TERMS AND CONDITIONS
FOR SUBMISSION OF APPLICATION/ REGISTRATION TO PARTICIPATE IN “REEBOK MTV ULTIMATE FITNESS FAN –
SEASON 2” (“PROGRAM”) AND FOR SELECTION OF PARTICIPANTS/FINALISTS IN PROGRAM.
1.
This Program is conducted by Viacom 18 Media Private Ltd. (hereinafter referred to as “Viacom18” in association
with Reebok India Company (“Reebok”) as sponsor, for selection of participants for the contest and the program
proposed to be organised by Viacom18 and Reebok (hereinafter collectively to be referred to as “Organisers” and
individually as “Viacom18” and “Reebok”) and a program tentatively titled as “Reebok MTV Ultimate Fitness Fan –
Season 2” (“Program”) which is proposed to be produced by the Viacom18. Those applicants who are selected after
application stage and further on-ground challenges shall have a chance to win Prizes (defined below) as per said Terms
and Conditions.
2.
ELIGIBILITY
The Program is open to all participants who are:
a. above age of 18 years;
b. residents and citizens of India;
c. viewers of the Channel “MTV”; (“Participants”).
3.
Phase 1: Call for Entry:
4.
a.
The Call for Entry shall commence from 11.09.2014 and end on 10.10.2015 at 20:00 hours or such other dates
as may be determined by the Organisers.
b.
To participate in the Program, a Participant needs to log on to www.mtvindia.com/ultimatefitnessfan
(“Site”) and be required to provide some basic details and fill the form provided on the Site and thereby
register as a Participant.
c.
Participation shall be categorised in two categories, namely, (i) Trainer and (ii) Non-Trainer and subcategorised into Male and Female sub-category. Trainer for the purpose of this T&C shall mean an individual
currently working as wellness/gym/ fitness instructor (including part-time trainers) or working as a trainer
within his/her personal capacity falls into this category; and Non-Trainer for this T&C shall mean Fitness
enthusiasts, including individuals who have not worked as trainers for the last two years fall into this category.
d.
Each person can register himself/herself only once and in category of their choice and subsequent entries from
the same person shall not be considered by the Organisers. Also, Participants shall not be able to change their
categories during the course of Program (“Categories”). In event any Participant wishes to change the
category during the Program, Organisers at their sole discretion may disqualify their entry.
Phase 2 – The Fit Test:
a.
b.
c.
d.
e.
5.
The Phase 2 of the Program shall be the ‘Fit Test” which shall be on-ground registration for the Program held
across India.
Participants who have registered under Phase 1 Call for Entry and Participants who wish to participate directly
in Phase 2 may participate.
Each such Participants shall be required to undertake various tasks/ challenges to compete and score to
become eligible to participate in the next Phase of the Program.
For the purpose of participation/ challenges, task performances might be divided into Categories as mentioned
above.
Total 80 (eighty) top scorer participants that Participated in said ‘Phase 2 –Fit Test’ shall be selected basis
their performance for next Phase 4 of the Program, namely Semi Finale Phase.
Phase 3 – The Wild Card Entry (Call for Entry):
a.
Apart from the shortlisted Participants in Phase 1 and Phase 2, the Organizers may at their sole discretion
provide a direct chance for entry to the On-Ground Challenges of the Semi Final of the Program for
participants who have not submitted and/or missed participation in Phase 1 and Phase 2 and/or couldn’t
qualify in Phase 1 and Phase 2.
6.
b.
The Organisers shall at their sole discretion determine the mechanism for participation in such Phase of Wild
Card Entries.
a.
At the end of this Phase of the Program, the Organisers might select such number of Participants as Wild Card
Entries who shall become eligible to participate in Semi Final Phase of the Program.
Phase 3 – Semi- Final and Final – (“On-Ground Challenges”):
c.
The shortlisted Participants shall become eligible to participate in on-ground challenges with respect to the
Program to be organised by Reebok at such locations as may be determined and announced by Organisers on
Site and such other modes at discretion of Organisers. (“On-Ground Challenge”)
d.
SEMI-FINAL PHASE: Out of the Phase 1, Phase 2 and Phase 3 above such total Participants finally selected
to participate in the Semi-Final Phase of the Program (“Semi Final Phase”) shall become eligible to
participate in Semi Final Phase of the Program
e.
At Semi-Final Phase of the Program, the Participants shall be required to undertake various tasks and
challenges either individually or in groups as may be required by the Organisers and top scores of such Semi
Final Phase of the Program shall become eligible to participate in Finale Phase of the Program.
f.
Total 16 (sixteen) Participants shall become eligible to participate in the Final Phase of the Program. However,
Organisers at their sole discretion may determine such number of Participants to participate in the Final Phase
of the Program.
g.
FINAL PHASE: At the Final Phase of the Program, the Participants shall be required to participate in various
rounds, which shall be elimination based. The Participants might be required to participate either in teams (as
may be paired by the Organisers) or individually determined at discretion of Organisers.
h.
At the end of all the tasks of the Final Phase of the Program, 2 (two) finalists Participants, 1 (one) male and 1
(one) female, who are top scorers of the Final Phase of the Program, shall be declared as the winner of the
Program (“Grand Winners”) and 2 (two) runner up Participants, 1 (one) male and 1 (one) female, which
shall be determined at sole discretion of Organisers and shall become eligible to win the Prize (defined below).
7.
Prize/Gratification:
a.
b.
Total 4 (four) Winners, 2 Grand Winners and 2 Runners-up shall be eligible to win the Prizes as below.
2 (Two) Grand Winners, 1 (one) male and 1 (one) female, announced after the end of the On-Ground
Challenge might be entitled to win below prizes being sponsored by Reebok.
c.
Each Grand Winner shall be entitled to win:
i. INR 1,00,000/- (Indian Rupees 1 Lakh only) which shall be subject to applicable tax deduction as
per laws in India and subject to 6 (h) below.
ii. Such Reebok sponsored and branded merchandise worth approximately INR 1,00,000/- (Indian
Rupees One Lakh only) or such other merchandise as may be determined by Reebok at its sole
discretion.
Both (i) and (ii) above shall be collectively be referred to as “Grand Prizes”.
d.
Each Runner-up Winner shall be entitled to win:
i. Such Reebok sponsored and branded merchandise worth approximately INR 50,000/- (Indian
Rupees Fifty Thousand only) or such other merchandise as may be determined by Reebok at its sole
discretion.
e.
8.
Organizers takes no responsibility, liability or any other expenses for the Winners. The Winner
understand that the each Winner shall be entitled for only above mentioned Prizes as one time
opportunity.
OTHER TERMS:
9.
a.
Mere participation by submitting call for entry videos and participating in On-Ground Challenges does
not entitle the Participants to win the Prizes.
b.
The Participants understands that getting shortlisted is only a preliminary step towards participation in
the Program and it shall be the absolute and sole discretion of Organisers to allow participation based on
creative requirements and the Participants acknowledges this right of Organizers without any dispute or
claim.
c.
Apart from the registrations, the Organizer may at its sole discretion provide a chance for entry to this
Program for unregistered people also and the Participants acknowledges this right of Organisers without
any dispute or claim.
d.
No Participant shall associate themselves with any advertisers, brands or be seen as promoting any
product or brand and any Participant indulging in this shall be liable to be disqualified at the option of
the Organisers and Organisers shall also reserve its right to seek damages on account of the same. No
Participants shall show MTV or Viacom18 or Reebok or any of the sponsors in bad light. Entries shall be
original and shall not be in breach of any third party rights. In the event any Entries are not original or
are in breach of any third party rights, the Participant shall be responsible for indemnifying Viacom18
and/or Reebok on account of any losses, damages, expenses, costs, loss of face and goodwill on account
of the same. All Entries shall comply with the laws of the India and shall not be in bad taste, in defamation
of someone, obscene or in breach of any rights of a third party.
e.
The Organizers shall not be responsible in case of any network problem such as breakdown of machinery,
poor network availability, disruption in the network, inconvenience/ hindrance caused, and/ or the cost
of usage charged by the service provider or otherwise. Any dispute in connection to the same shall be
settled between the Participant and the service provider without involving Organizers.
f.
In the event there is a tie between two Participants as final winner, then the same shall be resolved through
a random draw. The selection process may vary and shall be as per the Organizer’s sole discretion. The
Participants or any third party shall have no right to question the process of selection.
g.
It is in Organizer’s sole discretion to use/not use the entries and the Winner(s) shall not have the right to
claim any damages or monies from Organizer and by participating in this Program the Winner(s) waive
their right to make any such claims against the Organizer whether or not credit is provided to the
Winner(s) and/or whether or not the entry content is used and whether or not the entry content is
promoted by the Organizer.
h.
Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time-to-time,
shall be payable by the Winner(s). In case the Winner(s) fail to comply with the applicable laws or pay the
requisite taxes, costs, levies, charges, expenses, etc., if any, the Winner(s) shall indemnify the Organizer
of any losses, expenses, costs, actions, claims, etc. for the same.
i.
Winner(s) expressly agree that the Prizes is good, full, complete, total and valuable consideration for the
rights assigned by the Winner(s) to the Organizer herein, the receipt and sufficiency of which the
Winner(s) hereby acknowledge.
j.
The Winner(s) understand that the Organizers are relying upon the foregoing representations and
warranties, grants of rights and licenses, and releases in permitting the Winner(s) to submit the entries.
The Winner(s) acknowledge that they shall not terminate or rescind the grants of rights and licenses
and/or the releases contained herein.
REPRESENTATIONS AND WARRANTIES BY THE PARTICIPANTS:
The Participants represent and warrant the following:
a) The Entry shall be suitable for presentation in a public forum, in sole determination of the Organizer.
b) The Entry shall be original unpublished work created by the Participant and that it shall in no manner
c)
infringe any rights including intellectual property rights, including without limitation, the copyright of
a third person/party.
The Entry shall not contain information known by the Participants to be false, inaccurate or misleading,
of any nature.
d) The Entry should not be obscene, vulgar, defaming, denigrating women, artist, celebrity or children,
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
hurting religious sentiments, depicting violence or against the public policy of India or/and the internal
policies of the Organizer.
The Entry shall not contain content that could be construed as defamatory, libelous, or slanderous.
The Entry shall not contain content which infringes any third party's copyright, patent, trademark,
trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or
proprietary rights.
The Entry shall not contain any third party music.
The Entry shall not contain content which violates any Indian or international law, statute, ordinance,
regulation, rule, policy, guidelines, etc. (including, but not limited to, intellectual property rights, those
governing export control, consumer protection, unfair competition, anti-discrimination, and false
advertising).
The Entry shall not contain content that engages in, encourages, advocates, discusses with the intent to
commit, or provides instructions for conduct that would constitute a criminal or civil offense or would
otherwise violate any local or international law or rule.
The Entry shall not promote or advertise any product(s), service(s) or brand(s).
The Entry shall not contain material or content that is, or may reasonably be considered to be, hate
speech, whether directed at an individual or group, and whether based upon the race, sex, creed,
national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of
such individual or group or that is otherwise unlawfully threatening or unlawfully harassing to any
individual, partnership, corporation, or political body.
The Entry shall not contain material or content for which a Participant was compensated or granted
any consideration by any other third party.
The Entry shall not contain content that depicts alcohol, tobacco or narcotics.
Participants understand that once the Entry has been submitted in terms of this terms and conditions,
all rights (including intellectual property rights) in and to the Entry shall be deemed to have been
assigned exclusively, in perpetuity, and throughout the entire world, in favor of the Viacom18.
10. GENERAL RULES
a) Participation in this Program implies acceptance and compliance of all the Terms & Conditions related
to the Program.
b) By entering the Program, the Participants represent, acknowledge and warrant that they are in
compliance with all applicable laws in India.
c) By participating in the Program, the Participants agree to be bound by any rules, regulations, guidelines
or policies ("Rules") associated with the Program and agree to be bound by any decisions made by the
Organizer, including any interpretations of such Rules by the Organizer. All Rules form an integral part
of these Terms & Conditions.
d) The Participants hereby agree and undertake that mere announcement/declaration of being announced
as Winner(s) shall not entitle them to the Gratification. Only upon complying with all Rules mentioned
herein, to the satisfaction of the Organizer, shall the winning be validated.
e) The Participants acknowledge that they do not have any medical/physical/emotional condition which
can jeopardize their eligibility for participation in the Program.
f) The Participant understands the vulnerability of social networking sites, the risk of uploading the Entry
on the Site and exploitation of the Entry content for nefarious purposes by others.
g) The Organizers shall not in any manner be responsible and/or liable for sharing, editing, morphing,
digital alteration, manipulation, identity theft and/or unethical exploitation of a Participant’s Entry
content.
h) Participants/Winner(s) expressly acknowledge that the names, marks, logos, brands and trademarks
of the Organizers are the sole and exclusive property of the Organizer, are well-known by the general
public, are associated in the public mind with the Organizers, and the Organizers has acquired
considerable and valuable goodwill in and to its trademarks. Participants/Winner(s) shall not obtain
any right, title or interest in the foregoing by virtue of Participants/Winner(s) participation in this
Program.
i) For the purpose of this Program, a Participant is required to submit personally identifiable information
which shall include without limitation name, complete address, date of birth, citizenship details, email
id, etc. of the Participants/Winner(s) ("Personal Information"). If Participants do not truthfully provide
all requested Personal Information, the Organizers may determine that such Participants are not
eligible to for the Program.
j)
k)
l)
m)
n)
o)
p)
q)
r)
s)
t)
u)
v)
w)
x)
y)
The Personal Information of the Winner(s) shall be provided by the Organizer to others assisting the
Organizer in this regard, including its affiliates, associates, authorities, agents, sponsors, employees,
developers, distributors, deliverers and service providers (as applicable).
The Gratification shall not be transferable/ redeemable for cash. No request shall be entertained by the
Organizer in this behalf.
Employees or relatives of the Organizer and/or their associate and affiliate companies/concerns will
not be entitled to participate in the Program.
The Participants hereby agree and undertake that they shall not accept or undertake to accept or give
or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind
whatsoever, to facilitate their winning the Program. Any knowledge of such an act shall lead to
immediate disqualification of such Participants and the Organizer shall be entitled to take any and all
action(s) against such Participants, as deemed fit by it.
The decision of the Organizers in connection with the Program shall be final, binding and will be noncontestable.
The Winner(s) shall be intimated directly in any manner, as deemed fit by the Organizer. The Organizer
shall not entertain any questions, correspondence, enquiries on the manner of conduct of the Program
and grant of the Prizes from any party whatsoever.
Each shortlisted Participants might be required to travel and report to such venue of On-Ground
Challenges with respect to the Program as may be announced by Organisers at the date and time so
mentioned to perform such tasks assigned to them as part of the On-Ground Challenge and any delay
in reporting shall make such shortlisted Participants eligible to be disqualified from participating in the
Program.
The cost of travel and accommodation (if any required) in terms of this Program including travel
undertaken to sign the release form and such other documents as may be required by the Organizer,
for attending the Fit-Tests Phase and Semi-Final Phase at the venues as may be informed by the
Organists shall be borne solely by the Participants and no monies will be reimbursed nor can be claimed
by the Participants/Winner(s) from the Organizer.
The Participants/Winner(s) acknowledge that the Organizers shall not be liable for any costs, expenses,
charges, fees, taxes, etc. incurred by the Winner(s) in creating the Entry content, and the Winner(s)
shall be absolutely responsible and solely liable for the same.
The Winner(s) acknowledge that the Organizers shall not be liable for any mishap, injury, accident,
untoward incident, physical harm of any nature, death, loss of life or limb, etc., caused to them, either
before, during or after the Program; and the same shall not be attributed to the Organizer and the
Organizer shall not be held responsible towards the same nor shall be liable to indemnify or make good
any claim being raised against it, for whatsoever nature.
The Participants/Winner(s) acknowledge that he/she will not hold the Organizer and/ or any of its
affiliates or agencies engaged by them with regard to this Program liable for any loss or opportunity
and/or monetary loss due to their participation in the Program.
The Organizers is not responsible for any errors or omissions in the terms and conditions contained
herein. All information provided in the Program is provided 'as is' without warranty of any kind. The
Organizers makes no representations and disclaims all express, implied and statutory warranties of any
kind to the Participants and/or any third party including, without limitation, warranties as to accuracy,
timeliness, completeness, merchantability, or fitness for any particular purpose.
The Organizer shall not be responsible for any loss of entries for any reason, whatsoever including, due
to any problems caused by telephone lines, service providers, network breakdowns, computer service
delays, interruptions, network failures or overloads;, or for lost, misdirected or misplaced entries, or
for entries received after the timelines as may be informed by the Organizers from time to time; or for
prizes not reaching the Winner(s) due to any reasons; or for any reasons beyond the control of the
Organizer.
In the event of unforeseen circumstances beyond the control of the Organizers, and the Gratification
not being made available to the Winner(s), the Winner(s) shall not have the right to claim any damages
or monies from the Organizer and by participating in this Program the Winner(s) waive their right to
make any claims against the Organizer.
If the Participants are found to be causing any disturbance, disruption or nuisance in relation to the
Program then the Organizer shall have the right to immediately disqualify such Participants. Any
claim/damage for the same will neither be entertained nor compensated by the Organizer.
Under no circumstance, shall the Organizer and/or its parent, subsidiaries, associates, affiliates and
group entities, and their respective directors, employees, officers, agents or representatives, be liable to
the Participants and/or the Winner(s) and/or any third party, for any lost profits or lost opportunities,
indirect, special, consequential, incidental, or punitive damages whatsoever, even if the Organizer has
been advised of the possibility of such damages. The Participants/Winner(s) specifically agree not to
file in person and/or through any family member and/or through any third party any applications,
criminal and/or civil proceedings in any courts or forum within India or outside, against the Organizers,
its parent, subsidiaries, associates, affiliates and group entities, and their respective directors,
employees, officers, agents or representatives, to claim any damages or relief in connection with the
Program.
z) Winner(s) undertake to indemnify and shall keep indemnified and hold harmless, the Organizers, its
parent, affiliates, associates and group entities, and their respective directors, officers, employees and
representatives from and against any and all claims, demands, damages, losses, liabilities, costs and
expenses arising out of or caused by the breach or alleged breach (if alleged by any third party and/or
the Organizers) of any representation, warranty, covenant or undertaking made by Winner(s). The
Organizers shall not be responsible to indemnify Winner(s) for any reason or breach whatsoever.
aa) The Participant grants the Organizers irrevocable consent in perpetuity to the use his/ her name,
photographs, audio-visuals in connection with the Program, in any and all applications including but
not limited to advertising, commercials, promotion, stories, text, articles and commercial exploitation,
in any and all media forms, including but not limited to radio, broadcast and television, newspapers
and magazines at any time without the Participants further knowledge or consent.
bb) Participation in this Program implies acceptance of all the Terms & Conditions of the Program.
Participation in this Program constitutes permission for Organizers, and its affiliates to shoot videos,
click photographs, etc. of the Winner and use the Winner's name, photographs, likeness, voice and
comments for advertising and promotional purposes in any media worldwide for purposes of
advertising and trade without any additional compensation whatsoever.
cc) Acceptance of this Terms and Conditions by Participants shall be considered deemed acceptance and
consent by each Participants to receive promotional messages about the shows and programs of the
Viacom18 or any third party so authorized by Viacom18 and promotional messages with respect to other
contests and promotions of Reebok to be determined by each Organizer at its sole discretion.
dd) All Entries shall become the property of the Organizer.
ee) In case of any dispute or difference in respect of this Program, the decision of the Organizer shall be
final and binding on all concerned.
ff) It is the Participants’ responsibility to ensure that their personal information is always updated and
accurate in order to be able to receive the gratification/ notification in time.
gg) The Organizer shall not entertain any questions, correspondence, enquiries on the manner of conduct
of the Program from Participants, Winner(s) and/or any party whatsoever.
hh) The Organizer may at anytime, at its discretion, change these Terms & Conditions and/or the Rules
mentioned herein, without prior notice, and the Participant acknowledges that he/she shall be bound
by such changes.
ii) The Organizer reserves the right to terminate, alter, change, modify, curtail or extend this Program,
and its Terms & Conditions, at any time at its absolute discretion, without assigning any reason
whatsoever and without any prior notice.
jj) The invalidity or unenforceability for any reason of any part of these Terms & Conditions shall not
prejudice or affect the validity or enforceability of the remaining parts and each part of these Terms &
Conditions is distinct and at all times severable from the rest of the Terms & Conditions.
kk) No waiver of any rights by the Organizer will be taken as a waiver of any other rights it may have. For
instance, if the Organizer waives its right to object to a particular breach of these Terms & Conditions
by a Participant, it does not prevent the Organizer from objecting to any other breaches by that
Participant or any other Participant.
ll) The Program shall be subject to the exclusive jurisdiction of competent Courts at Mumbai and the law
applicable shall be Indian Law.
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