India's Best Dancer Voting

INDIA’S BEST DANCER

Brainbees Solutions Private Limited (“Firstcry”) has tied with SPN to provide its website portal as one of the Voting Mechanisms to enable Viewer(s) to vote.

The terms and conditions shall be available on Sony LIV Website - and FirstCry Website -

The Terms and Conditions of and in relation to the Voting Mechanism as stated herein, is an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules thereunder, 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.

The Viewers shall be required to provide basic personal information about them including but not limited to name, address, mobile number and email address to participate in the voting.

By the act of voting and/ or participating in the Voting Mechanism on www.firstcry.com , the Viewer has provided their consent to Firstcry to collect their personal information and pass it on to SPN. SPN shall keep all the information collected confidential. SPN shall ensure that the Viewers if contacted, are contacted by SPN and SPN shall not share the information so collected with any party, save and except for the purpose of the participation. Please refer to Channel’s Privacy Policy and Firstcry’s Privacy Policy that governs the use of your personal information. Viewers participating agree and acknowledge the Terms and Conditions, Privacy Policy and Terms of Use as put up on the website in addition to the conditions set out in this document.

1. Eligibility
   1. During the Voting Period (defined below), Viewer(s) who are residents in India can participate in the voting.
   2. Employees of Sony Pictures Networks Private Limited (“SPN”) and the Producers, Frames Production Company Private Limited (“the Producers”), Firstcry, agents, subsidiaries, representatives, assignees affiliates, the immediate families of the employees of SPN, Firstcry and the Producer as well as the subsidiaries that are sponsoring and/or promoting the Program and others associated with the SPN are not eligible to participate in the voting.
   3. By participating in the voting, the Viewer(s) agrees to be bound by any decisions made by SPN in its sole discretion, including any interpretations of the Terms and Conditions.
   4. The Viewer(s) participating in the voting must have attained the age of 18 (eighteen) years or above.
   5. The Viewer shall be required to provide basic personal information about them including but not limited to name, mobile number and email address to participate in the voting.
   6. In order to confirm the eligibility of the Viewer(s) and if requested by SPN, the Viewer(s) must submit to SPN documents like PAN Card, Aadhar Card, school leaving, college leaving certificate, college graduating certificate, as may be required by SPN. If the Viewer(s) is found to be ineligible, or if they have not complied with these Rules and Regulations, the corresponding vote(s) will be disqualified.
   7. Viewer(s) hereby represent and warrant that Viewer(s) is not under any disability, restriction, or any kind of prohibition, which shall prevent Viewer from performing or adhering to any of the Rules and Regulations herein and have not entered into and shall not enter into any agreement that may violate the Rules and Regulations herein.
2. Voting Period
   1. The voting shall tentatively commence from 3rd October 2020 till 18th October, 2020 (‘Voting Period’). The timings for voting shall begin from 20:00:00 hrs IST till the time and date mentioned in the table below. The Show Management reserves an unconditional right to change the timing of the voting lines as per their discretion.
   2. Below mentioned are the details related to the Voting Period during which Viewer(s) can cast the votes:

      Voting Episode No.	Date	Voting Lines Open	Voting Lines Close
      23 & 24	3rd & 4th Oct. 2020	20:00:00 hrs	23:59:59 hrs
      25 & 26	10th & 11th Oct. 2020	20:00:00 hrs	23:59:59 hrs
      27 & 28	18th to 21st Oct. 2020	18th Oct, 2020 20:00:00 hrs	21st Oct, 2020 23:59:59 hrs
      23 & 24	3rd & 4th Oct. 2020	20:00:00 hrs	23:59:59 hrs

3. Voting Mechanism :
   1. During the Voting Period, the Viewers who are citizens of and resident in India, viewing the Program in the Territory as mentioned herein (“Viewers”) can vote for their favourite Contestant(s) or for the Contestant(s) whose performance they like.
   2. Viewer(s) are required to be updated with the Voting Period from time to time. SPN reserves the right to alter, modify or change the Voting Period at its sole discretion. In the event of any changes, the same shall also be communicated on the Channel. SPN will not be liable for any losses arising out of such changes to the Viewer(s).
   3. Votes received after or before the defined timelines and/or during the no voting weeks shall also be considered ineligible and therefore, shall not be considered.
   4. The Viewers interested in voting can participate by choosing to cast their votes for their favourite Participant as mentioned below:

      - Viewer will have to visit the FirstCry Website , visit the India’s Best Dancer Voting page and click on the Vote button for casting his/her vote through this Voting Mechanism. The Viewer will be required to submit the Mobile number and then enter the One-Time Password to vote for the Contestant(s). The Viewers consent to providing their mobile number and details to register and Vote.

      - The Contestants page will list the images and names of the Contestant(s) in a particular Voting period.

   5. The Viewer has to cast Vote for his/her desired Contestant(s) against his / her image and name to save him/her from eviction.
   6. Only a maximum of 50 votes per Voting Period per mobile number and/or email ID will be allowed through the Viewer’s Android and/or IOS Device via any or both the Voting Mechanism . However, for the sake of abundant clarity, the Viewer shall be free to vote for multiple Contestants during the Voting Period. User can vote for the Contestant while the voting lines are open. Any votes received after the closure of voting lines shall not be considered. Users can vote for any no. of Contestant and for any no. of times. However, Users have only 50 votes that can be utilized during a day. If the User has cast more than 50 votes (eg. 35 on SonyLIV and 50 on Firstcry) then the first 50 votes as per the time stamp will be considered valid and the rest would be discarded.
   7. The Vote of the Viewer(s) through any of the Voting Mechanism will be deemed to be received when the session is completed and the Viewer receives an acknowledgment.
   8. The Viewer will not be levied any charges to cast the vote via any of the Voting Mechanism, however, the network provider may levy data and other charges to the Viewer, at the applicable rate for using internet connection. It should be verified by the Viewer at his/her sole responsibility. In case of casting vote while roaming in different circle/zone, additional roaming rates for browsing of the internet may be applicable. SPN and/or Channel and/ or Firstcry shall not be responsible for any such charges incurred by the Viewer.
   9. The Viewer shall be required to submit data. Any incomplete, erroneous, or unclear information, shall be considered invalid and deemed null and void and the vote(s) of such Viewer will not be considered.
   10. The Viewers can cast their votes for only those Contestant(s) of the Program who are eligible for nomination or have been nominated or eligible for nomination in that particular episode of the Program. Votes sent for Contestant(s) who are not a part of the nomination shall be considered invalid and null and void. Votes received after or before the Voting Period shall also be considered ineligible for voting and therefore, shall not be considered.
   11. SPN reserves the right to alter, amend, modify or change the Voting Period, show format timelines, number of Contestants eligible for nomination at its discretion and at any time. SPN shall not be liable to any of the Viewer(s) whatsoever.
   12. In the event of any technical errors, SPN and/or Channel and/or Firstcry shall not be responsible for the same. Further, votes received despite or owing to any technical errors shall be considered invalid and SPN shall have the sole discretion in such cases.
4. Criteria
   1. Basis the average of the Votes and Judge’s scores for each Voting period, the top Finalist(s) will be decided.
   2. The Viewer(s) can cast votes for only those Contestant(s) of the Program who are eligible for voting or have been nominated during that particular voting episode of the Program. Votes sent for the Contestant(s) who are not a part of the nomination shall be considered null and void.
   3. SPN reserves the right to modify the timelines, Voting Period, format of the Program at any time, at its discretion during the period of the Program. It shall be the sole responsibility of the Viewer(s) to be updated with the terms and conditions from time to time. Viewers are also required to be updated with the Voting details mentioned during the telecast of the Episode(s).
5. Season Finale
   1. For Season Finale, only a maximum of 100 (hundred) votes, per mobile number per voting episode will be allowed through the Viewer’s Android and/or IOS Device via either or both the voting platforms for a particular Contestant. However, for the sake of abundant clarity, the viewer shall be free to vote for multiple Contestants. The first hundred votes, casted for the Contestant(s) by a Viewer for the particular voting episode taking into consideration for both the voting platforms shall be considered and not the subsequent ones.
   2. The Viewers can cast the votes for the Finalist(s) on 18th October 2020. The Viewers will have 24 hours to cast the votes. It shall be the sole responsibility of the Viewer(s) to be updated with the terms and conditions from time to time. Viewers are also required to be updated with the Voting details mentioned during the telecast of the Episode(s).
   3. For the Season Finale, the winner shall be decided basis the votes casted by the Viewers. The Contestant in the finale with the highest number of votes shall be declared winner of the competition.
   4. The Viewer(s) can cast votes for only those Contestant(s) of the Program who are eligible to win the Season Finale during that particular voting episode of the Program. Votes sent for the Contestant(s) who are not a part of the finale shall be considered null and void.
6. General Terms and Conditions
   1. SPN and/or the Channel and/or the Judges of the show reserve the right with respect to the decisions of the selection and/ or the nomination of the Contestant and the selection/ declaration of the eventual Winner which shall be final and binding on all the Viewers and in no event shall the Viewers dispute such decision(s). Further, the Votes casted for the Contestants through the Voting Mechanism and the judging of the Contestants based on the same are binding on the Viewers and in no event shall the Viewers dispute the same., as
   2. SPN and/or the Channel reserve 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 rules for Voting Mechanism, process of Voting, Contestant(s) eligible for nomination, Terms and Conditions, Period and/or Program at any time, during the Period without giving any prior notice to the Viewer and it shall be the sole responsibility of the Viewer(s) to check the Terms and Conditions from time to time. The Viewer(s) by participating in the Voting Mechanism agrees to such amended terms. In case any portion/clause of these voting rules is deemed invalid or becomes unenforceable, such portions shall be considered divisible and shall not be part of the consideration, and the remainder shall be valid and binding.
   3. The sponsors, if any, Firstcry, the Channel, SPN, its affiliates, its officials, its employees, its representatives, its directors or any other person shall not be liable to indemnify the Viewer from and against any claim, loss, injury, mental or emotional trauma suffered by the Viewer, in any manner whatsoever.
   4. The Viewer(s), shall not in any circumstances make any claims against SPN, Channel, their divisions, their subsidiaries, Firstcry, their employees, their respective agents and representatives, directors and 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 Contestant(s) and/or the Judges and/or any celebrities, host(s) or performer(s), as the case may be, are unable to perform, attend or appear on the Program, for any reasons whatsoever whatsoever including but not limited to any kind of injury, getting infected to any disease or being under the risk of getting infected to any disease, government mandated lockdowns etc., SPN has the right to, at its discretion anytime replace or bring in new Contestant(s), celebrities, mentors, hosts or performers, and/or disqualify or suspend any such Contestant(s), celebrities, mentors, hosts or performers, as deemed fit and necessary by SPN. Viewer(s) are advised to be updated with the Program by viewing the Program time to time.
   6. Further, SPN and/or the Channel and/or Judges shall be entitled to, at its discretion, any time during the telecast of the Program, to re-introduce the eliminated contestants and/or re-introduce fresh individuals/contestants during any stage of the Program. Viewer(s) also acknowledge and agree that SPN and/or Judges may at their discretion eliminate any Contestant(s) at any time during any stage of the Program without being liable for any reasons whatsoever.
   7. The participation in Voting is merely to enable the Viewers to vote for their favourite Contestant and does not entitle any kind of gratification to the Viewer(s).
   8. SPN reserves the right to terminate, delay, reschedule, and/or postpone the telecast and/or production of the Program, voting of the Contestants and/or any other elements related to the Program, without giving any prior notice to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and the same shall not be disputed and/ or challenged in a court of law.
   9. In case of events beyond the reasonable control of SPN, including but not limited to (1) acts of God, (2) war, including armed conflict, (3) strikes or labour disputes, (4) an epidemic or pandemic, (5) government regulation or advisory (including travel advisory warnings), (6) civil disturbance, (7) terrorism or threats of terrorism as substantiated by governmental warnings or advisory notices, (8) curtailment of transportation services or facilities which would materially affect Contestants or other members related to the production of the Program (9) disaster, fire, earthquakes, hurricanes, (10) unseasonable extreme inclement weather, (11) shortages or disruption of the electrical power supply causing blackouts or rolling blackouts or other essential utilities or (12) any other cause reasonably beyond SPN'S control (collectively referred to as "occurrences"), making the program commercially impracticable, impracticable for Contestants to perform, illegal, or impossible for the Contestants to perform, then SPN reserves the right to modify the show format, change the voting format or voting medium, cancel the voting, delay the voting, conduct a re-voting or disqualify the voting received in the manner it deems fit. Such decision shall be final and binding on the Viewer(s) and the same shall not be disputed and/ or challenged in a court of law.
   10. Viewer(s) agree and acknowledge that nothing contained in these Terms and Conditions will be deemed to constitute a grant of license/ assignment and/or transfer of any rights in and to the Voting Mechanism, Program whatsoever from SPN in Viewer’s favour. The Terms and Conditions shall be available on the FirstCry Website and the Sony LIV Website to ensure that no Viewer is misled and understands the entire process and the other terms and conditions mentioned herein prior to participating in the voting process.
   11. The Viewer specifically agrees and acknowledges that any disputes or claims shall be resolved individually and the Viewer 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 SPN and/ or the Channel, Firstcry, their directors, employees, officers, affiliates or subsidiaries to claim any damages. Under no circumstances will SPN and/or SPN entities and/ or Firstcry 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.
   12. Viewer(s) agree and irrevocably acknowledge that SPN shall have the sole and exclusive right including but not limited to intellectual property rights (copyrights and trademarks) and other proprietary rights in and to the format of the Program, Voting Mechanism and all its components whatsoever.
   13. Viewer(s) undertake that the Viewer(s) shall not violate the rights of any third party including but not limited to privacy rights, copyrights, trademark or any other intellectual rights; shall not upload, store, collect, transmit or cause the upload, storage, collection, transmission, of any information through the website(s) which violates any applicable laws, including, inter alia, belonging to another person; or is harmful, harassing, blasphemous, defamatory, obscene, invasive of other’s privacy, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, harms minors in any way, violates any law for the time being in force.
   14. Viewer(s) agree that Viewer(s) shall not indulge in any kind of activities like spamming or either directly or indirectly, reverse engineer, decompile or disassemble, make any enhancements, modifications, customizations, changes, additions, translations, deceive or mislead about the origin of such messages which is grossly offensive or menacing in nature, or allow any kind of unfair practices such as multiple votes and affect the transparency of voting, SPN reserves the right to take appropriate action including criminal action in such an event.
   15. Viewer(s) shall not attempt to gain unauthorized access to the viewers’ accounts, Servers or networks connected to SPN services or Firstcry by any means including but not limited to disrupt SPN services or Firstcry services by uploading content which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource. Viewer(s) agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support SPN or SPN services or Firstcry services. Viewer(s) shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.
   16. Viewer(s) agree to not use the (s) or voting for any illegal purpose or in any illegal manner. Viewer(s) agree to not reproduce any copyrighted content including but not limited to store, copy, edit, change, prepare or alter in any way of the content provided on the Website(s). Viewer(s) agree not to misuse any content on the website including the photos of the Contestant(s). Viewer(s) agree to not use the website in any way that violates the Terms and Conditions mentioned herein., as
   17. SPN reserves the right to disqualify the Viewer(s) and/or disregard Viewer’s Vote(s) in case a discrepancy is found to exist in the information provided by the Viewer and/or SPN has sufficient reason to believe there is breach of any of these Terms and Conditions by the Viewer and/or the Viewer has casted votes by any unfair practices and/or it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig/manipulate the voting, at any point in time during the voting Period or otherwise. SPN has the right to substitute an alternative voting method at its absolute discretion.
   18. SPN 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. SPN makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Viewer(s) and/or any third party including, without limitation, warranties as to accuracy, timelines, and completeness for any particular purpose.
   19. SPN shall not be responsible for any break or disconnection or , as disruption and/or liable in any manner whatsoever for any network problem, unclear network, disruption in the network, connection failure, electricity failure, internet service provider, facility provider, or due to capacity constraints or any other reason whatsoever irrespective of the network being used. In addition, SPN shall not be responsible and liable in any manner whatsoever in the event of any failure in the Voting system/Mechanism including without but not limited to voting system, telecom failure, session failure, logging failure, close or any other difficulties of such nature due to which the Viewer(s) is charged by the telecom operator and/ or is unable to participate.
   20. Viewers(s) understand and agree that SPN assumes no responsibility for any error, omission, interruption, defect, theft, unauthorized access, technical failure, network disruption or any other failures for any reasons whatsoever on the FirstCry app.
   21. SPN reserves the right to suspend any of the Judges and/or Contestant(s) and/or the host(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, coercion in any form, criminal cases or any other reasons which may tantamount to general misconduct.
   22. SPN shall not be answerable to any person with regards to any of the voting mechanisms including but not limited to the calculation of votes, systems and processes of voting, selection or elimination etc.
   23. While all attempts will be made to protect the voting data from loss and/or corruption, Viewers agree and acknowledge that all systems are prone to failure and hacking attempts. In the event of any data loss, SPN shall make reasonable endeavors and may disqualify all the votes received or conduct a re-voting or continue with whatever data available in the manner it deems fit. SPN or Firstcry will not be responsible for any damage resulting from the loss of data or action taken by SPN on account of the same. SPN or Firstcry shall not be responsible to make good any loss or dissatisfaction suffered by the viewer on account of such loss.
   24. Viewer(s) acknowledges and agrees that the relationship between the Viewer(s) and SPN and the Channel and Firstcry is not a confidential, fiduciary, or other special relationship.
   25. The Viewer(s) shall comply with all the applicable laws of India. The Viewer(s) shall also comply with the rules and regulations including the terms and conditions of the Website(s).
   26. The Terms and 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 SPN and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai. SPN or Firstcry shall not be liable for any kind of charges and/or expenses in connection to the Arbitration and it shall be solely borne by the Viewer who has raised the dispute.
   27. Subject to the provision of 23 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.
   28. SPN and/or the Channel reserve the right to modify, alter or amend the format of the Program, no. of votes each Viewer can cast, the rules for Voting Mechanism or any other rules and regulations at any time, at its discretion, during the telecast of the Program or at any time during the Period. SPN will not be liable and will not entertain any queries related to the same.
   29. The participation in the voting will be construed as an acceptance of providing contact details on the aforementioned websites and the consent to allow SPN to use the contact details for any other use, and or transfer the same to any third party/agencies to collect, maintain and share the same solely for the purpose of use in connection with the present Program or any other allied activity such as marketing connected to the program. Please refer to SPN’s Privacy Policy that governs the use of your personal information. Viewers participating agree and acknowledge the Terms and Conditions, Privacy Policy and Terms of Use as put up on the website www.setindia.com in addition to the conditions set out in this document.
   30. By participating in the Voting process it is deemed that the Viewer(s) have read understood, accepted and agree to abide with all the terms and conditions of voting as mentioned herein and is unconditionally bound by the terms of use and privacy rules of the Program as uploaded on the Website of Firstcry and Sony LIV App.
   31. The Company will not be responsible if the votes of the Viewers do not get registered on Sony LIV app or Firstcry website due to any technical errors and/or any other issues on the Sony LIV app or Firstcry website. The Viewer are advised to go through the terms and conditions on the Sony LIV app or Firstcry website before logging on and casting their votes. The Viewer shall not raise any claims against SPN or Firstcry for any errors and/or omissions and/or any issues of whatsoever in relation to the voting on the Sony LIV app or Firstcry website.
   32. The participation in the Voting by casting votes will be construed as an unconditional acceptance of the stated terms and conditions.
   33. SPN and Firstcry shall endeavor to make all reasonably practicable arrangements to ensure uptime of systems, back-up of data, server capacity and prevent other technical impediments, but can make no guarantee thereof and shall not in any manner be responsible for any technical problem with the internet and by participating in the present voting, the Viewer(s) agrees not to hold the Company or Firstcry liable for any such technical problem or shall have any claim in this regard.
   34. SPN or Firstcry shall not be answerable to any person with regards to any of the Voting Mechanisms including but not limited to the calculation of votes, systems and processes of voting, selection or elimination etc.
   35. By participating in the Voting Mechanism, to the extent permissible under law it shall be construed that the Viewer(s) has hereby expressly or irrevocably waived his/her right to raise any dispute with regard to the Program or attempt to restrain or injunct or enjoin, the development, production or exploitation of the Program and/or the continuance of the Voting Mechanism.
   36. The participation in the voting will be construed as an acceptance of providing contact details on the aforementioned websites and app and the consent to allow SPN and Firstcry to use the contact details for any other use, and or transfer the same to any third party/agencies to collect, maintain and share the same solely for the purpose of use in connection with the present Program or any other allied activity such as marketing connected to the program. Please refer to SPN's Privacy Policy and Firstcry’s Privacy Policy that governs the use of your personal information. Viewers participating agree and , as acknowledge the Terms and Conditions, Privacy Policy and Terms of Use as put up on the website www.setindia.com and www.firstcry.com in addition to the conditions set out in this document.
   37. The Show Management reserves the right, in its sole discretion, at any time and at any stage of the judging process, to reject or disqualify any Contestant who is deemed ineligible or for any reason that the Show Management feels is necessary and/or appropriate, including without limitation, if that Participant has not complied with these Rules of the Show, the Show Management determines he/she is attempting to undermine the legitimate operation of the Show by cheating, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Participant or the Show Management, the Selection Panel, Jury or has interfered, in Show Management's sole opinion, with the proper conduct of the Show.
   38. The Company or Firstcry will not be responsible for any failure, delays / non-availability / downtime of the application service or website service or any other technical or non-technical issue that prevents the voting or interrupts with the voting process.
   39. The Company, Firstcry and its sub-contractors are not responsible for delayed receipt or non-receipt or incomplete receipt or corrupt receipt of votes during voting process.
   40. Company, Firstcry its affiliates, process evaluators and process auditors, contractors, partners and promotion and advertising agencies are not responsible for technical, hardware, software, or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, Web-site, Internet, or ISP availability, 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 viewer's ability to vote, including any injury or damage to Contestants or any other person's computer or mobile device relating to or resulting from participating in or downloading any materials. Company, Firstcry and its organizers are not responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected votes, which will be disqualified. Organizers shall attempt to use commercially reasonable efforts to ensure the security and accuracy of all votes (provided, however, that Participants acknowledge and agree that such methodologies are not infallible, and that the organizers make no guarantee as to their effectiveness).
   41. While reasonable precautions are being taken, in case of loss of data, the Company shall proceed with the Voting Process in the best way possible and no questions regarding the same shall be entertained.
   42. A Viewer may not be able to cast votes in the event the Viewer is travelling outside India. Firstcry shall not be responsible for the Viewer not being able to access Firstcry Firstcry website or Sony Liv app and/or the Viewer not being able to cast their vote in such situations.
7. Indemnities
   1. The Viewer and their legal heirs hereby shall hold harmless and indemnify the Show Management, the Company, Firstcry, affiliates, group companies, partners, sponsors, process advisors and evaluators, process partners, its agents, representatives, its employees, officers, and directors. contractors, partners or other persons used by them in relation to this Show and hold them harmless against any loss, claim, demands, costs, damages, judgments, expenses or liability (including legal costs) arising out of or in connection with any or all claims, that may be brought against the Company, Firstcry, Show Management, or by any third party in connection with the Contestant’s participation in the Show, winning the Show, or awarding or the use or misuse of any prize and shall reimburse the Company, and/or the Show Management for any loss, costs, expense, or damage to which said indemnity appliesAny conflict related to various provisions and interpretation of these Rules will be addressed by the Show Management. The decisions of the Show Management shall be final and binding.
   2. If Viewers are unclear as to these Rules or any element of the voting process, they can write in with their questions, concerns or queries to livsupport@setindia.com. The Company shall make efforts to respond to the e-mail on a best-effort basis, however shall not be held responsible in the event that no response is received. In case no response is received, the same shall not be used as a ground to extend timelines for any category.
8. Disclaimers
   1. Show Management or Firstcry has no obligation to screen information submitted and is not responsible for monitoring information submitted, to prevent violation of intellectual property ownership rights, or violations of any law, rule or regulation.
   2. The Firstcry website is provided on an "as-is" basis without any warranties of any kind. To the fullest extent permitted by applicable law, the Company, Firstcry and the Show Management disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement in respect of the Show, App and website. Without limiting the foregoing, the Company, Firstcry and the Show Management specifically disclaim any warranty (a) that the App or Web Page 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 App and Web Site (d) regarding the security of information submitted, and (e) regarding correctness, accuracy, or reliability. If Participant/ viewer use of the Web Site, online entry form results in the need for servicing or replacement of Participant/viewers or another's equipment or data, the Company and the Show Management are not responsible for those costs.
   3. Participation in this Show and the voting process is free of cost and all viewers are requested to exercise caution against any person/ entity that demands money or its equivalent for the purpose of participation. The Show Management abhors such practices and disclaims all responsibility for the same. The Show Management shall not be liable to any Participant for any amount paid in this regard.
9. Limitation of Liabilities and remedies
   1. The Show Management reserves the right, in its sole discretion, at any time and at any stage of the judging process, to reject or disqualify any Participant who is deemed ineligible or for any reason that the Show Management feels is necessary and/or appropriate, including without limitation, if that Participant has not complied with these Rules of the Show, the Show Management determines he/she is attempting to undermine the legitimate operation of the Show by cheating, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Participant or the Show Management, the Selection Panel, Jury or has interfered, in Show Management’s sole opinion, with the proper conduct of the Show.
   2. Viewers, users and/or any party that accesses the Web Page, agrees that neither the Company, Firstcry nor any third party content or service providers involved in the Show will be liable to Participant/viewers for any loss or damages, either actual or consequential, arising out of or relating to these Rules, Viewer’s/ Participant’s use or inability to use the App or Web Page, or to Viewer’s /Participant’s reliance upon information obtained from or through the App or Web Page, participation in the program, travel, or use or misuse of any prize. In particular, neither the Company, Firstcry nor its third party or service providers will have liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to the awards, terms of use, visitor's use or inability to use the App or Web Page, online entry form or to visitor's reliance upon information obtained from or through the App or Web Page, participation in the Show, , as travel, or use or misuse of any prize, whether based in contract, tort, statutory or otherwise.
   3. The participation in the Show implies unconditional acceptance of all these Rules and Regulations of the Show by the Viewer.
10. Application
    1. The Company and Firstcry shall not be under any obligation to the Viewer and shall have no obligation or rights in relation to the Show and shall have no claims whatsoever against the Company relating to the selection process, gratification or the running of the Show.
    2. The Company shall not be responsible for:
       1. Any delivery, failures relating to the registration or uploading videos/presentations;
       2. Show Management 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.