Guidelines for rules and regulations – Public voting

1. Definitions

Award categories for Listener’s choice awards

• In appreciation of its listeners/fans, Awards management is allowing/permitting the listeners of Radio Mirchi to vote for a nomination of their choice in the following two categories of awards namely:
• Song of the year – Mirchi listeners’ choice
• Album of the year – Mirchi listeners’ choice
• The number and type of the award categories that could be opened to public voting can be modified and changed at the discretion of the Jury and Awards Management at any time.

Eligibility criteria

• Only citizens of India can participate in the contest.
• Participants should be of 18 years of age or more as on 31 December 2015
• Participant should represent that they are legally competent to enter into and form binding contracts under all applicable laws.
• Employees, relatives and family members of ENIL or any Times of India Group Company, Ernst and Young are not eligible to participate or to vote for the Listeners’ Choice Awards.

Voting

• Votes can be submitted in three ways:
• By logging onto the website www.radiomirchi.com: Listeners need to vote on the nominees already embedded on the website. No other additional nominees would be accepted from the listeners
• By logging onto the Radio Mirchi Facebook page: Listeners need to like the Radio Mirchi Facebook page and then vote for the nominees embedded
• By sending an SMS on the number 58888:
• For Song of the year, listeners need to SMS MUSIC <space><your choice 1 2 3 4 5 or 6> and send to 58888
• For Album of the year, listeners need to SMS MUSIC <space><your choice A B C D or E> and send to 58888
• All applicable SMS charges would be borne by the listener. In no case shall the Awards management be held responsible for any dispute between the listener and the service provider (Mobile Company) regarding tariff rate or otherwise. Awards management does not take any responsibility of failures occurring with any response mechanisms depending on performance of third parties.
• Votes received outside the specified times and procedure will not be counted.
• Only one vote is permitted per person or entity of each of the aforesaid Award categories. Any multiple votes will be disqualified.  Votes received for a song/album that does not qualify or fall under the Eligibility criteria would be disregarded and the same would not be entertained.
• All votes must be received by on the closing date on February 2, 2016 11:59pm.

General

• ENIL reserves the right to cancel or suspend voting at any time without assigning any reasons whatsoever.
• ENIL reserves the right to disqualify votes if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig the voting.
• ENIL, it directors, officers, subsidiaries and/or agencies and/or sponsors cannot accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any network or line, system, server, provider or otherwise which may result in any vote being lost or not properly registered or recorded.
• The prize is neither transferable, nor can they be exchanged for cash. If you are declared a Winner you shall be required to submit a valid identity proof, mobile phone and proof of residence.
• You agree and undertake that if you are declared the winner you shall not give any interviews to any other media (Print, Television, internet, Radio or any mass media).
• ENIL/ Radio Mirchi makes no representation or gives no assurance as regards the different categories or votes of any audience/listener or public in general and shall not be responsible for the same in any way or manner whatsoever.
• ENIL shall not be responsible for any computer/ systems/ or any other related breakdowns/failures which might result in your non–participation in voting for the Listeners Choice Awards.
• Contact with the winner of the contest will be made on best effort basis. ENIL has a right to declare alternate participants who has participated in the contest as the winner(s) in case if not contactable.
• ENIL cannot be held responsible if the participant is not contactable through the information provided while participating in the contest.
• All right, title and interest including but not limited to the Intellectual Property Rights in the promotional material(s) and any/all registrations received shall vest solely and exclusively with ENIL/Radio Mirchi at all times and ENIL/ Radio Mirchi or any other Times Group Companies shall be entitled to use the database of the entries received or any information in any media for future promotional, marketing and publicity purpose without any further reference or payment or compensation to the you as a participant.
• ENIL reserves the right to change, defer, alter or cancel this Listeners Choice Awards in part or full, or change any or all of the terms and conditions that are applicable, without giving prior intimation/ notice of any kind and will not be liable for any consequential losses/damages. Decision of ENIL in this regard and in general with respect to the Listeners Choice Awards and the Terms & Conditions thereto shall be final, binding and non-contestable.
• Nothing contained herein amounts to a commitment or representation by ENIL/Radio Mirchi to conduct further or other such events
• The winner/s as the case may be must, at the request of ENIL, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to ENIL using their name and image in promotional material
• None of the provisions of these terms and conditions shall be deemed to constitute a partnership or agency between the listener and ENIL and listener shall have no authority to bind ENIL/Radio Mirchi in any manner whatsoever.
• By sending an SMS or accessing the website or Facebook, listener agrees to accept all the terms and conditions stated herein.
• ENIL accepts no liability for any errors or omissions, whether on behalf of itself or any third parties.
• ENIL is not responsible for any system failure or breakdown on the website or otherwise.
• In no event shall ENIL be liable for losses or any incidental or consequential damages arising out of or in connection with the Listeners Choice Awards, its services or this agreement (however arising, including negligence). ENIL/Radio Mirchi shall not be responsible for any product or service liability of any kind.
• The decision of ENIL/Radio Mirchi shall be final and binding in all regards and no communication shall be entertained in this regard.
• All right, title and interest in the data received, promotional material(s) and any/all registrations received shall vest solely and exclusively with ENIL/Radio Mirchi at all times.
• Listener shall be solely responsible for any consequences which may arise due to any kind of infringement of copyrights or any kind of intellectual property rights belonging to any other person/ entity etc. and also undertake to indemnify ENIL and its officers, directors, employees etc on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis.
• ENIL accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. ENIL has no control over communications networks or lines and none of them accepts any responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. ENIL is not liable for any consequences of user error including (without limitation) costs incurred.
• The information is deemed to be voluntarily supplied during the course of you voting for the Listeners Choice Awards and /or personal information provided by the winner/s as non-confidential, which hereby discharges all obligations of confidentiality. ENIL shall be free to reproduce, use, disclose and distribute the information to third parties without limitation.
• All disputes relating to or arising out of the Awards shall be subject to the laws of India, and shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction at Kolkata, India
• If Participants are unclear as to the rules or any element of the Awards or experience difficulties of any kind, they can write in their questions, problems or queries to the following address:

Mirchi Music Awards Bangla
Radio Mirchi, Entertainment Network (India) Limited,
Building, 8 Camac Street 13th floor,
Kolkata- 700017

ENIL shall endeavor to the best of its ability to respond thereto.