CONDITIONS FOR PARTICIPATION
These conditions ("Conditions") sets out the terms for participation in the surveys, polls, rating exercises, and such other mechanisms and projects (“Projects”) which may be launched on the social media handles, social media accounts, pages, applications and platforms (collectively referred to as the “Platforms”) maintained or owned by Moonlight Films (“We/Us”), intended to receive, collect and collate feedbacks, opinions, suggestions, interests and other qualitative and quantitative market research data and analytics from individuals who may access or participate in the Projects (“You”).
The participation in the Projects shall also be governed by the Privacy Policy, which is incorporated herein by reference, and which can be accessed at https://www.moonlightfilms.in/privacy-policy (“Privacy Policy”), and any other rules, conditions or stipulations that may be provided by the Company with respect to
each of the Projects, in the Platforms.
Please read the Conditions carefully before participating, or providing Information (as defined under the Privacy Policy) pursuant to or in connection with the Projects. By
participating in the Projects, You hereby signify Your absolute and unconditional acceptance to the Conditions, and the Privacy Policy,and Your agreement to be legally
bound by the same. You may not participate in the Projects if You do not accept the Conditions.
Please see below the conditions for participation in the Projects:
1. You agree and acknowledge that you are above 18 years of age, a resident of India, and that you shall provide accurate and complete information and responses
while participating in the Projects. This shall also include any contact and communication details that you shall provide to us. If the Company becomes aware that you are not above 18 years of age, the Company shall be within its rights to block your access to the Platforms and participation in the Projects, and nullify any Giveaways that you may have been entitled to receive under these Conditions.
2. Based on your feedback and preference to receive further notifications, emails, interest in participation in further Projects etc., the Company or any interested party (including any sponsors or collaborators with the Company) may contact you or reach out to you through your social media pages, accounts, by in-app /in – app social media account chats, e-mail calls, or SMS.
3. Your participation in the Projects is entirely voluntary, and the Company shall not be required to compensate or provide any incentive, consideration or prizes, for your participation in the Projects.
4. However, the Company may, at its sole option, decide to award giveaways to the participants of the Projects, upon compliance with certain specified criterions, or as an incentive to advertise and promote the Project or the products pertaining to such Project, or in the nature of a prize for emerging as the winner or participant in any of such Projects conducted by the Company (hereinafter collectively referred to as the “Giveaways”, which term shall also include the Sponsored Giveaways defined below). The Giveaways may comprise of vouchers, prizes, products, coupons etc.
5. For the purpose of granting the Giveaways, the Company shall have the option to associate with any third-party entities, including structuring it as a part of a paid sponsorship or promotion engagement entered into by the Company with a third-party entity or brand (“Sponsored Giveaways”). The Company shall not be responsible, and hereby expressly denies any liabilities in relation to, (A) ensuring receipt of the Sponsored Giveaway by You, (B) any losses or damages incurred or suffered by You by using the Sponsored Giveaway, (C) any defect or damage, inherent, or otherwise effected during the transportation of the
Sponsored Giveaway to You, (D) any express or implied warranty of merchantability, fitness,use or functionality, and non – infringement of rights (including third party intellectual property rights) in relation to the Sponsored Giveaways, and (E) any and all claims, actions suits, penalties, damages and levies arising from the Sponsored Giveaways.
6. In the event of any dispute or complaints in relation to the Sponsored Giveaways, You shall approach the sponsoring entity directly, and shall not approach the Company for any resolution in this regard.
7. The Projects may contain links to other websites or redirect you to a third party website or may contain features of any nature of other websites ("Allied Sites"). The Allied Sites are not under the control of the Company and the Company is not responsible for the contents of any Allied Site, including without limitation any link or advertisement contained in the Allied Site, or any changes or updates to the Allied Site. The Company is not responsible for any errors, inclusions, omissions or representations on any Allied Site, or on any link contained in the Allied Site. The Company does not endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in any manner. You are requested to verify the accuracy of all information on Your own before undertaking any reliance on such information.
8. The Company reserves the right, in its sole discretion, to terminate Your access or participation, in any Project or any portion thereof, at any time, without any prior notice. The Company shall also be entitled to disregard or not consider your responses, feedbacks and submissions made for a Project, if they are incomplete.
9. If You decide not to participate in the Projects, the Company shall have the discretion to make You ineligible to receive any incentives, vouchers, or offers that may be made available to the participants of the Projects.
10. You accept that the Company expressly reserves the right to disqualify any entry that it believes are not in good faith, or are generated by an automated means or scripts, or otherwise violating the Conditions or the spirit of the Projects.
11. The Company, shall be entitled to, at its sole discretion to nullify a Project or any part thereof, at any time after the Project has started and / or any prizes/rewards/ credits owed to You after it has become due. The Company shall also be entitled to change the terms, increase or decrease the values, and introduce new methods or concepts in this regard with respect to the Projects.
12. You shall avail the Giveaways, including the Sponsored Giveaways only from the Company, or through the authorized partners of the Company, and through the Platform.
13. The Giveaways shall not be transferable, assignable or substitutable, except as otherwise provided by the Company.
14. In the event any redemption of the Giveaways requires a transaction with a third party service provider, You agree to abide by the terms of use and other relevant instruction of such third party service provider. The Company shall not be a party to such transaction or agreement, and shall not be responsible for any actions or omission, claims of misconduct, fraud or negligence pertaining to the transaction.
15. The decisions of the Company are final and binding in all matters relating to the Projects, their rules for participation, and the Giveaways.
16. You agree and undertake not to sell, trade, resell or exploit for any commercial purposes, any portion of the Projects or the Giveaways, and to participate in the Projects in accordance with the conditions, rules and stipulations as may be provided by the Company.
17. By participating in the Projects, parts of which may be sponsored by a sponsor, You agree that any information provided by You or collected by Us and the sponsor in connection with the Project may be used by Us and the sponsor in accordance with the Privacy Policy and the
sponsor’s terms of use and privacy policy.
18. The Company shall not be responsible for any of Your delay or inability to participate in the Projects, the provision of or failure to provide the Giveaways, or for any information, software, products, Giveaways obtained from the Company through the Platform, whether based on contract, tort, negligence, strict liability or otherwise. The Company shall not be held responsible for non-availability of the Platform / Projects during periodic maintenance operations or any unplanned suspension of access to the Platforms that may occur due to technical reasons or for any other reason whatsoever.
19. The Company shall not be required to verify any of the representations, Information and other details that you may provide during your access to the Platforms, or participation in the Projects. The Company hereby specifically excludes any liability in this relation, and you represent and warrant to the Company that all information provided by you to the Company is true, complete and accurate. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (i) Your inability to participate in the Projects; (ii) unauthorized access to or alteration of Your transmissions or data; (iii) any other matter relating to the Projects and the Giveaways; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with participation in the Projects.
20. The Company shall have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Projects or the Platforms.
21. You may notify the Company of any complaints in relation to the Projects, by contacting it at: contact@moonlightfilms.in. However, the Company will not be liable or obligated in this regard in any way.
22. Notwithstanding anything to the contrary herein, You hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any of the Projects by the
Company.
23. The Company shall not be liable for any failure to perform any of its obligations under the Conditions if the performance is prevented, hindered or delayed by a force majeure event and in such case its obligations shall be suspended for so long as the force majeure event continues.
24. The Conditions shall be governed in accordance with the laws of India and any disputes arising out of or in connection with the Conditions shall be subject to exclusive jurisdiction of courts in Mumbai