Terms & Conditions
The following principal and general rules are the terms and conditions ("Terms and Conditions") which shall be binding on each and every participant ("Participant" or "You") who voluntarily agrees to apply for the "Star Writers Program" (hereinafter referred as "Program") which is organized by Star India Private Limited ("STAR India/Company").
Rules for the Program:
In order to participate in the Program, the Participants should meet the following criteria, failing which, the Participants shall be disqualified:
- The Participant must be twenty-one (21) years old and above and should have completed their graduation degree;
- The Participant must be a resident and citizen of India.
- The Participant must know how to read, write and speak in fluent and proficient English language;
- In addition to the English language requirement as stated hereinabove, the Participant should have the ability to appropriately read and speak in Hindi language.
If the Participants do not meet all the three criterions specified above, they shall not be entitled to take part in the Program and Star India reserves the right to forthwith disqualify such Participant and his/her Application forthwith.
A. STAGE ONE-Program
- Commencing from January 04, 2019 at 1200 hours India Standard Time until February 17, 2019 at 2400 hours India Standard Time ("Period"), Participants interested in applying for the Program will have to make an account on the Website by entering their mobile number and e-mail address. Each Participant's e-mail ID and mobile number will become their unique identification code. The Participant shall fill up and submit/upload the following two forms (hereinafter collectively referred to as "Forms") available on the Website in the mode and manner prescribed therein before undertaking the main writer's challenge:
- Subsequent to submitting and uploading the abovementioned Forms, Participants shall download and undertake the Writing Challenges (which consists of two sub-challenges (a) The Scene and Dialogue Challenge and (b) The Story Challenge) details of which are available at the Website. After completing the challenge, the Writer shall upload the same on the Website latest by February 20, 2019 at 2400 hours India Standard Time in the mode and manner as prescribed therein (the Forms along with the Writing Challenge duly filled, submitted and uploaded on the Website will be hereinafter collectively referred to as "Application"). After submission of Application, each Participant's email address provided in the Application will receive an email acknowledgement of process completion and Application submission. It is clarified that for the purpose of the Program and to qualify further, it is mandatory that the Participant submits and uploads first the Forms and then the Writing Challenges on the Website in the mode and manner as prescribed therein. The completed Applications have to be submitted on the Website prior to the expiry of the Period. Application which in the opinion of STAR India are incomplete or which are submitted and uploaded in contravention to the terms set out in the Website or which have been submitted after the Period, will not be considered as an Application by STAR India for the purposes of the Program and Star India shall have the right to disqualify such Participant and /or his Application forthwith. For the sake of clarity, the copyright and all rights in and to the Writing Challenges shall vest with STAR India in perpetuity across the world, on all mode(s) and medium.
- The submitted Application will be judged by qualified readers duly appointed by Star India ("Readers"). The decision on the appointment and qualification of the Reader is not open for objection and the same is at the sole discretion of Star India. Each Application will be assessed by a panel of Readers or such other number of readers as may be determined solely by STAR India. The decision taken by the Reader and/or Star India shall be irrevocable, final and binding upon the Participants. At the time of rejecting an Application, a generic rejection email shall be communicated by STAR India by way of email to the email address provided by the Participant in the Application informing the Participant that the Application has been rejected.
- The result of the Program will be published on the Website tentatively in or around early or mid-May, 2019, or as may be deemed fit by Star India at its discretion. Out of the total Applications received during the Period (i) a maximum number of 70 (Seventy) Participants (excluding Star India employees, dependents and close relatives) and (ii) a minimum number of 15 (Fifteen) Participants which shall mean, include and be limited to only Star India employees, dependents and close relatives participating in the Program, will be selected and short listed by the Readers and/or Star India on the basis of the information provided in the Forms and the originality, quality of writing skills, creativity and innovativeness exhibited in the Writing Challenge (hereinafter collectively referred to as "Shortlisted Participants"). Star India reserves the sole right to change the number of Shortlisted Participants (excluding Star India employees, dependents and close relatives) at its sole discretion and the Participants shall not challenge such decisions of Star India.
The Participant agrees and undertakes that all information provided in the Form(s) is true, correct and factual. In case any information provided in the Forms turns out to be false or incorrect, Star India has the right at its sole discretion to disqualify the Application and the Participant shall not be entitled to object to the same.
B. STAGE TWO- WORKSHOP
- The Shortlisted Participants shall attend a 03 (three) day workshop to be organized and conducted anytime between late May or early June, 2019 or as may be deemed fit by Star India at its sole discretion. Such workshops shall be conducted by person(s) as selected by STAR India, to be held in Mumbai and/or at a location decided by STAR India at its sole discretion ("Workshop") The Workshop shall consist of learning/training modules as well as written tests and a panel interview. The schedule or the pattern of the Workshop may be changed by STAR India, at its sole discretion.
- A personal interview of each Shortlisted Participant shall be conducted by a panel consisting of representatives from Human Resource and Business team of Star India and/or any other representatives, as determined by STAR India as it may deem fit. STAR India shall bear the travel and accommodation costs of the Shortlisted Participants appearing for the Workshop, as it deems fit in its sole discretion, which shall be final and binding on the Shortlisted Participants. In the event the Shortlisted Participant(s) are unable to travel or remain present at locations specified by STAR India for the purposes of the Workshop (in part or whole), then such Shortlisted Participant shall be forthwith disqualified forthwith at STAR India's discretion.
- Upon completion of the Workshop, a panel of representatives appointed by STAR India shall out of the Shortlisted Participants who have mandatorily attended the Workshop shall on the basis of the Shortlisted Participant's performance /interaction during the Workshop, their writing skills , creative thinking or any other parameter as deemed fit by Star India , select and shortlist the top fifteen (15) to a maximum number of twenty (20) participants at its sole discretion who shall have the right to attend the Course as detailed below ("Finalists"). The list of the Finalists shall be posted online on the Website on or around early July, 2019 as may be deemed fit by Star India at its discretion. The finalists will also be contacted by STAR India to inform them about their selection. The final number of Finalists shall be solely determined by STAR India.
C. STAGE THREE - COURSE
- The Finalists shall be eligible for a 7 (seven) month long training program to be conducted by Star India which shall be inclusive of an internship program, at any location anywhere in India as deemed fit by Star India at its sole discretion, this shall be collectively referred to as “Course”. This Course shall begin anytime between early-August,2019 or mid-August 2019 and shall tentatively end in February 2020 or any other period as may be deemed fit by Star India at its discretion (“Course Period”). The Course shall be conducted by a representative of Star India along with any other qualified person as selected by STAR India at its discretion. The structure and pattern of the Course shall be designed by STAR India.
- To be eligible to participate in the Course, each Finalist shall execute such agreements, documents as may be required by STAR India, from time to time. It is hereby agreed and confirmed by the Participant that any content (literary works and/or artistic works at any stage of development) developed by the Participant/s during the Course and the Program shall be deemed to be a work-made-for-hire/ commissioned at the instance of STAR India and each Finalist undertakes to execute necessary documents, agreements and take all steps to give effect to this understanding, as per the requirement of STAR India. In the event a Finalist does not execute documents, agreements, as per the requirement of STAR India, STAR India reserves the right to disqualify such Finalist.
- The Finalists agree to adhere by all the instructions given by the Course instructor/guest lecturer(s)/STAR India. Without prejudice to the foregoing, each Finalist undertakes to adhere to any guidelines, policies of STAR India during the time of his/her internship as part of the Course.
- The Finalists will be paid a monthly stipend during the Training Period provided that the Finalist continues to be eligible for the Training Program.
- The Training Program will be followed by a 2 (two) month Internship from a period anytime during the months of December, 2019 and January, 2020 at STAR India where the Finalists shall be paid a monthly stipend per month during Internship (the amount of remuneration payable during Training Period and Internship period shall be collectively referred to as "Stipend"). The Internship is subject to the Finalists executing agreement and other documents with STAR India, as per the requirement of STAR India. The Finalist understands that Star India shall not be responsible to pay for any cost, expenses, taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, except as specified herein, and if applicable, Finalists agrees and understands that the same shall be solely borne by the Finalist(s) in the entirety.
- STAR India's decision with respect to all aspects of the Program, Course, and the stipend amount shall be final and binding on the Finalists. In the event that the Finalist(s) raise any objection with respect to the foregoing, such Finalists shall immediately be disentitled from participating in the Course further and shall be disqualified from the Course at the option of Star India.
- Star India reserves the right to terminate the arrangement with the Participant anytime either during the Workshop, Course, without providing any reason for such termination. Notwithstanding anything to the contrary. STAR India reserves the right to disqualify any Finalist during the Course, if in the opinion of STAR India, such Finalist is not found suitable or eligible. In consideration of the huge monies, resources and time invested by Star India in providing the Finalists with an opportunity/platform to be associated with the Course, professional training and expertise for enhancement of their writing and /or creative skills and showcasing their talent /skills, the Finalists shortlisted for this Course shall not be entitled at any point of time during the Course Period and /or the Internship period to leave or discontinue the Course for any reason whatsoever .
D. FINAL STAGE - EMPLOYEMENT
- Upon the successful and satisfactory completion of the Course, any or all Finalists (as the case may be) decided by Star India at its sole discretion shall be offered employment by STAR India, on the terms and conditions as decided by STAR India, subject to the Finalists entering into an agreement with STAR India, as per the requirement of STAR India.
- STAR India shall not be responsible if the Participants are unable to access the Website at any point, and as a result of which, the Participants//Shortlisted Participant/Finalists, lose their chance to be selected at any stage.
- STAR India reserves the sole right and discretion to select or reject a Participant/Shortlisted Participant/Finalist. All decisions of STAR India in relation to the Program including but not limited to, rejection, the Participant not being shortlisted, or any Participant not advancing to any further stage in the Program shall be final and binding on the Participant and such Participant shall not raise any objections in relation to the same.
- STAR India may abandon, cancel, withdraw the Program or change the nature of the Program, at any time it deems fit, without giving any prior notice to the Participant(s).
- The Participant represents and warrants that all writing to be undertaken by the Participant during the Program (at each Stage of the Program) is original and the Participant is the sole author of the same and that the same does not infringe on any third party intellectual property rights and has not been adapted into a motion picture or televised work and/or is not inspired by any work, book, TV Series, Web-series, plays, film etc.
- The Participant shall be solely responsible for their writing during the Program and the consequences of posting or publishing them. In connection with the foregoing, you further agree and undertake that you shall not: (i) use material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (ii) publish falsehoods or misrepresentations that could damage STAR India or any third party; (iii) use material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or offends any religions or communities, or encourages superstition or blind belief or is likely to incite violence or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law and regulations or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
- Once the Participant has submitted the Application, the Participant cannot at any stage of the selection process or thereafter, withdraw from the Program for any reason whatsoever.
- The Participant represents and warrants that the (i) Application and all details provided by the Participant therein are true and accurate; and (ii) Participant has the full right and authority to submit the Application and any literary work submitted as part of the Program, Workshop and/or Course.
- By agreeing to these Terms and Conditions, the Participant has waived his/her moral rights; and the right to raise any dispute(s) with regard to the selection process or the Program.
- The Participant represents and warrants that he/she is a citizen of India, residing in India and above 21 years of age. Documentation to validate the foregoing is mandatory and the Participant shall provide the same to STAR India as and when requested for. For clarity and avoidance of doubt, proof of age shall be validated by the following documentation: 10th Class leaving Certificate/ School certificate/ college leaving certificate and/or any other identification or professional documents which should be made available to Star India as and when called upon to produce.
- The Participant represents and warrants that he/she does not have any criminal conviction or an arrangement or other contract that prevents the Participant from participating in the Program.
- The Participant agrees to do any and all acts and execute any and all documents in such manner and at such locations as may be required by STAR India in STAR India's sole and absolute discretion.
- STAR India reserves all rights to make amendments to the existing rules without prior or subsequent notice, and the Participant agrees that the Participant shall be bound by such revised rules.
- Non-conformation by any Participant of the Terms and Conditions or any part thereof will immediately disqualify the Participant. STAR India shall not be responsible for breach by a Participant of the Terms and Conditions and such Participant shall indemnify STAR India against any claims received due to such breach of the Terms and Conditions.
- The Participant confirms and undertakes that he/she shall not furnish any materials as part of the Program /Application/Course or otherwise, which belongs to another person and to which the Participant does not have any right to; is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; or violates any law for the time being in force; deceives or misleads the addressee about the origin of such material or messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- STAR India shall be entitled to invalidate the participation of a Participant in the event of any fraud, dishonesty or any non-entitlement for participation of the Participant under these Terms and Conditions.
- The Participants/Finalists agree that they shall make themselves available, if required by STAR India and co-operate with STAR India and participate without any objection/ demur in any activity and/or campaign ("Promotional Activity") of any nature whatsoever without any money payable to the such Participants/ Finalists. The Participants/ Finalists shall not at any point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Participants/ Finalists agree that footage, if any, of any nature with regard to the Participants/Finalists shall vest with STAR India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity. Participant/ Finalists hereby agrees to grant a no objection and a license for use of his photographs, name, biography and likeness to Star India.
- The Participant shall at all times comply with applicable laws, rules and regulations including the Terms and Conditions and Rules and Regulations of this Program.
- The Participant(s) shall not, at any time during the Program or after its completion make any defamatory, derogatory statements about STAR India and/or its business.
- You undertake, represent and warrant that you shall adhere to all applicable laws and the policies of Star India as informed to you from time to time. You shall ensure that you shall at all times adhere to all applicable laws in the territory, including but not limited to the anti-corruption and anti-bribery laws and applicable provisions of the Foreign Corrupt Practices Act of United States of America and UK Anti-Bribery Act etc. You shall comply with all applicable laws and regulations and the Foreign Corrupt Practice Act of the United States of America and UK Bribery Act. You further agree that you shall not make any payment or transfer anything of value, directly or indirectly to: any governmental official or employee including employees of government-owned and government-controlled corporations and public international organizations); any political party, official of a political party, or candidate for public office; any intermediary, including, but not limited to, agents or family members of government officials, for any reason whatsoever.
- The terms of these Terms and Conditions shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Program or other matter pertaining to these Terms and Conditions 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, and the arbitration shall be held in the English language. The decision of the sole arbitrator in this regard shall be final and binding on the aggrieved Participant. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the Participant who has raised the dispute.
- Subject to the provision of Clause 36 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 reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.
- By entering the Program, each Participant(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any gratification, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Program (if any). Notwithstanding the foregoing, under no circumstances will STAR India 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.
- STAR India shall not be responsible for any disruption technical or otherwise any delay/failure/ server problems and/ or any other difficulties of such nature, due to which the Participants are unable to make/ complete/ submit the Application.
- All costs and expenses in relation to the participation in the Program shall be borne solely by the Participant unless otherwise expressly mentioned herein. STAR India shall in no manner bear any responsibility or liability for any delay or other eventuality that results in the Participant being unable to complete the Application within the Period stated above.
- All the Personal Information provided by the Participant shall be complete, proper and accurate.
- Warranty Disclaimer
You agree that your use of the Website, participating in the Program, Workshop and the Course shall be at your sole risk. To the fullest extent permitted by law, STAR India, including its affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Program, Website, Workshop, Course and your use thereof. STAR India makes no warranties or representations about the accuracy or completeness of content of this Website or the content of any websites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Website, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
STAR India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant(s) in any manner whatsoever, in relation to the Program and/or any matters arising out of the Terms and Conditions.
You have the rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request Star India to correct or amend the Personal Information, to the extent deemed feasible by Star India; and (ii) withdraw the consent provided under these Terms and Conditions. Provided that Star India shall not be liable for any collection, receipt, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend my Personal Information, Star India shall be entitled to disqualify your entry and/or participation in the Program, as deemed fit and necessary by Star India at its sole discretion.
You agree to defend, indemnify and hold harmless STAR India, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website, your participation in the Program, Workshop and/or the Course;(ii) the contents of the Application uploaded and submitted by you and any third party claims arising out of the same (iii) your violation of any term of these Terms and Conditions (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your writing caused damage to a third party; or (v) if any representation, warranty or Personal Information made by You turns to be untrue, false and in accurate. This defense and indemnification obligation will survive the efflux of time.
The Participant(s) shall not in any circumstances make any claims against STAR India, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults in the network and /or connections or directly or indirectly due to their participation or non-participation in Program or any reasons/manner connected with these Terms and Conditions.
- Ability to Accept Terms and Conditions
You affirm that you are either 21 years or more of age and have read and understood the entire content of the terms and conditions and accept the same. You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by you, but may be assigned by STAR India, without restriction.
(i) If any provision of these Terms and Conditions is deemed invalid by any law or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and STAR India's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. STAR India reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
(ii) The Participant(s) acknowledges that the representations and warranties, indemnities, Governing Law, dispute resolution, warranty disclaimer shall survive the efflux of time.
(iii) Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and STAR India.
(iv) The Participant(s) acknowledges that in case the performance of this Program and/or availing the gratification cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of STAR India then such non-performance or failure shall not be deemed as a breach of these Rules and Regulations/Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Course/any such gratification and/or participation of a Participant(s) forthwith and such decision shall be final and binding.