The Voter shall not, under any circumstances make any claims against the Company arising out of
or relating to any and all costs, injuries, losses or damages of any kind, including, without
limitation, death and bodily injury, due in whole or in part, caused directly or indirectly due to the
Voter’s participation in the Voting Poll or any related activity, to the extent permitted under law.
If the Voter is found to be ineligible, or if he/ she has not complied and/or is found to be in breach
of these Terms and Conditions, the corresponding vote/votes will stand disqualified and such
decision shall be final and binding on the Voter.
16. The Company shall not entertain any complaints, disputes or claims arising from or relating to the
Voting Poll, Votes submission mechanism/ criteria and/or selection/determination of the winners.
17. By casting vote/votes in the Voting Poll, it is construed that the Voter has read and understood
these Terms and Conditions, the Privacy Policy including the General Terms and Conditions stated
below and Voter’s act of voting in the Voting Poll will be deemed acceptance to abide by the same.
II.
GENERAL TERMS AND CONDITIONS
1. Participation in the Voting Poll is open to citizens of India residing anywhere in the world.
2. The Company reserves all rights to amend, modify, alter or delete, the whole or part of the Terms
and Conditions or withdraw/cancel the Voting Poll at its sole discretion without any prior notice.
Voting Poll
3. The Voter understands and agree that the Company shall not be responsible in any manner
whatsoever for any votes received on the Voting Poll from the Voter throughout India.
4. Voters who do not comply with these Terms and Conditions, or who attempt to interfere with the
process of Voting Poll or the operation of the Voting Poll Platform in any way shall be immediately
disqualified and their respective vote shall stand rejected.
5. The Voter accepts and agrees that casting their vote shall be deemed as their acceptance of these
Terms and Conditions even if the same is not explicitly mentioned by the Voter. The Company
shall not be responsible for delayed receipt or non-receipt or incomplete receipt or corrupt receipt
of any votes casted by the Voter.
6. The Company reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend any
votes casted by any Voter, should any virus, bug, non-authorized human intervention, fraud or other
2causes beyond its control corrupt or affect the administration, security, fairness or proper conduct
of the Voting or if the Company suspects the above. The decision regarding acceptance of the votes
received by the Company shall be decided by the Company at its sole discretion.
7. The Company makes no representations, warranties nor provides any undertaking to any of the
Voter that merely casting vote for their favorite category will not qualify the Artists to win in the
Category/Voting Poll.
8. The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs,
expenses, of any nature, suffered / incurred by any of the Voter in relation to Voting , including but
not limited to any loss of opportunity, damages, losses, costs, expenses suffered/incurred on account
of the Company rejecting the participation/Voting Poll Entry of the Voter or the Voter’s inability
to participate in the Voting Poll, for any reason whatsoever.
9. Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute
discretion, cancel or reschedule the dates of the Voting to any other dates as may be determined by
the Company.
10. At no point of time will the Company be obliged to notify the Voter, as to whether their respective
vote has been disqualified/cancelled or rejected.
11. The Voter shall hold harmless and indemnify, the Company, its affiliates, its group companies, their
employees, officers, directors or any other person, from and against any injury/damage/harm/loss/
death/ mental or emotional trauma suffered by the Voter(s) in connection with the Voting Poll and
also to the extent possible under law, waives all rights to file in person/ through any family member
and/or third party any complaints, applications, criminal and/or civil proceedings in any courts or
forum in India to claim any damages or reliefs in relation to the Voting Poll. Further the Voter(s)
shall hold harmless and indemnify the Company, its affiliates, its group companies, their
employees, officers, directors and/or any other person from and against any
suit/litigation/injury/damage/harm/loss/costs (including legal costs) suffered by the Company
arising out of or in relation to the Voter participation in the Voting Poll, any act of the Voter, any
post and/or Voting Poll Entry and/or any third-party rights claims with respect to the material
submitted by the Voter
12. The Voter shall not hold the Company, its affiliates, contractors, partners, vendors and promotion
and advertising agencies responsible for technical, hardware, software, telephone or other
communications malfunctions, errors or failures of any kind, lost or unavailable network
connections, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture
of Voter information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed
computer transmissions which may limit Voter ability to participate in the Voting Poll, including
any injury or damage to Voter or any other person’s mobile device or internet connection relating
to or resulting from participating in the Voting Poll or downloading any materials. The Company
and/or its representatives shall not be responsible for lost, late, illegible, incomplete, invalid,
unintelligible, technically corrupted or misdirected entries, which shall be disqualified. The
Company shall attempt to use commercially reasonable efforts to ensure the security and accuracy
of all votes casted and the methodologies/ processes/ mechanisms of said Voting Poll however the
Voter hereby acknowledge and agree that such methodologies/ processes/ mechanisms are not
infallible, and that the Company makes no guarantee as to its effectiveness.
13. All votes and registrations and/or any kind of data received by the Company and/or Voting Poll
Platform shall be stored, maintained or shared in accordance with the Company/Voting Poll
Platform privacy policy and the Company/ Voting Poll Platform shall at no time be under any kind
of obligation to discard or maintain the said information received from the Voter.
14. By casting vote in the Voting Poll, the Voter grants in favour of the Company, its agents, affiliates
or assigns, the right to use the likeness, face, name, signature, voice, photographs, biographical data
or image of the Voter, in any manner, in relation to the Voting Poll or for any promotional or
marketing activities related to the Channel and its programs.
III.
1.
OTHER TERMS
Each provision of this Terms and Conditions shall be considered severable, and if any provision of
these Terms and Conditions is held to be void, invalid or unenforceable by any court or other
competent authority, in whole or in part, such invalidity or unenforceability shall have no effect
3upon the remaining provisions of the Terms and Conditions and the other provisions of these Terms
and Conditions shall continue to be valid, enforceable and binding on the Voter.
2. These Terms and Conditions shall be governed by and construed in accordance with the laws of
India and subject to exclusive jurisdiction of the competent Courts in Bangalore.
3. The Company is empowered to take a decision on any case not covered by the present Terms and
Conditions and the said decisions shall be considered as final and binding on the Voter.
IV.
NO LIABILITY
1. 1. The Company is not, in any manner whatsoever, responsible and/or shall not be held liable, for
any physical injury, death, mental trauma, loss, damage, cost, expense or injury to life or property
sustained by the Voter at any stage of the Voting Poll whether or not caused by (1) the Voter’s vote
in the Voting Poll; (2) as a result of the any decisions of the Company for any matter relating to the
Voting Poll. Notwithstanding the generality of the foregoing, the Company expressly excludes
liability for all direct, indirect and consequential loss or damage, including but not limited to loss
or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings
pursuant to casting vote in the Voting Poll. In no event will the measure of damages include, nor
will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive
damages of any party, including third parties; or for damages attributable to the Voter; or
circumstances beyond the Company’s reasonable control.
2. The Voter agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group
companies, their respective employees, officers, sub-contractors, vendors or any other person in
connection with the Voting Poll, any increase/decrease in the charges charged to the Voter by
his/her network provider for submitting the Voting Poll Entries. The Voter shall solely bear all costs
and expenses incurred by them in respect of their participation in the Voting Poll.
3. The Company or any of its affiliates will not be liable for any loss of earnings, employment or
otherwise caused to the Voter and arising as a result of his/her participation in the Voting Poll
Activity, if selected.
4. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or
cancellation of the production of the Voting Poll and/or conducting the Voting Poll Activity on
account of any force majeure factors or otherwise.
5. Company shall not be held responsible or accountable for any expenses (including but not limited
to charges charged by the network providers for each Vote submitted by the Voter), loss, or any
other liability which may arise due to the Voter submitting Voting Poll Entries on the Voting Poll
Platform.
6. The Voter hereby agrees to indemnify the Company and/or its affiliates against any claims that
might arise from his/her actions or omissions while casting vote in the Voting Poll or due to any
representations, misrepresentations or concealment of material facts by the Voter.
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