TERMS AND CONDITIONS
The following are the terms and conditions (the “Terms and Conditions”) for voting poll (“Voting Poll” or “Poll”) for the program titled “The Greatest Indian” (“Program”) which will aired on History TV18 channel (“Channel”) starting from 4th June, 2012.The Voting Poll will be conducted by AETN18 Media Private Limited (“AETN18”).
By participating in the Voting Poll for the Program and performing any act/s as required in relation thereto, the participating viewer (the “Viewer”) unconditionally accepts and agrees to comply with and abide by these Terms and Conditions as stated herein or as may be modified at any time by AETN18. The decisions of AETN18 for all matters relating to the Voting Poll shall be final and binding in all respects.
The participation of the Viewer(s) / voter (s) (collectively referred to as "Viewers") in the Poll shall mean that the Viewer (s) has read, understood, accepted and agrees to abide with all the terms and conditions contained herein and represents that the he/she is eligible to participate in the Poll. If the Viewer does not agree with any of the terms and conditions or general rules then the Viewer should not participate in the Poll.
1. The Program will be broadcasted on the Channel starting from 4th June 2012 and shall end on 15th August 2012. AETN18 and/or the Channel reserves the right to change the dates, the timings and days of the episodes ('Episodes') of the Program, without giving prior written intimation to the Viewers.
2. The information pertaining to the Voting Poll will be announced in the Program and shall also be available in the website “www.thegreatestindian.in” (“Website”). Unique numbers assigned to a Shortlisted Nominee/Great will be available in the Website.
3. A Viewer can participate in the Voting Poll, by dialing the unique number assigned to a Shortlisted Nominee/Great. The unique number will be the dial in number. After the Viewer dials the unique number, the call will be automatically disconnected after one ring and the Viewer will receive an automated confirmation message saying “Thank you, your vote has been registered”. The Viewers will not be charged for dialing the unique number. A missed call will be counted only if the Viewer dials the valid unique number of the Shortlisted Nominee/Great during the specified voting period and the call is completed, i.e. the phone rings.
4. A Viewer can also participate in the Voting Poll by casting his/her vote in favour of the Shortlisted Nominee/Great by using the Facebook Connect option provided in the Website. The Viewers have to use their Facebook login Id and password to vote for the Shortlisted Nominee/Great by following the instructions specified in the Website.
5. The voting period has been divided in two phases, Phase-1 (commencing from 4th June 2012 till 25th June 2012) and Phase-2(commencing from 1st July 2012 till 1st August 2012).
a) In Phase -1, the Viewers will cast their votes to choose individuals (the “Great(s)”) from the list of Shortlisted Nominees. Top 10 Shortlisted Nominees who have received the maximum number of votes in Phase -1 will be declared as the “10 Greats”. Through missed call voting a Viewer can cast his/her vote in favour of a Shortlisted Nominee only once using a particular phone number. However, a Viewer cannot vote for more than 10 different Shortlisted Nominee through the same phone number. Through online voting a Viewer can cast his/her vote in favour of a Shortlisted Nominee only once using a particular Facebook Id. However, a Viewer cannot vote for more than 10 different Shortlisted Nominee through the same Facebook Id.
b) In Phase -2, the Viewers will cast their votes to choose The Greatest Indian from the list of 10 Greats chosen in Phase – 1. There will be 5 weekly panel discussions covering two of the Great as shortlisted in Phase-1. After each panel discussion, the voting lines will be activated for the citizens to vote in favour of the Greats covered during the panel discussion. The voting lines will close a day before the next panel discussion i.e., at 12:00 am midnight. Each week, the citizens can vote only for the Greats covered during the preceding panel discussion. Through missed call voting a Viewer can cast his/her vote in favour of a Great only once using a particular phone number. However, a Viewer can vote for more than one Great through the same phone number. Through online voting a Viewer can cast his/her vote in favour of a Great only once using a particular Facebook Id. However, a Viewer can vote for more than one Great through the same Facebook Id. Any votes sent by the Viewers for Shortlisted Nominees who were not a part of chosen 10 Greats, will not be considered and shall be null and void.
6. The votes of the Viewers received through the Website will be deemed to be received when the session is completed. Any unclear/incorrect/incomplete entry, including entry with wrong characters shall be considered invalid entry and deemed null and void. Each login by the Viewer using his/her Facebook Id will be considered as one unique vote.
7. An individual who has received the maximum number of votes, which will be a cumulative of all votes received during Phase - 1 and Phase -2 , through missed call voting and online voting will be declared as the “The Greatest Indian” on 15th August 2012.
8. AETN18 may at its sole discretion extend or curtail the Voting Period or may suspend or abandon the same at any time.
9. Votes sent by the Viewers for the Shortlisted Nominees/10 Greats as the case may be, after the relevant voting period or in contravention of the provisions of these Terms and Conditions shall not be considered and shall be null and void.
10. All and any incidental costs direct and/or indirect, in relation to the Viewer’s participation in the Voting Poll, shall also be borne by the Viewer and in no manner whatsoever shall AETN18, be responsible or liable for the same.
11. AETN18 and/ or the Channel shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator and/or the internet service provider directly, without involving AETN18 and/ or the Channel.
12. AETN18 shall use commercially reasonable efforts to ensure the security and accuracy of all votes and the voting process, provided, however, that all Viewers acknowledge and agree that such methodologies are not infallible, and that AETN18 makes no guarantee or undertakes any responsibility as to their effectiveness.
13. All vote counts across all mediums will be subject to verification and certification by an independent third party auditor.
14. The Viewers will not be eligible for any prize or any other gratification for participating in the Voting Poll.
15. The outcome of the Voting Poll/the decision made by AETN18 and/ or the Channel regarding the Voting Poll or nomination of the Shortlisted Nominees shall be final and binding on the Viewers and in no event shall the Viewer/voter dispute the decision made by AETN18, the Channel, their directors and/or its employees in connection with the Voting Poll and/or the nomination process. By entry into the Voting Poll, it shall be deemed that the Viewer has waived his/her right to dispute any decision(s) made by AETN18.
16. AETN18 and/ or the Channel reserves the right to disregard the vote(s) in the event AETN18 and/ or the Channel observes any irregularity in the voting pattern of the vote(s) sent by the Viewer(s) and/or if AETN18 and/ or the Channel in its knowledge has reason to believe that the Viewer(s) has acted in a fraudulent manner and/or engaged in any deceitful activity in sending the said vote(s)
17. In case of telecom and/or network failure and/or for any reasons whatsoever, AETN18 reserves the right to change the voting system/mechanism and/or cease accepting votes of the Viewer(s) during the voting period or take such necessary steps as it may deem fit in its sole and absolute discretion. AETN18 reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend voting should any virus, bug, non-authorized human intervention, fraud or other causes beyond its control, corrupt or affect the administration, security, fairness or proper conduct of the voting process.
18. By participating in the Poll via casting of the vote through any means may result, in certain instances, of sharing of the Viewers personal information including but not limited to your name and phone number. By participating in the Poll, the Viewer consents to the use of such information, wherever applicable, by AETN18 and/or its affiliates/ its group companies for the purposes of sharing news and information on the Program, including any promotional and marketing activities regarding AETN18 and/or its affiliates/ its group companies. AETN18 will not sell your personal information to any third party. For the purposes of clarity, any information which is publically available will not be deemed personal information. You agree and acknowledge that AETN18 will not be responsible for any actions of any third party including any service provider with regard to your personal information.
19. The Viewer represents and warrants that he/she above the age of 18 years it is not under any disability, restriction or prohibition, legal or otherwise, which might prevent her/him from performing or observing any of the obligations provided in these Terms and Conditions.
20. The sponsors, if any, AETN18 and/ or the Channel, its affiliates, its group companies, their employees, officers, directors or any other person is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental or emotional trauma caused to/suffered by the Viewer in any manner whatsoever, in connection to the Voting Poll and/or the Program. The Viewer waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
21. The terms of these rules and regulations shall be construed in accordance with the laws of India and the courts in Delhi, India shall have the sole and exclusive jurisdiction to decide on any dispute relating to the Voting Poll and/or the Program.
22. If any of the Terms and Conditions mentioned herein is held invalid by a court of competent jurisdiction or unenforceable or prohibited by the law, such invalid term(s) and/or condition(s) shall be severed from the rest of the Terms and Conditions, and the Terms and Conditions shall continue to be valid and binding on the Viewer(s)
23. By voting it is deemed that the Viewers have read, understood, accepted and agree to abide with all the rules and regulations of the Voting Poll. It shall be the sole responsibility of the Viewers to check the rules and regulations of the Voting in the Website
24. AETN18 and/ or the Channel reserve all rights to make amendments to the existing Terms and Conditions and regulations without prior notice.