Terms & Conditions

The Filmfare Over The Top (OTT) Awards (“OTT Awards”) is an event organized by Worldwide Media Private Limited (“WWM”) to recognize the best content creation and creators in the dynamic digital Over The Top (“OTT”) space. By participating in the OTT Awards, you (“Participant”) agree to be bound by and abide by the terms and conditions (“Terms”) governing the same which are as follows:

1. 1.

   Eligibility and Submission Criteria:
   • 1.1

     In order to be eligible for participation in the OTT Awards, the Indian content shows (“Entry / Entries”) on OTT Platforms (“OTT Platform(s)”):
     • 1.1.1

       Should be deemed as an original piece of work (commissioned, produced, co-produced or acquired with the purpose of releasing on an OTT Platform);
     • 1.1.2

       The entry should be primarily created in the Hindi Language;
     • 1.1.3

       The Entry should have premiered on an OTT Platform
     • 1.1.4

       The Entries should have released between the period starting from August 1, 2019 and ending on July 31, 2020.
     • 1.1.5

       All rights for Entries should be owned by the OTT Platforms as may be applicable.

• 1.2

  For the sake of clarity, those Entries made for any medium other than OTT, but released on OTT due to the current Covid-19 scenario, shall not be eligible for participation in the OTT Awards.

• 1.3

  In order to be eligible for consideration in the OTT Awards, each Entry should be submitted as a streaming link in the form and manner prescribed by WWM.

• 1.4

  All eligible Participants / entrants in each Category (as defined in these Terms) shall have their name listed on the credit rolls of the Entry. A PDF upload of the credits, if required, with each Entry in the form and manner prescribed by WWM. No changes in credits shall be allowed after the Deadline (as defined in these Terms).

• 1.5

  In addition to the above, the Participant shall be required to submit images and clips of the Entries (“Clips/Images”) in the form and manner prescribed by WWM, to play as a part of the nominations clip and for promotions of the OTT Awards.

• 1.6

  Each Participant desirous of submitting Entries to the OTT Awards shall be eligible to submit a maximum of 4 (four) Entries in each Category. Each Entry shall be submitted on or before
• 1.7

  15^th November 2020 (“Deadline”). No Entries received thereafter shall be accepted. The Participant must ensure that the content of the Entries and Clips/Images submitted for the OTT Awards is original and that the Participant has all the necessary intellectual property rights including copyright and permissions to use the same. The Participant shall be solely responsible for ensuring that the content of the Entries and Clips/Images submitted for the OTT Awards does not infringe any third-party rights.

• 1.8

  WWM reserves the right to add any Entry to the list of nominees to the OTT Awards at its sole discretion.

• 1.9

  The decision of the editorial team of WWM regarding the eligibility of the Entries and further submission and selection criteria shall be final and binding on all parties. WWM also reserves the right to disqualify any person / entity that it knows, or has reasonable grounds to believe, is ineligible to participate in the OTT Awards. No queries with respect to the decision of WWM shall be entertained and no Participant and/or any other person or entity shall have any claims in this regard.

2. 2.

   Categories and Selection Process:
   • 2.1

     The following categories (“Category”) and recipients shall be awarded in the OTT Awards based on the selection process mentioned hereinafter:

• 2.2

  The process for selecting the winner/s in each Category shall be as follows:
  • 2.2.1

    On receipt of a maximum of 4 (four) Entries in each Category from the OTT Platforms, all Entries received by WWM for the OTT Awards will be put up for public voting on a dedicated microsite for the same.
  • 2.2.2

    Based on the votes received for each Category, a shortlist of 8 (eight) Entries per Category shall be created.
  • 2.2.3

    The shortlisted Entries shall be passed on to a jury appointed by WWM for their judgment. Based on Jury decision, WWM shall decide the winner of the respective Category.
  • 2.2.4

    The winner/s agree(s) to sign the requisite forms, contracts and documents to claim the award.

• 2.3

  The decision of the jury and/or WWM regarding the winner/s in each Category shall be final and binding on all parties. The Participant shall accept and abide by any and all decisions made by WWM and the jury, without limitation, decisions relating to the OTT Awards, selection of winner/s and the criteria for selection of winner/s. No queries with respect to the decision of the jury and/or WWM shall be entertained and no Participant and/or any other person or entity shall have any claims in this regard.

• 2.4

  WWM is under no obligation to provide to the Participant any comments or feedback regarding the submitted Entry, any information relating to the manner in which the Entry is, will be, or was reviewed, any reasons why the Entry was not accepted; or any other information relating to the Entry’s review, consideration and/or selection process.

• 2.5

  The names of the jury members shall not be revealed until the entire process of selecting the winner of each Category as mentioned hereinabove has been completed.

• 2.6

  The WWM management shall have the absolute right and discretion to reject the votes that it has reason to believe have been manipulated or are not genuine. The decision of the WWM management in that respect shall be final and binding on all parties concerned.

• 2.7

  WWM reserves the right to reject or remove any Entry submitted which is obscene, defamatory, libellous, abusive, harassing, tortuous, intimidating, vulgar, pornographic, profane, threatening, invasive of privacy or publicity rights or otherwise objectionable, or unlawful subject matter or which constitute or encourage a criminal offence, violate the rights of any party or otherwise gives rise to liability or violates any law, in its absolute discretion.

• 2.8

  WWM further reserves the right in its absolute discretion to disqualify any Participant at any stage if it has reasonable grounds to believe that a Participant has breached any of these Terms, any applicable law (including copyright law) or has otherwise infringed the intellectual property rights of any other person. Each Participant acknowledges and agrees that any failure to comply with these Terms could lead to WWM disqualifying the Participants, without WWM giving any reason for such disqualification or granting any opportunity for challenge.

3. 3.

   Intellectual Property:
   • 3.1

     WWM is the sole and exclusive copyright owner of the OTT Awards. Further all the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights relating to the OTT Awards and the content forming a part thereof and displayed therein shall vest at all times, worldwide and in perpetuity, in WWM. WWM states that the OTT Awards have been developed, compiled, prepared, revised, selected, and arranged by WWM through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of WWM.
   • 3.2

     By participating in the OTT Awards and submitting the Entry and the Clips/Images, each Participant hereby grants WWM the unconditional, royalty- free and irrevocable permission and license to use the Entry and the Clips/Images for the promotion of the OTT Awards across any and all platforms and mediums, for perpetuity and for exploitation worldwide, without any restrictions and without any claims from the Participant.
   • 3.3

     All content used in the Entries, including story, write-up, script, depiction, music, graphics, photographs, images, screenplay, sound records, lyrics, background scores, dialogues, titles, sub titles and all other literary, dramatic, musical and artistic work or any other copyright material therein, should be original and belonging to the Participant or licensed to the Participant under a valid license. WWM expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any copyrighted content or materials within or relating to the Entry, including any content or materials that are or may become the basis for any third party claims for copyright infringement. WWM reserves the right to disqualify any Entry with any unauthorized inclusion of copyrighted content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Entry makes unauthorized or unlawful use of any copyrighted content or material, the Participant shall fully indemnify and defend WWM and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to lawyers’ fees, that any of them may incur in connection therewith.

4. 4.

   Representation and Warranties of the Participants:
   • 4.1

     The Participant represents and warrants that it has obtained all necessary licenses, permissions, certifications and authorisations, and has complied with all applicable laws necessary for participating in the OTT Awards.
   • 4.2

     The Participant represents and warrants that it is not under any contract with any person, firm, corporation or authority that would prevent its participation in the OTT Awards and display of the Entries or any other matter connected therewith and agrees to indemnify WWM against any claim that may be brought against it in this regard or any loss that may be caused due to it.
   • 4.3

     The Participant agrees and undertakes not to engage in any press, publicity or other discussion with any third party in connection with their Entry and its participation in the OTT Awards or any other aspect of the OTT Awards, before, during or after the OTT Awards, without obtaining prior written approval of WWM.
   • 4.4

     The Participant agrees that furnishing of any false information or concealment of any material facts in the application form will result in immediate disqualification of the Participant.
   • 4.5

     The Participant agrees that it shall not have any claim against WWM or its sponsors in case of cancellation or postponement of the OTT Awards.
   • 4.6

     The Participant agrees not to make any unauthorized contact with the jury or try to influence the decisions of the jury or any other act of such kind. WWM reserves the right to disqualify any Participant indulging in such acts.
   • 4.7

     The Participant acknowledges that in case any of the provisions of these Terms are deemed invalid or become unenforceable or prohibited by applicable law, such portions shall be considered divisible and the remainder of these Terms shall be valid and binding and shall be effective as though such provision was not included herein.

5. 5.

   Indemnity:
   • 5.1

     The Participant must ensure that the content of the Entry and the Clips/Images submitted for the OTT Awards is not immoral, obscene or indecent and is worth sharing in the public domain. WWM is not responsible for the content of the Entries and the Clips/Images submitted for the OTT Awards in any manner whatsoever and all liability arising from such Entries and Clips/Images shall accrue solely to the respective Participant. The Participants hereby indemnify WWM against any claims that may arise in relation to the OTT Awards, the Entries, the Clips/Images and / or any exploitation thereof.

6. 6.

   Alteration / Modification / Waiver:
   • 6.1

     WWM has the right to change, alter, modify or cancel the OTT Awards and these Terms without giving any reason or prior notice to the Participants and the Participants shall have no claims in this regard. The Participants are advised to keep checking the Terms available at www.filmfare.com for any such updates.
   • 6.2

     The Participants agree that failure by WWM to enforce any of its rights at any stage shall not constitute a waiver of those rights.

7. 7.

   Notice and Communication
   • 7.1

     All communications directed towards WWM shall be addressed to: Anuradha Choudhary / Email: filmfareottawards@wwm.co.in

8. 8.

   Liability and Force Majeure:
   • 8.1

     WWM shall not be held liable for any matters related to the display, exhibition and internet sites, including, and without limitation; outage; downtime; virus, server and network issues; etc. that may affect the broadcast, display or exhibition of the OTT Awards in any manner whatsoever. WWM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or jumbled, scrambled transmission, communications line failure, theft, destruction, or unauthorized access to the microsite, website of Filmfare or WWM or program or programming error or failure, or failure to capture any entry information. WWM shall not be responsible for injury or damage caused to the Participant’s or to any other person, relating to or resulting from participation in the OTT Awards, or from downloading materials or accessing the website or microsite of WWM or Filmfare or displaying the Entries / Clips/Images online for voting, shortlisting or during the event held to gratify the winners. WWM is not responsible for any problems with or technical malfunction of any telephone or internet network, or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the internet or at any website, human errors of any kind, or any combination thereof.
   • 8.2

     WWM shall not be liable to any Participant in the event WWM is unable to proceed with the OTT Awards or adhere to any of the contents of the Terms stated herein for any reason whatsoever, including owing due to acts of God, wars, blockades, hostilities, civil disturbances, riots, strikes, lock-outs, epidemics, pandemics or large scale sanitary crisis, fire, storm and flood, judgment or orders of any court of law, acts of terrorism, embargo, any force majeure events and government orders or restrictions, transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control.

9. 9.

   Governing Laws and Jurisdiction:
   • 9.1

     The OTT Awards and the Terms shall be governed and construed in accordance with the laws of India and competent courts in Mumbai shall have exclusive jurisdiction.