"The Avatar Contest" Rules and regulations

"The Avatar Contest" ("Contest") will be held on STAR Movies ("Channel") as stated here under:

1. The Contest will be held from December 10, 2009 at 00:00 hours IST and shall end on December 21, 2009 at 23:59 hours IST ("Period") on the Channel.

2. The Channel shall during the Period, display astons at regular intervals inviting viewers to participate in the Contest by sending a SMS to 57827. The aston will state the manner and mechanism in which the viewers can participate in the Contest. The information pertaining to the Contest will also be available for the viewers on www.starmovies.in

3. The viewer(s) who is interested in participating and qualifying for the Contest should send an SMS to 57827 with the keyword "ON" followed by the alphabetic code allotted to the multiple choice answer or log on www.starmovies.in and carefully follow the instructions thereafter ("Participants").

4. All entries should be sent during the Period. SMS's sent after the Period shall not be considered and shall be invalid.

5. The viewers who are subscribers of (i) Vodafone or (ii) Airtel or (iii) BPL or (iv) Idea or (v) Reliance Communications or (vi) Spice or (vii) Aircel or (viii) Reliance Telecom or (ix) Tata Indicom or (x) BSNL or (xi) MTNL Mumbai can only participate in the Contest.

6. The cost of the SMS shall be solely borne by the Participant(s). The cost of each SMS shall be charged by the respective mobile operators at rate stated herein below:

Rs. 3: Vodafone, Airtel, BPL, Idea, Reliance Communications, Spice, Aircel, Reliance Telecom, Tata Indicom

Rs. 2: BSNL

Rs. 1: MTNL Mumbai

7. Neither STAR India Private Limited ("STAR India") nor the Channel shall be responsible in case of any network problems such as breakdown of machinery, unclear network, disruption in the network and/or the cost of the SMS charged by the mobile operator. Any dispute in connection to the same shall be settled between the Participant(s) and the mobile operator without involving STAR India or the Channel.

8. STAR India and/or the Channel shall randomly select two hundred (200) winners ("Winner(s)") among the Participant(s) who have answered the question correctly during the Period of the Contest. STAR India and/or the Channel reserve the right to decide the Winner(s) of the Contest.

9. The decision of STAR India and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by STAR India and/or the Channel in connection with the Contest.

10. Each Winner shall win a goody bag approximately worth Rs. One thousand five hundred only which will comprise of merchandise of the film titled "Avatar" ("Prize") sponsored by Star India.

11. In the event, the Winner(s) does not abide to any of the rules and regulations stated in these rules, STAR India and/or the Channel shall be entitled to forfeit the Prize so awarded to the Winner(s).

12. The Winner(s) shall be informed/contacted by the Channel either by SMS/ email /post, as deemed fit by STAR India.

13. By participating in the Contest(s), it shall be construed that the Winner(s) has waived his/her right to raise any dispute with regard to the Contest and/or in any manner whatsoever in connection to the Prize including the brand, quality, value etc., of the Prize.

14. All and any incidental costs direct and/or indirect, in relation to the Prize, shall be borne by the Winner(s) and in no manner whatsoever shall STAR India be responsible for the same.

General Rules

1. The Participant(s) should be citizens of India, residing in India and above 18 years of age to qualify for the Contest.

2. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.

3. The Participant(s) in whose name the mobile number (from which the SMS is sent) is registered with a network operator shall be construed to have sent the SMS. Consequently, the Winner(s) whose name the mobile number (from which the message is sent) is registered with a network operator shall be entitled to the Prize.

4. The Winner(s) must submit to STAR India and/or the Channel a copy of the last two bills issued by the network operator as a proof that the mobile number is registered in the name of the Winner(s) and such other documents that could be furnished as proof that the mobile number is registered in the Winner's name.

5. Proof of age is a must for the Participant(s) and must be submitted to the STAR India / Channel (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).

6. STAR India and/or the Channel reserves all rights to make amendments to the existing rules without prior notice or withdraw the Contest without giving prior notice in connection thereto. It shall be sole be the sole responsibility of the Participants to check the rules and regulations of this Contest from time to time on www.indya.com.

7. Non-conformance by any Participant(s) and/or the Winner(s) of the rules of the Contest and or the terms and conditions stated in the Prize will disqualify them from participation or winnings, immediately, as the case may be.

8. Neither STAR India nor its employees have given a guarantee and/or warranty etc. regarding quality and/or durability of the Prize. Neither STAR India nor the Channel nor its employees shall be responsible for any reason whatsoever in connection thereto.

9. The Winner(s) of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with the Channel and/or STAR India and participate in any activity and/or campaign ("Promotional Activity") of any nature whatsoever without any money payable to the Winner(s). Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) agrees that the footage of any nature with regard to the Winner(s) shall vest with STAR India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

10. The Winner(s) cannot exchange the Prize for another item or cash equivalent. If the Winner(s) refuses to accept the Prize awarded, the Channel and/or STAR India shall be released from all obligations towards the Winner(s) in connection to the Prize won by the Winner(s). Further, after forfeiting the Prize, STAR India and/or the Channel shall be entitled to randomly select and declare another Winner(s), as it deems fit, and award the Prize, to that Winner(s).

11. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) has agreed that the Participant(s) shall hold harmless the Channel, STAR India, its employees, officers or any other person in relation to any injury/damage/harm/loss suffered by the Participant(s), in any manner, whatsoever in connection with the Contest and that the Participant(s) has waived all rights to file in person or through any family member or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Channel and/or STAR India to claim any damages or relief.

12. By participating in the Contest, it shall be construed that the Winner(s) of the Contest has agreed that the Winner(s) shall, at all times, hold harmless the Channel, STAR India, its employees, officers or any other person in relation to any injury/damage/harm/loss suffered by him/her in any manner, whatsoever, in connection with the Prize and that the Winner(s) shall also not file in person and/or through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India the Channel and/or STAR India to claim any damages or relief or otherwise.

13. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of the Channel and/or STAR India, the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, the Channel and/or STAR India cannot be held responsible for the same. 14. The Channel and/or STAR India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Winner(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

15. Employees of the Channel or STAR India, and the members of their immediate family, persons with criminal convictions, persons other than citizens of India, are ineligible to enter the Contest.

16. STAR India and/or the Channel reserve the right to forfeit the Prize in the event it is found by STAR India and/or the Channel that any information provided by the Participant(s) or the Winner(s) is wrong or any misrepresentation is made by the Participant(s) or the Winner(s). STAR India or the Channel shall have the right to declare another Participant(s) as the Winner(s) of the Contest and transfer the Prize to that person.

17. All Participant(s), Winner(s), shall do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or STAR India in its sole discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR India and/or the Channel herein.

18. The participation of the Participant(s) in the Contest shall mean that the Participant(s) has read, understood, accepted and agrees to abide with all the rules including the general rules of the Contest.

19. The terms of this rules and regulations shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Contest shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/Winners(s) who has raised the dispute.

20. Subject to the provision of Clause 19 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief's under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.