This Campaign (as defined below) is subject to the following terms & conditions (“T&C”), which may be updated by Bennett, Coleman and Company Limited (“BCCL”) having its registered office at The Times of India Building, Dr. D. N. Road, Fort, Mumbai – 400 001 and corporate office at 9-10, Express Building, Bahadurshah Zafar Marg, New Delhi – 110 102, from time to time without notice to Visitor (as defined below). The Visitor confirms to have read the T&C at www.toibeaconsofhope.com. The Visitor is participating in the Campaign at his/her sole discretion and free will. The Participation shall be deemed as the acceptance of the T&C by the Visitor.
- Definitions :
- “Campaign” shall mean the campaign titled as “TOI Beacons of Hope”. The Campaign is being organized with the aim to identify and acknowledge the Beacons of Hope – people who are stepping up in the current pandemic to help others.
- “Visitor” shall mean the individual who participates in the Campaign. The term “Visitor” and “You” has been used interchangeably.
This Campaign is valid for Indian citizens of age 18 years and above.
- Campaign Duration
The Campaign shall start on 5th May, 2021 and shall continue till 31st December, 2021. BCCL reserves the right to terminate, extend or shorten the Campaign Duration at its sole discretion.
- Participation and other terms
- No entry fee is required to participate in the Campaign.
- This Campaign enables you to upload proprietary content (whether in the form of self-written news articles, statements, observations, comments, remarks, posts, self-capture photographs, videos) [collectively, “Content”] on the Website. Subject to editorial discretion and applicable laws, the Content shall for published through BCCL’s proprietary print and non-print (collectively, “Platform”) media without payment of any one-time or recurring consideration whatsoever.
- BCCL shall not be liable for non-receipt and/or non-inclusion of Content on the Platform on account of its being irrelevant, illegible, incomplete, invalid, damaging, malicious, derogatory, pejorative, sexist, offensive, defamatory, seditious, obscene, spam, unethical/immoral nature, or being prejudicial to public/national interest, disruptive of public tranquility, being capable of inciting disharmony/feelings of enmity, hatred, ill-will or riots between different religious, racial, language, regional groups/castes/communities or because of technical failures or otherwise. BCCL shall have the sole discretion to publish Content and mere submission of Content shall not entitle the Visitor to seek or claim for its necessary publication on the Platform or any of the BCCL media.
- Once, the Content is published on the Platform, You shall have the option to share the link of the Platform on Facebook and Twitter handles. You understand that while sharing the links on third party platforms, the terms and conditions of those platform shall apply to you for sharing the links.
- The Content must be original and shall not violate inter alia any provision of the Copyright Act, 1957 and the amendments thereto. If you are found plagiarising or infringing on others’ intellectual property rights, your Content would be immediately deleted. BCCL does not bear any liability for copyright violations and/or infringement of intellectual property rights on your part and will not be made partially or fully liable for any non-original Content submitted by you. You understand and acknowledge that while uploading the Content and other related material, you may also be required to upload your own details in the format required by BCCL.
- By uploading the Content, you represent, warrant and undertake to BCCL that your Content:
- Is not derogatory, pejorative, sexist, offensive, defamatory, seditious, obscene, unethical/immoral, prejudicial to public/national interest and does not disrupt public tranquillity or stoke disharmony/feelings of enmity or hatred between different religious, racial, language or regional groups/castes or communities; and
- Does not infringe any third party rights and/or any agreements to which you are a party;
- You have not submitted/uploaded the Content in part or in whole to any competing or non-competing third party print or non-print publication/media nor has it been published or is under consideration for publication in any other media/platform or mobile application thereof;
- If you wish to share the Content with any third party, then you shall seek prior written consent of BCCL, which shall not be unreasonably withheld.
- You also acknowledge and understand that when you upload the Content and accompanying material, the other users of Platform shall also be permitted to write comments/reviews/feedback regarding the Content uploaded by you and BCCL shall have no responsibility arising out of such actions by you or the other user(s) for any claims whatsoever.
- By uploading the Content and any accompanying material, you agree that, you hereby:
- Perpetually and irrevocably assign to BCCL all your copyright/intellectual property rights on a worldwide basis with exclusivity and full title guarantee; and
- Grant permission to BCCL to have perpetual reuse rights;
All Content shall become the exclusive property of BCCL and shall have the right to use, publish, display, circulate, distribute, disseminate, license, sublicense, propagate or reproduce the Content, in whole or in part, by or through any of the existing or prospective means, media, platforms and technology, whether available now or in future, without payment of any compensation/consideration whatsoever. Furthermore, notwithstanding anything contained herein, BCCL shall have an unfettered right to assign its rights and obligations herein to any current or prospective subsidiaries, associates, affiliates or group companies of itself.
- BCCL reserves the right to cancel or amend all or any part of the Campaign and/or the terms & conditions without prior notice in the event of circumstances arising beyond its control that makes it necessary to do so. However, any changes to the terms & conditions or cancellation of the Campaign, will be updated/posted on website www.toibeaconsofhope.com. It would be the exclusive responsibility of the Visitor alone to keep themselves informed as to any changes in the terms & conditions stated for this Campaign.
- The Campaign is provided on an “AS IS” and “AS AVAILABLE” basis. BCCL expressly disclaims all warranties of any kind, whether express or implied. BCCL does not make any warranty that the Campaign and or emanating results will meet your expectations.
- BCCL will in no event be liable for any damages whether direct, indirect, special, incidental, or consequential arising out of the Campaign or use of the information shared by the Campaign.
- The Visitor hereby agrees and undertakes not to hold BCCL and/or or any of their group entities or affiliates, their respective directors, officers, employees, agents, vendors, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses that the Visitor may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of participation in the Campaign in any manner whatsoever.
- The Visitor shall indemnify and keep BCCL and its employees, staff, representatives, Directors and management harmless against any claims, counterclaims, demands, losses, actions, suits, proceedings, damages, penalties, costs, expenses, losses and liabilities (including reasonable legal fees) [collectively, “Losses”] incurred or suffered by it arising out of: (i) negligence, intentional misrepresentation, willful misconduct and/or fraud in re Content; (ii) non-compliance and/or breach of terms and conditions herein, indicatively including, but not limited to, inter alia, infringement of third party intellectual property rights and sedition/obscenity/defamation etc.; (iii) non-compliance and/or breach of applicable laws.
- This Campaign shall be governed by and construed in accordance with the laws of India. Any disputes, differences and/or any other matters in relation and arising out of this Contest and/or pertaining to the rules and regulations of this Contest shall be referred to a sole arbitrator appointed by BCCL in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and any subsequent amendment thereof. The arbitration proceedings shall be held in English and the seat of arbitration shall be at New Delhi. The arbitral award shall be final and binding.
- All disputes shall be subject to exclusive jurisdiction of New Delhi courts only.
- In accordance with the applicable laws, for any grievance, you may reach the grievance officer of BCCL at email@example.com.