Definitions

• Anyone below the age of 18 years is assumed to be a child (minor) and hence requires the consent of the parent/legal guardian of the minor and deemed to have consented to these Terms and Conditions.
• If you are a minor, you must obtain the prior permission of your parent, or legal guardian who must agree to these terms on his/her and your behalf prior to participating in the Competition. Since these terms form a legally binding agreement with respect to the Competition, please read the same carefully prior to submitting an entry. Further, you agree that submission of an entry in the Competition constitutes agreement to these terms. Participation in the Competition will be considered as acceptance of these Terms.
• These Terms may be modified without any prior notification. Participants are advised to regularly review these Terms. If there is any disagreement with any of the Terms and any amendments thereto, a Participant must not participate in the Competition.
• You are advised to go through the Privacy Policy and other relevant documentation including any modifications, alterations or updates thereof, that are published on Competition website Privacy Policy which are owned and operated by the Competition Management
• The prizes/rewards/gratification may be changed / modified / split / merged / increased / decreased or cancelled by the Management based on the quality of answers received and further evaluation involved.
• In the event that no participant(s) is/are found to be eligible for the prize/rewards/gratification, the management can decide to cancel the prize/reward/gratification. The decision of the Management in this regard will be final, binding and non-negotiable. The management will not entertain any queries or claims in this regard.
  1. Participation Eligibility
     1. Who can participate?
        The Participant/ Student
        • has to be a resident of India at the time of participation in the Competition.
        • has a valid mobile number registered in India during the Competition period.
        • is of sound mind and health.
        • does not have any criminal conviction.
        • does not have any disability by way of any existing arrangement or contractual obligation which prevents the person from participating in the Competition or performing in any event organized by the Management.
        • participates the Competition in accordance with the Terms as stated in this document.
     2. The Competition will be accessible on the web browsers: www.mirchispellbee.com and via on-ground school activation process. Please note, participation in the Competition is free of cost, however, other travel and cost associated for any rounds or levels of the competition has to be borne by the participant and the same cannot be claimed from the Management.
  2. Registration / Application process
     1. Participants are required to register for the Competition using their correct name and date of birth (as mentioned in any of the Government ID such as Ration Card, Aadhaar Card, PAN card, Passport etc.). The Management has the right to disqualify any participant if there is a mismatch between the name and date of birth submitted during registration and Government ID or on any other ground that makes the participant unfit for the Competition.
     2. A participant can sign up or register only once using one mobile number. Students who appear with multiple entries considered and other entries will be disqualified.
     3. The mobile number and email id from which the registration is completed will be a unique identification for all the levels of the competition. The participants are urged to use a mobile number and email address which are valid/active during the Competition period as it will be used for communication with the Participants.
     4. Management has the right to disqualify any participant (without intimating the Participant) if the Participant has created multiple accounts with identical name, incomplete names, pseudonyms, nicknames & names that do not match their Government ID, similar data of birth, location or IP address etc. Management has the right to disqualify Participants if they do not fulfil the registration or fair play criteria without any prior warning or intimation.
  3. Rules & Phases
     1. Level 1 (Physical Test in schools) – this will be an on-ground activity where personnel from the competition management shall visit the schools to take the tests. The schools selected for this activity will be at the discretion of the competition management and permissibility of the school premises. Students will be given a question paper and an OMR sheet to answer 75 questions within a span of 20 minutes. All the instructions pertaining to answering the details for registration will be given to the students on the day of the exam by the personnel visiting the schools under the supervision of a teacher from the school premises.
     2. Level 1 (Online Test – Pan India) students also have an option to apply for Level 1 through an online test on the www.mirchispellbee.com The students must fill in all the required details of registration and proceed to complete the online test. The test will comprise of 75 multiple-choice questions which have to be completed in/under 7.5 minutes. This test can be taken by the student at their place of convenience.
     3. Level 2 – From each school 50 students will be shortlisted who appeared for the test within the school premises. The Level 2 Qualifier online test will be hosted on www.mirchispellbee.com The online test will comprise of 75 multiple-choice questions which have to be completed in/under 7.5 minutes. This test can be taken by the student at their place of convenience. The above shortlisted students will be informed through their respective schools.
        
        Level 2 – Apart from the school-level shortlisting, an additional 2500 students (PAN India) will be selected from the students who appeared for the online test in Level 1. The above shortlisted students will be communicated for Level 2 on the details provided while registration for Level 1 (Email / SMS)
        
        Note: All the students shortlisted for Level 2 (via the on-ground school test + the online test) will all be on the same platform from Level 2 onwards until the completion of the competition
        Test must be taken by the student at their place of convenience on the dates provided by the competition management.
     4. Level 3 – A total of 2,500 students from across the country will be shortlisted. This will be a supervised test, conducted in a centrally located venue across 30 cities & 16 States in India (Mentioned below). The level 3 participants will answer 60 MCQs in 10 minutes.
        
        Note: The students will have to be present at the test venue (closest city for the selected participant, expenses for travel and lodging to be borne by the participant/guardian) as per the travel convenience of the student on the given date and time by the competition management.
        
        

        1.   Andhra Pradesh	Visakhapatnam & Vijayawada
        2.   Assam	Guwahati
        3.   Bihar	Patna
        4.   Delhi	NCR
        5.   Gujarat	Ahmedabad, Surat, Rajkot & Vadodara
        6.   Karnataka	Bangalore
        7.   Kerala	Thiruvananthapuram & Kochi
        8.   Madhya Pradesh	Bhopal & Indore
        9.   Maharashtra	Mumbai, Pune, Nagpur & Nashik
        10.   Odisha	Bhubaneswar
        11.   Punjab	Chandigarh, Ludhiana & Jalandhar
        12.   Rajasthan	Jaipur
        13.   Tamil Nadu	Chennai, Coimbatore & Madurai
        14.   Telangana	Hyderabad
        15.   Uttar Pradesh	Lucknow & Varanasi
        16.   West Bengal	Kolkata

     5. Level 4 – Approximately 1000 students (the final number will be at the discretion of the management) will be shortlisted for the on-ground regional level, held in 17 cities in India (closest city for the selected participant, expenses for travel and lodging to be borne by the participant/guardian) The details for the same will be communicated to the shortlisted students via registered Email ID’s & Call’s
        
        

        1.   Andhra Pradesh	Vijayawada
        2.   Assam	Guwahati
        3.   Bihar	Patna
        4.   Delhi	Delhi & NCR
        5.   Gujarat	Ahmedabad
        6.   Karnataka	Bangalore
        7.   Kerala	Thiruvananthapuram
        8.   Madhya Pradesh	Bhopal
        9.   Maharashtra	Mumbai & Pune
        10.   Odisha	Bhubaneswar
        11.   Punjab	Chandigarh
        12.   Rajasthan	Jaipur
        13.   Tamil Nadu	Chennai
        14.   Telangana	Hyderabad
        15.   Uttar Pradesh	Lucknow
        16.   West Bengal	Kolkata

        
        *The Management reserves the right to change/ modify/ update the state or cities mentioned above for levels 3 and 4 respectively without any prior notice.
     6. Level 5 – The top 75 scorers along with one parent or guardian will be invited to the National Finals in Mumbai, which will be a televised event, should any shortlisted student is unable to participate in the national finale round, the next ranked student will be shortlisted. (Expenses for travel and lodging will be taken care of by the competition management).
     7. The decision of the winners will be final and binding at the discretion of the judges in the national finale round.
     8. All Prizes are non-transferable and non-refundable and cannot be exchanged or redeemed for cash.
     9. All expenses incurred by the shortlisted participants for traveling during Level 3 & Level 4 rounds must be borne by the participants themselves and cannot be claimed by the competition management.
     10. For any future reference or communication, students must use their respective Student Unique ID, provided during the Level 1 round.
     11. Students whose parent’s (mother or father or both) are currently working with the title sponsor SBI Life Insurance are not allowed to participate in the competition. If at any stage of the competition the management is intimated of the same, the said student will be disqualified.
     12. All exams will be evaluated based on pre-defined evaluation process determined by the management in its sole and absolute discretion.
     13. Participants are advised to carefully read and understand these guidelines before entering the Contest. By participating, all contestants agree to comply with and be bound by these rules and regulations.
     14. By entering the Contest, participants acknowledge that they have read, understood, and agreed to abide by the rules and regulations outlined in this document. The Organizers retain the right to disqualify any participant found to be in violation of these rules, and their decision shall be final.
  4. Prohibited Activities
     Participants shall not involve themselves (directly or indirectly) in the activities, that:
     
     1. spreads viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of website, computer or property of the management.
     2. Uses the website/Platform in any manner intended to damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Platform.
  5. Winner selection
     1. In the event of a tie, the tie breaker questions will determine the winners at all levels. If a tie persists even after applying tiebreakers, a random selection process will be used to select the winner. This process will be at the discretion of the management.
     2. Awards/rewards/prizes/gratifications to potential finalists/winners are subject to the strict adherence of the express requirement of all documentation requested by the Management for the submission and are subject to applicable tax laws/legal requirements. All awards/rewards/prizes/gratifications will be net of any taxes as required by applicable tax laws. To the extent permitted by law, all taxes imposed on awards/rewards/prizes/gratifications are the sole responsibility of the winners. In order to receive a reward/prize/gratification, potential winners must submit tax documentation requested by the management or otherwise required by applicable law, to Management or a representative for Management or the relevant tax authority, as determined by applicable law. The potential winner and finalists, and their parents, or legal guardians are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the reward/prize/gratification may be forfeited and Management may, in its sole discretion, select an alternate potential winner, who is the next fit person as per the evaluation criterion.
     3. The decision of the winners will be final and binding at the discretion of the judges in the national finale round.
     4. The Management shall have the sole discretion to modify the number of winners or shortlist at any level and the Participants hereby undertake not to question or to make any claims against the same.
     5. Previous edition winner will not be eligible to participate for the Spell Bee Season 14.
     6. The winner will be required to provide certain documents pertaining to their proof of identity and residence. The gratification will be released by the Management post verification of the required documents.
     7. In case the documents are not provided in the stipulated time period the gratification will be forfeited.
     8. The winners shall receive an email or suitable communication (including SMS or voice call) from Management.
     9. The Management shall have the sole discretion to decide whether or not to declare the winners or the manner in which the winners are announced and the Participants hereby undertake not to question or to make any claims against the manner in which the names of the winners are declared by the Management
  6. Winner declaration and Prize handover
     1. The Management reserves the right to offer or withdraw any of the prizes/rewards/gratification/awards as provided herein, at any point of time, including after they have been announced.
     2. Management shall have the liberty, but not the obligation, to publish information with respect to the idea submitted by the participants.
     3. Participants declare that the details furnished in the application form and supporting documents submitted for the Competition are true, correct and complete and, wherever required, provided after thorough due diligence and inquiry. In case any of the said information is found to be false or untrue or misleading or misrepresenting, the participant will be liable and accountable for any consequences resulting thereto including indemnifying the Management for any expenses, costs, losses, damages incurred.
     4. The Participant authorizes the Management to use the content submitted as part of my/our nomination/ participation, in whole or in part and use and display such content and entry, which shall include trade publications, press releases, electronic or social media posting to any website, electronic hyperlinks to the website of the Participant, and/or any other display format selected by the Management during the awards ceremony or at a later point in time (‘Publication’), as it may deem fit.
     5. Management may, in its sole discretion, exclude a participant from participating in any part of the Competition on various grounds, which may include without limitation (i) circumstances which, in Management's view, renders the participant unfit to participate therein; (ii) inability to produce documentation specified proving the identity of the participant; (iii) any other reason that, at their sole discretion, would adversely impact Management and/or the Competition. At no point of time will Management be obliged to notify unsuccessful Participants of its decision.
     6. The Participants need to submit the following documents if they are shortlisted as winners:
        1. Photo & Address proof (any one of the following):
           1. Passport
           2. Aadhar card
           3. Any other government issued ID card containing winner’s photograph and address.
        2. Parent’s consent letter, if the winning amount is to be credited to a Competition winner’s bank account.
        3. Details of the transferee:
           1. Account number
           2. Beneficiary name
           3. Bank name & IFSC code
           4. PAN Card
     7. In case, a Participant(s) fails to submit the above documents, they would be deemed to have forfeited the winning amount.
     8. Management will use the mobile number used to register for the Competition by the Participant, to identify the winner of the prizes won, if any. Inability on the part of the Participant to accordingly show or provide the required identification proof could entitle Management to disqualify the Participant from the Competition.
     9. Management shall make all reasonable endeavours to; (i) enable Participant(s) to proceed with participation in the Competition (ii) to contact all winner(s) at each relevant juncture of the Competition, however Management can make no guarantee thereof and Management shall in its sole discretion be entitled to proceed with the next entitled participants who are eligible to be winners under the Terms, in case it is unable to successfully contact and communicate with participants(s)/ winner(s) in terms hereof.
     10. Management is not responsible if a call to a winner is not successful due to:
         1. Line being busy
         2. Congestion
         3. No answer received
         4. Poor call conditions / unclear reception
         5. Number engaged
         6. Call drop
         7. Other reasons that could render a call unsuccessful or terminate it
     11. Management further reserves the right to replace, at its discretion, any winner(s) who for any reason fails or is disqualified from or is unable to participate in the Competition, with another Participant who should be eligible to be a winner.
     12. Management will reach out to winners within 30 days from winner declaration to obtain details and documentation, if any, to initiate the registration process for the prize, if applicable. Management will make a maximum of 3 attempts to get in touch with such winner. Failure to contact the winner may result in forfeiture of the prize for such participant and Management may award the same to subsequent eligible participant with highest score.
     13. The disbursement of the winning amount (subject to deduction of tax at applicable rates, if any) shall be made either through direct bank transfer or via cheque.
     14. In case of bank transfers, the amount shall be transferred to the respective bank accounts of the winners or their parent/guardian, directly or through sponsor or its affiliate or any third-party intermediary, as may be deemed fit by its management.
     15. Management will determine delivery of the Prize in consultation with the other partners of the Competition and based on what is made available. Neither Management nor the partners will be responsible should the winners refuse to accept the prize as made available.
     16. Winners who have won the prizes will receive a communication regarding the prizes via email on the registered email id, from the Management. Further, Management reserves the right to announce the name of winners along with their photographs and detailed description of their App (developed during the Competition) on its Website or Platform. The details will be intimated by Management to each such winner on the email id provided by them at the time of registration on the Platform, on a best effort basis.
     17. Participant/Parent/Legal Guardian has to provide confirmation either through telephone or by Info@mirchispellbee.com confirming acceptance of the prize within 30 days of declaration of the winners of the Competition failing which the winner would be deemed to have forfeited the reward/prize/gratification.
     18. The winner agrees that the delivery of the prize may be delayed or significantly affected as a result of a delay in submission of attested documents (as required by Management) and/ or any force majeure events which are not within the control of Management, including but not limited to the orders/notifications/ restrictions/prohibitions by the Government of India and the respective States/Union Territories, aimed at containment of the spread of COVID-19.
     19. The Participant / grand prize winner hereby agrees that he/ she shall not hold Management responsible for any delays and/ or disputes and/or claims arising out of the prize and shall indemnify Management against any and all such claims.
     20. The winners hereby agree that in case of any disputes/ claims arising out of the prize, the same shall be addressed directly to the Management.
     21. Management may refuse to give the prize to the winners in the event of any fraud, plagiarism, dishonesty/illegality of any other nature (including immoral) or non-entitlement on the part of any of such Winner(s) to participate in the Competition under the Terms.
  7. Intellectual property rights:
     1. As between management and the participant, the participant retains ownership of all intellectual and industrial property rights (including moral rights) in their project submission. As a condition of entry, participant grants Management a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the project submission for any purpose, including display on its website or any other website or platform including YouTube, twitter, Facebook, Instagram, without any attribution or compensation to Participant.
     2. The management has no proprietary rights in the apps participants have created during the Competition. These respective Apps developed by the Participants shall belong to participants only. The apps developed by the Participant shall be stored on the Platform. Management will strive to keep the winning apps and winner account accessible for Participants, but they have no obligation to do so, and they have no liability for the consequences of the service becoming unavailable or your apps becoming unavailable. We therefore strongly suggest that you maintain backup copies of the apps at places besides the Platform.
     3. Participant waive any claim against the Management and/or its partners including in the nature of intellectual property rights for any Publication made in relation to the Competition, participation, entries, winners and prize distribution.
  8. Unauthorized Use of Copyrighted Content
     1. Participants to ensure that the ideas/apps do not infringe copyright or any other intellectual property rights including of any third party. Modifying proprietary content including copyrighted content may still lead to a violation. Participants may be required to provide evidence of their rights to use such content.
     2. Participants shall be solely and individually responsible for any claims, objections, and/or issues raised regarding authenticity, originality or genuineness of ideas/apps including by any third party.
     3. Examples (not exclusive list) of copyrighted content that is often used without authorization or a legally valid reason include but not limited to:
     4. Cover art for music albums, video games, and books.
     5. Marketing images from movies, television, or video games.
     6. Artwork or images from comic books, cartoons, movies, music videos, or television.
     7. College and professional sports team logos.
     8. Photos taken from a public figure’s social media account, search engines.
     9. Images of public figures, professionals, celebrities, sportsman etc.
     10. Reproductions or “fan art” indistinguishable from the original work under copyright.
     11. Apps that have soundboards that play audio clips from copyrighted content
     12. Full reproductions or translations of books that are not in the public domain.
  9. Swasth Bharat Tech Champs Copyright Infringement
     1. Any copyright owner who believes that their rights have been infringed by any submission by any Participant or winner of the Competition should contact with conclusive evidences within 7 (seven) working days of the announcement of the winners on the Website/Platform, to the Company’s designated copyright escalation authority at:
        Email Id: Info@mirchispellbee.com
        Notification related to copyright infringement must include:
        1. Identification of the copyrighted work, or, in the case of multiple works, a representative list of such works.
        2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for Management to locate the material (e.g., URL, IP address, computer, programme or software name/details).
        3. Information for Management to be able to contact the complaining party (e.g., name, email address, phone number).
        4. A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
        5. A statement that the information in the notification/complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
  10. Systems and availability
      1. a.Management, its affiliates, process advisors and evaluators, contractors, partners and promotion are not responsible for technical, hardware, software, or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, Website, Internet, or ISP un-availability, server issues, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit Participants / participant’s ability to participate, including any injury or damage to participants or any other person's computer or mobile device relating to or resulting from participating in or downloading any materials. Management is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected answers/entries/submissions, which will be disqualified. Management shall attempt to use commercially reasonable efforts to ensure the security and accuracy of all answer’s personal details (provided, however, Participants acknowledge and agree that such methodologies are not infallible, and that the Management make no guarantee and shall not be responsible as to their effectiveness).
      2. Any loss or outrage or dissatisfaction suffered by a participant during course of Competition, would not be the responsibility of Management and/or its associates/ affiliates and Management or its associates/affiliates will not be responsible to make good any such loss or dissatisfaction.
      3. All attempts will be made to protect the data from loss and corruption, but in the event such data loss happens, Management may have to continue with whatever data is available or could be saved, or in any other manner as it may deem reasonable. Management should not be held responsible for any loss of data or the action taken on account of the same. Management will not be held responsible to make good any such loss or dissatisfaction on account of such loss.
      4. In the event the response of the Participant is not for any reason received within the stipulated time period for the question/evaluation rubrics, such Participant would not be able to get points/marks, even if the question(s) was correctly answered by the Participant. The participant can access the site once re-connected to the central Website server(s).
      5. In case multiple entries are received from a Participant with the same idea, Management has the right to choose the first/last submission from that participants at its discretion.
      6. Participant is advised to keep the device from which the website is accessed, adequately charged. Low battery will result in shut down of the network and / or device and that will result in the Participant not being in a position to complete the submission.
      7. The server used to communicate with the participant has adequate redundancies built into it. However, in the rare cases, the server is down during the call for entry period, Management will, at its discretion but not as an obligation, determine such measures as it may deem fit
      8. The Participant acknowledges that all possible issues may not have been identified by Management and its partners and agrees to hold harmless Management and its partners for the application, network, process, technical or any other failures. Any losses, injury, discomfort, loss of privacy, inability to participate or any other discomfort of any sort caused to the participant or the participant’s property or device shall not be the responsibility of Management or its associates, partners.
      9. No person (i.e., either the Participant, or any person on behalf of the participant) shall initiate litigation against Management or its partners in any manner without first providing Management a complaint at Info@mirchispellbee.com and providing Management an opportunity to address the complaint.
      10. Management shall not be liable for any failure of the application server or system in the course of Competition.
      11. The Website is controlled and offered by Management from its facilities in India. Management makes no representations that the Website is available for use in other locations. Participants accessing and/or using the Website from other jurisdictions do so at their own volition and are solely responsible for compliance with applicable laws. Management cannot guarantee whether the Website will function in such jurisdictions outside India. Participants may not be able to register in the event the Participant(s) are travelling outside India. Management shall not be responsible for the participant(s) not being able to access the Website and/or not being able to register their submissions in such situations.
  11. Confidentiality and Publicity
      1. Management shall use all the information collected from the participants for the purpose of the Competition. The participant by providing the aforesaid sensitive personal information hereby agree that Management shall have the right to share the information so collected with such other third party as required for the purpose of the Competition and hereby agree that they shall not file any claim against Management for sharing of such personal information. Any information shared by the participant to Management shall be handled by Management in terms of the privacy policy of Management.
      2. By entering the Competition, Participant agree to participate in any media or promotional activity resulting from the Competition as reasonably requested by the Management at their expense and agree and consent to use of their name and/or likeness by the management.
      3. Management will contact participants in advance of any Management media request for interviews. The project submissions, final attributes of the developed App, may also be used for promotional, marketing, press and media purposes and Participants agrees to waive any rights and not assert any intellectual property rights that they have or may have in the project submission. Management reserves the right to publish the name and likeness of the participants with the top scores, the Finalists and the Winners of the Competition on the Website or through other media for publicity purposes. Participant acknowledges that they will not be paid for use of name and/or likeness or project submissions and hereby relinquish (and with respect to its company, if applicable) any past, present, or future monetary or other claims against Management and its affiliates for this use.
      4. None of the Participants shall, without the prior written approval of Management, speak to the press or any other media or any third person, nor give any interviews or comments relating to any aspect of the Competition. The participant shall not disclose any information whatsoever relating to the Competition, evaluation rubrics, Management plans, to any other party. Violation of this clause shall immediately disqualify the Participant’s prospects of further participation.
      5. The Participant shall at all times keep confidential all particulars, process, evaluation rubrics, winner prizes, and other details regarding the Competition.
      6. Any photographs, videos etc. submitted by the participants/winners to Management or recorded, for or in relation to the Competition shall on submission / creation become the property of Management and shall be available to Management for exploitation across all mediums throughout the world in perpetuity. The participant (s) shall ensure that the photos or videos submitted by them in any public domain, or their interviews shall not be obscene, vulgar, defaming, denigrating women or children, hurting religious sentiments, depicting violence or shall not infringe the rights of a third person. The participant(s) shall solely remain liable for any action (criminal/civil) arising therefrom.
      7. Acceptance of these terms & conditions by the participant constitutes permission for Management, including its affiliates, to click photographs, record videos of the participant (s) and use the participant (s) name, photographs, likeness, voice and comments for advertising and promotional purposes in any form of media worldwide for purposes of advertising and trade without any additional compensation whatsoever.
  12. Privacy
      Participant agree that personal data submitted with an entry, including name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used by management and its affiliates for the purposes of conducting and administering the Competition. By entering the Competition, participant agree to the transmission, processing, disclosing and storage of this personal data by management and its affiliates. All personal information that is collected from the participant is subject to Company’s Privacy Policy, located at: Privacy Policy
  13. Warranty and indemnity:
      1. Participant warrant that their project submission/idea is their own original, authentic and genuine work and, as such, they are the sole and exclusive owner and rights holder of the project submitted and that they have the right to submit the project in the Competition and grant all required licenses. Each Participant agrees not to submit any project that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law
      2. To the maximum extent permitted by law, Participant indemnifies and agrees to keep indemnified Company and its Management at all times and to fullest satisfaction of Company, from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Participant agrees to defend, indemnify and hold harmless Management from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from: (i) any project submission or other material uploaded or otherwise provided by Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Participant in connection with the Competition; (iii) any non-compliance by Participant with these Terms; (iv) claims brought by persons or entities other than the parties to these Terms arising from or related to Participant’s involvement with the Competition; (v) acceptance, possession, misuse or use of any prize or participation in any Competition-related activity or participation in the Competition; (vi) any malfunction or other problem with the Competition Website in relation to the entry and participation in the Competition by Participant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Competition by Participant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Competition by Participant.
  14. Forum and recourse to judicial procedures:
      1. Any dispute or difference either in interpretation or otherwise, pertaining to the Competition, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in Mumbai and the language shall be in English. This Competition is governed by the laws of India, and the courts in Mumbai will have exclusive jurisdiction to try any dispute arising from this Competition. By participating in this Competition, you agree to be bound by the terms of these Terms and by Management’s decisions, which are final and binding on all matters pertaining to this Competition. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Competition are hereby excluded, and Participant expressly waive any and all such rights.
      2. Notwithstanding anything contrary contained herein, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information, or to preserve the status quo pending arbitration.
  15. General terms and conditions
      1. Management reserve the right with respect to the decisions of the selection of the Participant and the selection/ declaration of the eventual winner and the same shall be final and binding on all the Participants and in no event shall the Participants dispute such decision(s).
      2. Management reserves the right in its sole and absolute discretion to amend, alter, modify, change, vary or terminate the format, any terms and conditions mentioned and accordingly the Terms for participation / selection, participant(s) eligible for selection, timelines, Terms and Regulations, and/or Competition format at any time, during the Competition period, without giving any prior notice to the Participants and it shall be the sole responsibility of the Participants to check the Terms from time to time. The participants by participating in the Competition, agree to such amended Terms. In case any portion/clause of these Terms is deemed invalid or becomes unenforceable, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of the Terms shall be valid and binding with full force.
      3. Management and their respective affiliates, officials, employees, representatives, directors or any other person shall not be liable to indemnify the Participants / Participant from and against any claim, loss, injury, mental or emotional trauma suffered by the participants / participant, in any manner whatsoever.
      4. The Participants / participant to the extent permissible in law, shall not in any circumstances make any claims against Management/Company, (including but not limited to its divisions, subsidiaries, employees, respective agents , representatives, directors and/or its affiliates) arising out of or relating to any and all costs, injuries, for any kind of losses, damages, costs or injuries of any kind, including due to any problems caused by technical disruption and/or failure, server problems or any other difficulties.
      5. In the event any of the Participant(s) are unable to participate, attend or appear in the Competition, for any reasons whatsoever, Management has the right to at its discretion anytime to replace or bring in new participant(s), as deemed fit and necessary by Management.
      6. Further, Management shall be entitled to, at its discretion, any time during the Competition period, to re-introduce the eliminated Participants and/or re-introduce fresh individuals/participants during any stage of the Competition format.
      7. The mere participation in the Competition does not entitle or assure any kind of gratification/award to the Participants / Participant.
      8. Management reserves the right to terminate and/or postpone the Competition without giving any prior notice to the Participants / participant. Such decision shall be final and binding on the Participants / participant and the same shall not be disputed and/ or challenged in a court of law.
      9. Participant / participant(s) agree and acknowledge that nothing contained in these Terms will be deemed to constitute a grant of license/ assignment and/or transfer of any rights in and to the Competition format or Competition whatsoever from Management in Participants / participant’s favor. The Terms shall be available on the Website/Platform to ensure that no Participants /participant is misled, and every Participant understands the entire process and the other terms and conditions mentioned herein prior to participating in the Competition.
      10. Participants / participant specifically agrees and acknowledges that any disputes or claims shall be resolved individually, and the participant(s) agrees to not file by resort to any form of class action and/ or through any family member and/or third party applications, criminal and/ or civil proceedings in any courts or forums against Management, their directors, employees, officers, affiliates or subsidiaries to claim any damages. Under no circumstances will Management be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
      11. Management shall not be responsible for any errors or omissions in the terms and conditions contained herein. All information provided is provided “AS IS” without warranty of any kind. Management makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Participant(s) and/or any third party including, without limitation, warranties as to efficacy, accuracy, timelines, and completeness for any particular purpose.
      12. Management reserves the right to suspend any of the Participant(s) in case it has reasonable grounds to conclude that the individual(s) have been alleged in any public domain and/or social media websites for any misconduct, sexual harassment, physical abuse, racial activities, coercion in any form, criminal cases or any other reasons which may be tantamount to general misconduct.
      13. By participating in the Competition, to the extent permissible under law, it shall be construed that the Participant(s) has hereby expressly or irrevocably waived his/her right to raise any dispute with regard to the Competition or attempt to restrain or injunct or enjoin, the development, execution or exploitation of the Competition and/or the continuance of the Competition.
      14. Participant(s) acknowledges and agrees that the relationship between the Participant(s)and Management is not a confidential, fiduciary, agency, or other special relationship.
      15. The Participant(s) shall comply with all the applicable laws of India. The Participant(s) shall also comply with the Terms including the terms and conditions of the Website(s).
      16. The terms & conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising shall be referred to a sole arbitrator appointed by Management, in its sole discretion, and shall be governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The venue for arbitration shall be Mumbai. Management shall be entitled for compensation including any attorney’s fees incurred in Competitioning such a dispute.
      17. Management reserves the right to modify, alter or amend the format of the Competition, the Terms for selection of winner for each Level or any other Terms and regulations at any time, at its discretion, during the Competition period. Management will not be liable and will not entertain any queries related to the same.
      18. By participating in the Competition, it is deemed that the participants / participant(s) have read, understood, accepted and agreed to abide with all the Terms and conditions of Competition as mentioned herein and is unconditionally bound by the terms of use, privacy, and terms of the Competition as uploaded on the Website www.mirchispellbee.com/sbilife Management shall not be answerable to any person with regards to any of the Competition processes including but not limited to the calculation of scores, time taken for answering, systems and processes of selection or elimination etc.
      19. The Terms and conditions in relation to the Competition as stated herein, is an electronic record in terms of Information Technology Act, 2000 (“Act”) as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
      20. The Participant agrees that he/she has not been convicted or is otherwise involved in any criminal offence and/or is not under an inquiry or trial by the police or judiciary which has not been disclosed to Management in writing, that the Participant is/are not required to be present before any authority including police or any court of law during the event dates informed by Management and has no other disability which would prevent his/her participation in the Competition.
      21. The Participants acknowledge that he/ she has voluntarily chosen to participate in the Competition at his/ her free will and is willing to bear all risks, costs, and consequences arising from such participation. It is a condition of entry and participation in the Competition that the Participants have not entered into any contractual, commercial, agreement (including but not restricted to recording, performing and/or merchandising contracts) or other arrangements for e.g. with a management or an individual to act as the Participant’s manager in respect of his/her abilities to participate in the Competition or the products thereof or in respect of his/her name, likeness, image or biography which might be in breach of the Terms or otherwise prevent the participants from participating in the Competition or the broadcast, publication, promotional activity, exploitation thereof.
      22. Participation shall not be transferable.
      23. Employees, sponsors, officers, directors, agents and Management (including their immediate family members) of Company and its affiliates across the globe, advertising agency, process advisors and evaluators, contract employees/ staff, partners, their affiliates, subsidiaries, group companies, independent contractors to the Company (including associated teachers) are not eligible to participate in the Competition and shall be referred to individually as Ineligible Person. Management reserves the right to disqualify a participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Producer/Management or any of Management’s sub-contractors and vendors of the Competition, and/or in the information stated in the documents provided by the Participant.
      24. The Participant shall undertake, warrant and guarantee to Management that the participant has full legal capacity to participate in the Competition in accordance with these Terms & Conditions.
      25. By registering for the Competition, the Participant represents that he/she is medically fit and does not have present or past psychological ailments. If in the past he/she had any psychological ailment or have been under medication for any psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to Management in writing along with a copy of the certificate from a qualified medical practitioner declaring him/her to be fit for participation in the Competition.
      26. Participants will not be confirmed for the Competition if they are suffering from any kind of ill health, medical problems (i.e. heart ailment, blood pressure, final stages of pregnancy, etc.). It is the responsibility of the Participants to be medically fit for participation.
      27. Each participant is also required to refrain from wearing any clothing items bearing designer or sports logos or bearing the names or likeness of a celebrity/imminent personality, living or dead, during the shoot, recording of the participation to the Competition. The participants are also not permitted to wear or mention any competing names of competitors of the Management of Competition.
      28. On providing the email address, phone number for registration, it is assumed that the person has provided the permission to send mails/messages to reach him/her during and post the Competition.
      29. All personal details and information requested by and supplied to Management by each Participant must be truthful, accurate and in no way misleading. Management reserves the right to disqualify any Participant(s) from the Competition in its sole discretion, should the participant(s) at any stage supply untruthful, inaccurate or misleading personal details and/or information.
      30. In the event of any fault, misunderstanding or dispute concerning any part of the Competition, and/or the operation of the Competition, the selection of Winner at any stage, or the validity of any question or answer options, the decision of the Management shall be final and binding on all Participants and other persons. The Management is empowered to take a decision on any case or instances not covered by the present Terms
      31. By entering into the Competition, the Participants (individually) waives all copyrights, rights of publicity and any related rights and consents to Management’s right to picture, tape, record or portray him/her as a Competition winner, and to exhibit this material (including the details of App developed during the Competition) in any and all media now existing or hereinafter created, including without limitation television, film, radio and print media, without any compensation whatsoever for advertising and publicity purposes, except where prohibited by law. The Participants / participants also consent to Management’s right to use participant’s (his/her) name, voice or picture, or the content of his/her participation, details of App developed (collectively referred to as “Publicity Rights”), and waives any further claim against the Company/Management in this respect. Management can allow to its agencies to exercise/exploit the Publicity Rights in conjunction with Management.
      32. Efforts will be made to adhere to the defined timelines. However, this Competition shall be subject to force majeure (including but not limited to strike, war, act of god viz; storm/fire/flood, pandemic, lockout, etc.), events and on occurrence of such an event, the Competition may be withdrawn, modified, abandoned, and/or postponed at the sole discretion of the Management. The defined timelines are subject to change based on circumstances, including but not limited to governmental guidelines/orders/notifications pursuant to COVID-19. It is expressly provided that Management reserves the right to change the dates and timelines at its sole discretion.
      33. Using of false names/ identities (impersonation), illegal/false mobile numbers, fake email addresses and/or any other illegal means either online or in hard copies shall be considered as suppression of facts and if Management has to suffer of any adverse consequence in this respect, the Participant/s shall be subject to civil and/or criminal actions for the same, as Management may deem fit.
      34. By participating in the Competition, Participants provide their consent to Website (Platform) usage terms and conditions, privacy policy.
      35. Management has the right at any time to require proof of identity and/or eligibility. The failure to provide proof or affidavit of eligibility, including the proof of name, address and correct date of birth within the time as stipulated in the Terms or upon request by Management may result in disqualification. Management also reserves the right to disqualify a participant in case where a discrepancy is found to exist in the information furnished/provided/stated by the participant during the conversation with Management or any of Management’s sub-contractors and vendors in the Competition, and/or in the information stated in the documents furnished by the participant or at any time.
      36. The Participant unconditionally and irrevocably releases the Management from any claim arising out of the usage of the stories pertaining to Competition or publications of Competition/Participants, by the Management through various means, including advertising or publication in any form or mode. The Management shall have no obligation towards the Participant and shall not be held responsible with respect to any advertising or promotional material which the Management may create and disseminate regarding participation in the Competition. The Participants shall not be entitled to any compensation or other rights or benefits against such promotional usage by the Management.
      37. The Participant shall be required to ensure that the applicable laws of India don’t restrict/prohibit them to participate in this Competition. This Competition shall not be applicable to those states of India, which prohibit the participation in this Competition.
      38. If at any point, it is determined by Management that any person has tampered with the Website, or any data / servers / database / etc. related to the Competition, Management reserves the right at its discretion to revoke or awards/prizes/gratification/rewards of any such participants and / or initiate litigation as deemed fit and necessary by Management.
      39. The Participant agrees and undertakes not to attempt to gain unauthorized access to the site, other accounts, computer systems or networks connected to any server through hacking, password mining or any other means.
      40. The Participant agrees and undertakes not to obtain or attempt to obtain any materials or information stored on the Platform, its servers, or associated computers through any means not intentionally made available through the Platform.
  16. Participants Communication
      

      Participants hereby explicitly consent to receive email, telephone, WhatsApp or text messages from Company for the purpose of providing alerts and information related to the Competition and or related services/offerings of the Company during/after the Competition. This consent shall override any registration Participants may have made in the National Do Not Call Registry.

  17. Disclaimers
      1. Management has no obligation to screen information submitted and is not responsible for monitoring information submitted, to prevent violation of intellectual property ownership rights of anyone including third parties, or violations of any law, rule or regulation.
      2. The Website/Platform is provided on an "as-is" basis without any warranties of any kind. To the fullest extent permitted by applicable laws, Management disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness, serviceability, success, results for a particular purpose and non-infringement in respect of the Competition, and Website. Without limiting the foregoing, Management specifically disclaim any warranty (a) that the Website/Platform will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components that exist on the Website (d) regarding the security of information submitted, and (e) regarding correctness, accuracy, or reliability. If due to Participant’s use of the Website/Platform, online entry form results in the need for servicing or replacement of Participant Participants or another's equipment or data, Management is not responsible for those costs.
      3. Participation in this Competition is free of cost and all Participant(s) are requested to exercise caution against any person/ entity that demands money, fees or any monetary value or its equivalent for the purpose of Participation. The Management abhors such practices and disclaims all responsibility for the same. The Management shall not be liable to any Participant for any amount paid in this regard to anyone.
  18. Website
      1. Management shall not be under any obligation to participant(s) and participant(s) shall have no rights in relation to the Competition and shall have no claims whatsoever against Management relating to the selection process, gratification or the running of the Competition.
      2. Management shall not be responsible for:
         1. Any delivery, failures relating to the registration or uploading pictures;
         2. not receiving or rejecting any data;
         3. Any lost, late or misdirected computer transmission or network, electronic failures of any kind or any failure to receive entries owing to transmission failures or due to any technical reasons and
         4. Other conditions/situations or failures beyond its control.

For any inquiries or clarifications regarding the Contest or its rules and regulations, participants may reach out to us at Info@mirchispellbee.com