The following are the terms and conditions for the “VIVO Pro Kabaddi League Virtual Fan Wall Activity”Wall Activity (the “Fan Wall Activity”) hosted by Mashal Sports Private Limited (“Mashal”) for promotion of, the VIVO Pro Kabaddi League Season VIII (“PKL")and the VIVO Pro Kabaddi website, available at the URL https://www.prokabaddi.com(the “VIVO PKL Official Website”), the VIVO Pro Kabaddi League App available on IOS/Android (“VIVO PKL App”) and the VIVO Pro Kabaddi League Fan Wall Webpage, which shall be available at a URL as notified by Mashal on the VIVO PKL Official Website, VIVO PKL App(the “Fan Wall Webpage”) or through Franchisees, Kabaddi Clubs and at Mashal’s discretion. For the purposes of these terms and conditions, the VIVO PKL Official Website, VIVO PKL App and Fan Wall Webpage, shall be collectively referred to as the “Network Handles”. The Fan Wall Activity will be conducted during the course of PKL as per details provided herein. Any personal information gathered pursuant to this Fan Wall Activity shall be subject to the privacy policy and personal data privacy available at https://www.prokabaddi.com/privacy-policy(“Privacy Policy“) which is incorporated herein by reference. This Fan Wall Activity shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “Terms and Conditions”) as stated hereunder. By participating in the Fan Wall Activity, it is construed that the Participant (as defined herein below) has/have read and understood these Principle Rules including the General Rules stated below and has/have agreed to abide by the same:
The Fan Wall Activity will be conducted during 22nd December 2021 to 26th February 2022
The Fan Wall Activity gives the Participant an opportunity to demonstrate their passion and support for PKL, franchisee(s) and players. The objective is to create an online platform and leverage the fans who will be part of the relevant PKL matches. The Fan Wall Activity shall be promoted via the Network Handles, and shall follow the following procedure:
The Participant(s) for this phase shall be chosen by Mashal, at its sole discretion, through nominations made by third parties including franchisees and kabaddi clubs.
The selected Participant(s) shall be sent a confirmation email along with a link to acknowledge and accept the Terms and Conditions as a part of Registration completion and participant’s consent.
Once the participant accepts the Terms & Conditions, he/she will receive an email from Mashal with other details on their registered email id.
All interested Participants will have to log on to Fan Wall Webpage and proceed to register for the Fanwall activity.
Thereafter, the Participant shall be required to fill in all the details requested for in the registration form. As part of the registration form, the Participant shall also be required to select the match day of their choice to participate in the Fan Wall Activity.
Thereafter, the Participant needs to submit mandatorily the application form that would contain his / her full name, email ID, mobile number, and favorite team.
After the above, the participant completers his / her registration on accepting the Terms & Conditions and confirm their age above 18.
Basis all applications received, Mashal shall, shortlist relevant applicant(s). An email shall be separately sent to the selected applicants on their registered email id where they would be provided with additional details.
Once selected by Mashal, the Participant shall receive a separate confirmation link on their registered email-id to join an exclusive match day whatsapp group moderated by Mashal. All communications, Standard Operating Procedure(s), hygiene points shall be shared through this whatsapp group. The Participant(s) agrees to be part of the relevant whatsapp group and receive relevant information through this group.
On PKL match day, unique links shall be shared with the selected Participant(s) 45 minutes prior to the match to enable the Participant(s) to sign in on time.
The Participant may stand a chance to the gratification (which may include TLB), as may be determined by Mashal, at its sole discretion.
It is hereby clarified that all shortlisting of applicants shall be at the sole discretion of Mashal, basis its internal shortlisting process and policies. By accepting these terms & conditions, the Participant hereby agrees that (a) Mashal has the sole discretion to undertake the shortlisting process and shall not challenge the same at a later point in time; and (b) at no point in time is Mashal required to provide any rationale to the Participant for his inclusion or exclusion.
It is clarified that Participants will be allowed to make only one account. Multiple accounts cannot be created using the same ID. The final gratification to be provided to the shortlisted Participants (as mentioned above) shall be basis the personal details (which shall compulsorily include the Permanent Account Number (“PAN”) details) provided to us.
The shortlisting for the Fan Wall Activity shall be selected in accordance with the system set forth above. It is further clarified that Mashal shall not be obliged to announce a scoreboard containing the names and scores of the Participants. Mashal’s decision in relation to all matters relating to the Fan Wall Activity including with respect to shortlisting (as indicated above) shall be final and binding upon the Participant(s). The shortlisted Participants will be announced by Mashal on the VIVO PKL Official Website and PKL App.
Mashal shall not be liable for non-receipt of any information by any shortlisted Participant, including due to errors or failures or deficiencies in dispatch services or in address details provided by the Participant. Neither Mashal nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which the Participant is unable to get any information from Mashal
Mashal reserves the right to refuse to shortlist a Participant in the event Mashal has a reason to believe that any information provided by the Participant(s) is wrong, fraudulent or any misrepresentation is made by the Participant. Mashal shall have the right to shortlist any other Participant(s) for the Fan Wall Activity, at its discretion. All gratification mentioned herein are provided on an as-is where-is basis without assurances or warranties of any kind. Neither Mashal nor its group companies nor their employees provide any assurances or guarantees regarding the above mentioned gratification. The Participant(s) agree not to hold Mashal and/or its group companies and/or their respective employees responsible for any shortlisting being carried out by Mashal and/or for any delay in receiving information. Mashal and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Fan Wall Activity. Neither Mashal nor its group companies shall be liable for any delays or failures in any notifications, or the Fan Wall Activity in general.
It is clarified that no other gratification, cash equivalent or alternative prize will be awarded to the shortlisted Participant. The Fan Wall Activity cannot be combined with any other Fan Wall Activity or activity. It is clarified that Mashal has no obligation to record, the act of Participant participating in the Fan Wall Activity or incorporate it in the telecast of the Matches or otherwise mention it on the Channels. If the shortlisted Participant refuses to accept the gratifications mentioned hereinabove, Mashal and/or its group companies shall be released from all obligations towards the Participant.
During the Fan Wall Activity Period, all Entries must be received within the time limits as specified by MASHAL from time to time on the Network Handles. The Participants will not be able submit entries before or after such time limits. MASHAL shall not be liable in any manner if any Participant is unable to participate in the Fan Wall Activity due to website traffic or network congestion
Mashal and/or its group companies shall not be responsible in the event that Entries are not received or the Participant(s) is unable to participate on the PKL Fan Wall Webpage in the Fan Wall Activity due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever.
The Participant(s) shall ensure that all information being submitted by them is decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous, or blasphemous to any person, religious sect or section of the society, etc. The Participant(s) further represents and warrants that all information being submitted by him/her shall be original and shall not infringe upon and/or contain any material that will infringe upon any third party rights including rights in intellectual property. Mashal reserves the right to remove or disqualify any Entries that do not meet these criteria.
Mashal reserves the right to change the mechanism and/or cease accepting forms for the Fan Wall Activity during the Fan Wall Activity Period for any reason or take any other steps in relation to the Fan Wall Activity as it may deem fit in its sole and absolute discretion.
Mashal reserves the right to disqualify/suspend/terminate any Participant(s) from participating in the Fan Wall Activity without assigning any reason. Mashal reserves the absolute right and discretion to reject an Applicant/Application Form or any part thereof at any stage of the Fan Wall Activity, including after shortlisting the Participant, if Mashal: (a) receives any notice or complaint relating to non-compliance of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party; or (b) determines at its sole discretion that the application form inter alia:, (i) belongs to another person and in which the Participant does not have any rights; (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, 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; (iv) harm minors in any way; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonates another person; (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) 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. The decision of Mashal in this regard shall be final and binding upon the Participant(s).
Mashal reserves the right to select and shortlist the Participants of the Fan Wall Activity and such decision shall be final and binding on the Participant(s). Mashal shall carry out the shortlisting in accordance with applicable parameters, and the shortlisted participants shall be declared by Mashal through the Network Handles and/or any other means announced by Mashal. The outcome of the Fan Wall Activity and/or the decision made by MASHAL regarding the activity shall be final and binding.
The Participants will be required to submit necessary supporting documentation, which shall compulsorily include the PAN related details, to establish identity and compliance with these Terms and Conditions and any applicable laws within timelines specified by Mashal to be eligible for any gratification. In the Event any person fails to adhere to the instructions, then his/her selection shall be invalidated. In such a case, (a) Mashal and/or its group companies shall not be liable in any manner whatsoever and (b) Mashal may, at its sole discretion, by the prescribed selection criteria choose other participants instead.
MASHAL reserves the right to refuse an Applicant in the event it is found by MASHAL or MASHAL has a reason to believe that any information provided by the Participant(s) is wrong, fraudulent or any misrepresentation is made by the Participant. MASHAL shall have the right to shortlist another Participant(s) , at its discretion
By participating in the Fan Wall Activity, it shall be construed that the Participant(s) has waived his/her right to raise any dispute with regard to the Fan Wall Activity, in any manner whatsoever and has understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and unconditionally accepts and agrees to comply with and abide by the Terms and Conditions.
The Participant hereby provide his/her consent for collection, storage, use, transfer and retention of my personal information and sensitive personal data or information as defined under the Information Technology Act, 2000 and the rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time (collectively, “Personal Information”), which Personal Information is subject to: the Privacy Policy, which has been read and understood by the Participant. Additionally, the Participant agrees to, and understands the terms and conditions set out below:
The Participant’s Personal Information is being collected by Mashal pursuant to these Terms and Conditions in connection with the PKL Fan Wall Activity and it is necessary for Mashal to collect the Personal Information for the PKL Fan Wall Activity and the uses set out below.
The Participant’s Personal Information will be used for the PKL Fan Wall Activity, in various formats and media, including television, digital, print for marketing and promotional activities.
The Participant’s Personal Information will be shared by Mashal/its affiliates (including Star India Pvt. Ltd.) with its/their production house and the public at large, in connection with the PKL Fan Wall Activity
Mashal has informed me of my rights to: (i) review my Personal Information for deficiencies and inaccuracies, and request Mashal to amend the Personal Information, to the extent deemed feasible by Mashal; and (ii) withdraw the consent provided under this letter. Provided that Mashal shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend my Personal Information, Mashal shall be entitled to disqualify my entry and/or participation in this Fan Wall Activity, as deemed fit and necessary by Mashal at its sole discretion.
All the Participant’s Personal Information is true, correct and complete in all respects and in no circumstances, will Mashal/its affiliates, or production house be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in my Personal Information.
The Company has provided with the option to opt out of providing my Personal Information.
The Participant(s) agrees and consents to the use of the details in the application form (including uploaded videos/chants) and other information/videos etc. provided during the course of the PKL Fan Wall Activity ("Entry") and/or any part thereof by Mashal or its affiliates as it may deem fit including for the purpose of promotion of the PKL and/or Mashal and/or its group companies and/or any programs on any channels owned or operated by any of its group companies (the “Network”). In consideration of the participation in the Fan Wall Activity, the Participant(s) hereby irrevocably, exclusively, perpetually and for the entire universe assigns all rights, titles and interests in the Entry including any rights of Exploitation thereof, to Mashal. “Exploitation/Exploit” shall mean the exploitation of the Entry 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 the Entry or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry and/or any part thereof from one form/format to another and in relation to the Entry 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 Entry in to 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, 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 Entry and/or any part thereof if any subsisting in favor of the Participant(s), in relation to future medium or mode of exploitation of the Entry and/or any part thereof is not held valid by operation of law, Participant(s) hereby grants an irrevocable, exclusive, sub-licensable, perpetual right to Mashal and its affiliates for such future medium or mode of exploitation of the Entry and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participant(s) hereby agrees that the Participant(s) shall not assign or in any other manner transfer the Entry including and/or any part thereof for such means and modes of Exploitation of the Entry 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 Mashal without offering for assignment such modes or means of Exploitation of the Entry and/or any part thereof for the entire world and perpetuity to Mashal. The Participant(s), agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of the Entry 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, Mashal may exploit the Entry and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Sections 19A & 19(4) of the Indian Copyright Act, 1957 does not apply to these Terms and Conditions. The Participant(s) waves off his “Moral Rights” with respect to the Entry and/or any part thereof as required. The Participant(s) shall do all acts and execute all documents in such manner and at such location as may be required by Mashal in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Mashal herein.
The Participant(s) must be above the age of 18 (eighteen) years, must be residing within the territorial limits of India during the Fan Wall Activity Period and be an Indian citizen. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Fan Wall Activity. Proof of age, if requested, of the Participant (s), in the Entry must be submitted to Mashal (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate) as may be required by Mashal to confirm the eligibility of the Participant(s).
Participant(s) shall provide such information as may be required by Mashal from time to time. Any incomplete submission will be considered invalid for the purpose of the Fan Wall Activity. Mashal also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant at any point in time during the Fan Wall Activity Period
Mashal reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Fan Wall Activity, without giving prior notice or reason. It shall be the sole responsibility of the Participant(s) to check the rules and regulations of the Fan Wall Activity on VIVO PKL Official Website. Non-conformance by the Participant(s) to any the Terms and Conditions will make such Participant’s Entry/ies null and void.
The Participant acknowledges that in case the conduct of the Fan Wall Activity and cannot be fulfilled due to any reason, including reasons beyond the control of Mashal such as war, industrial action, flood or any act of God, then Mashal shall not have any liability in this connection
Mashal and/or its group companies are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in connection to the Fan Wall Activity.
The Participant(s) shall hold harmless and indemnify Mashal, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, damage, liability, award, costs or expenses that may arise in connection with any act of the Participant(s) and/or Entry including any third party rights claims with respect to the material submitted by the Participant(s).
The Participant(s) shall not in any circumstances make any claims against Mashal or its group companies, 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 (directly or indirectly), to the Participant(s) participation or non-participation in the Fan Wall Activity or any related activity. If any Participant is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified. Mashal shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Fan Wall Activity.
The Participant understands and accepts that his/her participation in the Virtual Fan Activity does not create any obligation on Mashal to display the Participant. The chance to have the Participant displayed is subject entirely to Mashal’s discretion and subject to these Terms & Conditions.
Employees of and/ or consultants of Mashal and/or persons hired on contract by Mashal, the sponsor, and the members of their immediate family, are ineligible to participate in the Fan Wall Activity.
By participating in the Fan Wall Activity, it shall be construed that the Participant(s) has waived his/her right to raise any dispute with regard to the Fan Wall Activity, in any manner whatsoever and has understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and unconditionally accepts and agrees to comply with and abide by the Terms and Conditions. In the Event of any fault, misunderstanding or dispute concerning any part of the Fan Wall Activity the decision of Mashal shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s) and Mashal and its group companies is not a confidential, fiduciary, or any other special relationship.
The Participant(s) of the Fan Wall Activity agrees that if so, required by Mashal, he/she shall make himself/herself available from time to time and co-operate with Mashal and participate in any activity and/or campaign ("Promotional Activity") of any nature and on any platform whatsoever without any money payable to the Participant(s). Further, the Participant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring Mashal or any of its group companies into public disrepute or denigrate any of the preceding, or offend any community or public morals. In all public appearances the Participant shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Tournament and/or the Network and/or any channel on the Network. The Participant(s) agrees that the footage/ picture/ photograph of the Participant(s)used during the course of the Fan Wall Activity or for the purpose of the Fan Wall Activity shall vest with Mashal, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and Mashal may exploit the same in any manner and in any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participant agrees and consents to the use of any text and/or information and/or any photograph and/or image and/or visual recording and/or other components of his or her Entry on any platform as Mashal may deem fit for the purpose of promotion of the Tournament and/or the Network and/or any channels forming part of the Network.
These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest in Mumbai, India.