Terms and Conditions


Terms of Use (“Terms of Use/ Terms and Conditions”) lays out the terms and conditions, as may be amended and supplemented, from time to time which shall govern the access and use of https://www.gubbaretv.com/, IN10 Media Private Limited’s Website/ Channel/ contest page [https://www.gubbaretv.com/contest] (“Website/ IN10”) and the services provided to registrants/endusers (“Entrant or Participant or You“) through the Website and the app as the case may be. The Terms of Use shall be effective from October 20, 2021 subject to any amendments made by the Company. Please read the Terms of Use carefully before using or registering on the Website.
1.1. This Terms of Use is an agreement (“Agreement”) between IN10 MEDIA PRIVATE LIMITED (formerly known as Epic Television Networks Private Limited) (“Company“) and Participant/ You, with regard to, (i) the access and use of the Channel for playing gaming content hosted on the channel “GUBBARE” (hereinafter referred as “Channel”) and for the contest namely “#FredKaFandom” (“Contest”) hosted by the Company on its Channel and on its Website, social media pages and handles.
1.2.The access of the Website, usage of the Contest in any manner or mere browsing of the Website by the Participant constitutes an acknowledgement and acceptance in full by the Participant of this Terms of Use without any modification and/or exceptions. If the Participant does not agree with any part of this Terms of Use in any manner, the Participant must not access the Website or the Contest. By the assent of the Participant to this Terms of Use, the Participant provides his consent to the collection, use, storage, processing and disclosure of his/her information as set out in this Terms of Use. These Terms and Conditions shall be interpreted in conjunction with the terms of use and privacy policy of the Website.
1.3.The Participant’s use of certain features, functionality or programs (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the website may be subject to additional terms of use, and before the Participant uses any such features, functionality or other programs he/she would be deemed to have accepted to such additional rules.
1.4.The Company reserves the right to change the Terms of Use and any of the terms of the Service without any notice or intimation of such change to the Participant. The Participant shall be responsible for regularly reviewing the Terms of Use. Changes to this Terms of Use will be effective when posted on the Website and the Participant agrees to review this Terms of Use periodically to become aware of any changes. The Company reserves the right, in its sole discretion, to terminate the access of the Participant to the Website or the social media pages/handles or any portion thereof at any time, without any prior notice.
1.5.Terms of Use herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine/ feminine/other gender. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this Terms of Use as a whole.
1.6.The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Terms of Use or the right to use the Website by the Participant as contained herein.
2.1.This Contest is open to the citizens of India of the age group of 4 years to 14 years only. The children participating in this contest (Entrant/Participant) must have obtained their parents’ or legal guardians’ permission to enter the contest. Only parents or legal guardians of children can register on behalf of their children (Entrant/Participant) and submit the entries solely via the Channel’s Website. No entries via the Company’s social media page/ handle shall be treated as valid. They are requested to read these Terms & Conditions carefully prior to entry to ensure that the Participant, as well as the representative, understand and agree since these rules form a legally binding agreement with respect to this Contest. Further, eligible Participant hereby agrees that it must not have been convicted under any of the laws applicable in India and the citizen should be of sound health and mind. Participant hereby agrees, that any entry(ies) by proxy will not be accepted, even for their family members.
2.2.Eligible Participants shall be required to send their entries tentatively during the weeks spanning October 25, 2021 till October 29, 2021 and October 01, 2021 till October 05, 2021 (all dates inclusive) in order to participate in the contest. However, Participants acknowledge and agree that the Company reserves the right, in its sole discretion, to extend or modify the aforementioned dates in which the Contest shall be aired, which change shall be intimated by way of announcement on the Channel, on the particular week in which the Contest is to commence. (“Term”).
2.3.The only persons who may enter and be awarded prizes are Indian residents who are not employees of the Company or the Immediate Family of such employees. “Immediate family” means spouse, parent, child or sibling, whether or not they live in the same household as the employee.
2.4.The Company has the right at any time to require Participants to provide proof of identity as evidence of eligibility to participate. If a Participant fails to comply with a request for proof of identity, or provides false or misleading information, the Company may at his/her discretion, disqualify the Participant from the Contest, or, where appropriate, allocate the Prize (as defined hereinafter) to another eligible Participant. Such decision will be final and no correspondence will be entered into about a decision regarding eligibility.
3.1.Via the Channel’s Website, the Participant shall be eligible to participate in the Contest, which shall be announced from time to time on the Channel and on its social media pages and handles at the sole discretion of the Company. The Participant may join the Contest only while it is live, and no entries beyond the Term of the Contest shall be entertained. The Participant is not required to make any purchase nor is the Participant required to pay to participate in the Contest.
3.2.In order to participate in the Contest, the Participant herein agrees to the following conditions as mentioned herein below:
a) Participants shall be required to submit their personal details on the Channel’s Website including but not limited to Full Name, Participant Age with Date of Birth (DOB), Parent’s Name, Email id, phone number and parent’s social media handles including Facebook and Instagram (“Registration”).
b) Pursuant to the Content, the Participant shall be required to watch episodes of the series known as Fred Kismatwala (“Series”), telecast on Gubbare during the airtime slot of 1PM to 2PM, every day during the Term of the Contest. The Contest aston that shall be shown on the screen during the airing of these episodes shall showcase one character sillhouette/photo that is featured in the Series, every day during the Term of the Contest. Subsequently, the viewers shall be given 2 (two) options for the correct answer relating to the character sillhouette/photo from the Series, on the screen. The Entrants must select the correct option (“Response/s”) corresponding to the displayed character sillhouette/photo and upload their Responses, each day during the Term, on https://www.gubbaretv.com/Contest. For the sake of clarity, Participants are required to enter their Responses on each day of the Term until the end of the Contest, i.e., from October 18, 2021 till October 22, 2021 and October 25, 2021 till October
29, 2021 (all dates inclusive), in order for their participation in the Contest to be considered valid.
c) Three (3) successful Participants that have met all the criteria of participation as mentioned hereinabove and have given correct Responses on each day of the Term of the Contest shall be selected by the Company at its sole discretion at random from a pool of such Participants and shall be declared as the winners of the Contest (“Winner/s”). The Winners shall be intimated about the same solely via SMS/ email and shall be eligible to receive branded Gubbare merchandise/ gifts/ goodies (hereinafter referred to as “Prize”). The selected Winners so intimated are solely responsible for responding to the said SMS/ email within 3 (three) working days of receipt of the same. In the event the selected Winners fail to respond to the SMS/ email, they shall be deemed to have forfeited the Prize, and the Company, in its sole discretion, reserves the right to allocate such Prize to any other Winner from the pool of eligible Participants in accordance with sub-clause 2.4 hereinabove, with no further recourse of such Winner to the Company. Prizes, if claimed by the Winner in the proper manner as detailed hereinabove, shall be sent to the Winners via post/ courier at the Company’s sole discretion,
within 45 (forty-five) working days. The Company is not bound to make any announcement/ publication regarding the Winners or the results of the Contest, which it may do solely at its own discretion, and no correspondence/ demands raised by the Winners or any other Participant shall be entertained in this regard.
d) The Company shall, at its sole discretion, promote the Contest on all the Channels owned and operated by the Company and on Channel’s social media pages and handles.
3.3. The Participants/Winners who create and submit the Registration understand, acknowledge and agree that they are doing so at their own risk. The Participants/Winners are advised to exercise all due caution in the creation and submission of their respective Registration. All Participants/Winners agree and accept that any physical or bodily injuries and/or death and/or loss or damage to person or property, if suffered by Participants/Winners in the course of creation and/or submission of their Registration, shall
be the sole and absolute responsibility of the concerned Participants/Winners and the Company (and its affiliates, directors, officers and employees) shall not be responsible or liable for the same in any manner whatsoever.
3.4.The Participant agrees and undertakes at all times to be responsible for maintaining the confidentiality of the social media pages/ Website of the Channel created for the Contest and shall be fully responsible for all activities that occur by use of the social media pages/ Website. Further, the Participant agrees not to use any other party’s social media account and handle/ website in relation to the Contest for any purpose whatsoever without proper authorization from the relevant party. The Participant is responsible
for the security of all transactions undertaken on their respective social media account. The Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Participant’s social media account/ personal identity.
3.5.In the event of any unauthorized use of the Participant’s account/ user ID/ Registration as the case maybe, the Participant shall be solely responsible to notify the Company for such authorized use of the Participant’s account/ user ID/ Registration and the Company shall not be responsible for any, direct or indirect, loss or damage arising out of such unauthorized use.
3.6.If the Participant provides any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that the Registration or any part thereof is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate the Participant’s social media account/ email account/ Registration and refuse the use and all current or future use of the social media account/ email account of the Participant and/or to claim any Prize for the Contest or any of the other services of the Company;
3.7.The Company accepts no responsibility on delayed submission or entering into the Contest, which are not received for any reason and also the Company has no liability in respect of any incomplete entries that are received by sending Registration via personal message on the Channel’s social media pages or handles. Incomplete entries will not be counted and will be discarded. The Company has no responsibility to inform any Entrant or Participant that their Registration is incomplete and not valid for entry to the Contest.
3.8.The Participant also accepts that the Company expressly reserves the right to disqualify any entry/Registration/ Response that it believes are not in good faith, or are generated by an automated means or scripts, or otherwise violating these Terms of Use or the spirit of the Contest. Entries/ Registration/Responses generated by script, macro or other automated means or otherwise violating these Terms of Use or the spirit of the Contest are void. Notwithstanding the provisions contained in this, the Company, shall be entitled to, at its sole discretion (including for reasons of software issues, network issues, technical glitches, etc.,) to nullify a Contest at any time after the Contest has started and / or any Prizes owed to the Participant after it has become due.
3.9.In the event if the Participant/Winner submits invalid or wrong cellular number and/or e- mail while entering into the Contest, the Company shall not be responsible for such errors and the Winner shall be disqualified to claim any Prizes from the Contest and in certain circumstances if a selected Winner cannot be contacted, is ineligible, fails to claim a Prize and/or where if applicable publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and the Company further reserves the right to replace the Winner at its sole discretion, the replacement shall take place in the event if any of the Winner(s) who for any aforesaid reasons is disqualified from or unable to participate in the Contest with another Participant who is eligible to win the Prize in accordance with sub-clause 3.2(c) hereof and is otherwise eligible to be a Winner, notwithstanding that such Participant may have been previously eliminated from the Contest.
4.1.The Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on the Website and on the Channel. The Company makes no warranty, express or implied, concerning the Website/ Channel and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Channel, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any Participant or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Channel.
4.2.Participant understands and agrees that Google Play Store, IoS (Apple App Store), Facebook, Instagram or any similar third party platform are not sponsors of the Contest or any Contest conducted on the Channel unless the same has been expressly mentioned by the Company.
4.3.The Company shall have the right to endorse brands (through advertisements or otherwise) on the Channel, which may be associated to the Contest as affiliates partners or as co-branding partner to the Contest or any such gratification partners or any collaborating brand (“Co-Brander”) that the Company may associate with. The Participants are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
4.4.The Participant agrees that any information/Registration provided by the Participant would be collected by the Co-Brander in connection with the Contest, which may be used by the Co-Brander in accordance with their terms of use.
4.5.In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:                       (a) the use or the inability to use the Contest;                                                                                                                                                                                                          (b) unauthorized access to or alteration of the Participant’s transmissions or data;                                                                                                                                                  (c) any other matter relating to the Contest; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing of the Contest.
4.6.The Company shall not be responsible for the delay or inability to use the Contest on the Channel, the provision of or failure to provide the Contest, or for any information, software, products, services and related graphics obtained from the Company through the Channel, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for nonavailability of the Website/Channel during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any other reason whatsoever. The Participant understands and agrees that any material and/or data downloaded or otherwise obtained from the Company through the Website is done entirely at his discretion and risk and he will be solely responsible for any damage to his equipment including phone, laptop, personal computer, internet access, etc., or any other loss that results from such material and/or data.
4.7.These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action,to the extent such exclusion and limitations are not prohibited by Applicable Law.
5.1.The Participant represents and warrants that he has the power and authority to execute, deliver and perform his obligations under this Terms of Use and all necessary corporate, shareholder and/or other actions have been taken by it to authorize such execution, delivery and performance, and that this Terms of Use constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. The execution, delivery and performance of its obligations under this Terms of Use does not and will not contravene any laws, regulation or order of any authority or other official body or agency or any judgment or decree of any court having   over it or conflict with or result in any breach or default under any document binding upon it.
5.2.The Participant will not create or submit anything that is unlawful, pornographic, defamatory, libellous, obscene, threatening, harassing, discriminatory, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Government of India’s guidelines (“Applicable Laws“), or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content.
5.3.The Participant will not embed, re-publish, maintain and/or display any of the Channel content on any web site or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic,obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise,or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content. Company shall in such case have all the rights and remedies against the Participant as are available to it under Applicable Laws.
5.4.The Participant will not use any one or more of the Licenses (as defined hereinafter) and any associated functionality to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward,any material or information, whether personally identifiable or not, posted by or concerning any other user of the Website, unless the Participant would have obtained prior permission from such user to do so;
5.5.the Participant will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website (or any parts thereof) and the Participant also agrees that, it will abide by all copyright notices,information, restrictions contained in or associated with any of the channel, Website/app content including but not limited to the social media pages or handles;
5.6.the Participant will not remove, alter, interfere with or circumvent any copyright, trademark, watermark,or other proprietary notices marked/displayed on the channel, app and Website; the Participant will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with the Website and the social media pages of the Channel;
5.7.the Participant will not use any of the rights granted to him or any of the Website/ app content in a manner that suggests an association with any of the Company’s products, services or brands, unless otherwise specifically permitted by the Company;
5.8.Participant shall not defame or use any defamatory language against the Company in any case on any social media or any platform, in case of any issues/ queries with regards to the Channel, Website/app or the Contest, the Company shall endeavour to resolve the issue amicably. In the event, Participant defames or uses any defamatory language against the Company, Company shall be liable to initiate legal proceedings against the Participant.
5.9. The Participant will not do anything on the Website/app that would prevent other users’ access to or use of the Website/app or any part thereof;
5.10. The Participants (including the Winners) agree and consent to the use of their Registration, social media post and/or any part thereof by the Company or its affiliates as it may deem fit for the purpose of promotion of the Contest, the Company and/or its group companies and/or any programs/events on any channels/platforms owned or operated by the Company or any of its group companies (the “IN10 Media Network”). In consideration for the participation in the Contest, the Participants (including the Winners) hereby irrevocably, exclusively, perpetually and for the entire universe assign all right, title and interest in their Registration, their Responses and any social media post(s) including any rights of Exploitation thereof, to the Company, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Responses/Winner Registration(s), Winner social media post(s) and/or any part thereof including along with its cognate forms and grammatical variations, and includes the exploitation, use,alteration, broadcast, rebroadcast, communication, encryption, transmission, translation adaptation,publication, cutting, editing, and packaging of the Intellectual Property vested in such Registration, the Responses and social media post or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Registration, the Responses and/or any part thereof from one form/format to another and in relation to the Registration, the Responses and social media post and/or any part thereof, for incorporation in a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations,
dubbing and/or subtitling in any all languages/dialects in the world, converting the Registration, the Responses/ Registration and social media post into a clipping of a film for theatrical Exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, AVOD, NVOD, SVOD, PVOD, FVOD) made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet,websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’,‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. To the extent that the assignment of all rights, title and interest in the Registration, the Responses and social media post and/or any part thereof, if any, subsisting in favour of the Participants/Winners, in relation to future medium or mode of exploitation of the Registration, the Responses and social media post and/or any part thereof is not held valid by operation of law, the Participants/Winners hereby grant an irrevocable, exclusive, sub-licensable, perpetual right to the Company and its affiliates for such future medium or mode of exploitation of their Registration, the Responses and social media post and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participants (including the Winners) hereby agree that the Participants/Winners shall not assign or in any other manner transfer their Registration, the Responses,including any part thereof, for such means and modes of Exploitation of their Registration, the Responses and/or any part thereof, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to the Company without offering for assignment such modes or means of Exploitation of the Registration, the Responses and/or any part thereof for the entire world and in perpetuity to the Company. The Participants/Winners agree and acknowledge that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of their Registration, the Responses and/or any part thereof to any third party in breach of such obligation herein, anywhere in the world, shall be null and void. Further, the Company may Exploit the Registration, the Responses and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 does not apply to the Terms & Conditions. The Participants (including the Winners) agree to waive off their “Moral Rights” and Derivative Rights with respect to their Registration, the Responses and/or any part thereof as required.The Participants (including the Winners) shall do all acts and execute all documents in such manner and at such location as may be required by the Company in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to the Company herein.
6.1.Subject to the terms of this Terms of Use, the Company hereby grants to the Participant, if and only to the extent the necessary functionality is provided to the Participant on or through the Website/app, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a “License“):
6.1.1 the License to access, view and otherwise use the Website/app (including, without limitation any information or services provided on or through the Website/app) for the personal and lawful use only by the Participant, as intended through the normal functionality of the Website/app; and
6.1.2 The License to use any other functionality expressly provided by the Company on or through the Website/app for use by Participants, subject to this Terms of Use.
7.1.The winner may be requested to take part in promotional activity and the Company reserves the right to use the names and social media identities in any publicity both in paper and online.
7.2.Any personal data relating to entrants may be disclosed to a third party without the individual’s consent and data relating to entrants will be retained by the Company or any of its affiliates or group companies.
8.2.The Participant agrees to release, discharge, indemnify, defend and hold harmless the Company, its affiliates, subsidiaries, business partners, prize providers, and promotion and advertising agencies, and directors, officers, employees and agents of any and all of the aforesaid, and any other organizations related to the Contest and/or the Company, from and against any claim, damages or liability due to any injuries,losses or damages to any person (including death) or property of any kind resulting in whole or in part,directly or indirectly, from receipt, enjoyment, ownership, possession, use, misuse or inability to use any prize, or participation in the Contest or a related activity, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation (i) any condition caused by events beyond the Company’s control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest.
8.3.In no event will the Company be liable to You for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with Your participation in the Contest, whether such liability arises from any claim based upon contract,warranty, tort (including negligence), strict liability or otherwise, and whether or not IN10 MEDIA PRIVATE LIMITED have been advised of the possibility of such loss or damage.
8.4.Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Contest on account of any force majeure factors or otherwise.
8.5.If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
8.6.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 Mumbai. The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.                                                                                  By Clicking this Check box, I have hereby read and agree to all the above mentioned Terms & Conditions of the Contest and grant explicit consent to receive communication from the IN10 Team & its partners based on the details shared with this Terms of Use for the purpose of registering myself, for participation in the Contest.