Kya Aap Paanchvi Pass Se Tez Hain

Definitions

“Company” means STAR India Private Limited, the organizer of the Show.

“Contestant(s)”: Any person(s) who is eighteen (18) years and above of age, is a citizen of India and is resident of India (as per the definition of “resident” in the Income Tax Act, 1961) and enters the Show in accordance with the rules stated below.

“”Cheats” means three options to assist the Contestants during the Show namely “Takjhak” option, “Bachao” option and “Copy” option, the precise details of the option and method of use will be explained in detail during each Show.

“Program” means the Show(s) (defined below) which shall be titled “Kya Aap Paanchvi Pass Se Tez Hain?”

“Quota-1″ means West A Zone, West B Zone, North A zone, North B zone, Central Zone, East zone, South Zone.

“Quota-2″ means minimum 50% between 18 - 35 years of age.

“Quota - 3″ means minimum 25% women.

“Season 1″ consists of thirty-six (36) Shows of the Program.

“Schedule” means a set of episodes of the Show to be recorded and/or recording dates as pre-determined by the Company.

“Show(s)” means each episode(s) of the Program including any Special Show(s).

“Show Number and Date” means the number and date of recording of the Studio Part of the Show in question.

“Show Player(s)” means the finalist(s) who has got short-listed by the Company after clearing the selection process and has made it to the Studio Part of the Show.

“Special Show(s)” means any episode/s of the Show recorded with Contestants who belong to a category other than that specified hereunder, which may include celebrities or children special, or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition

“Studio” means Studio no. 7, Dadasaheb Phalke Chitra Nagri, Goregaon East, Mumbai 400065,

or any such other studio as the Company may nominate.

“Studio Part” means the part of the Show which is conducted in the Studio whether or not recorded for transmission.

1. Procedure to register to participate in the selection process

(a) The Contestant(s) can register his/her telephone number to participate in the Show by answering the question asked on-air promos by calling/sending an SMS.

(b) The Contestants can register his/her telephone number to participate in the Show by calling BSNL or MTNL (Voice - Landline and Mobile) number 1862888782701/ 1862888782702/ 1862888782703, depending on the Contestant(s) answer to the question asked in the on-air promos. On dialing the number and punching the answer the telephone number from which the Contestant has called gets registered with the Company.

(c) The Contestant(s) can register his/her Aircel, Airtel, Vodafone, Spice customer(s) mobile number to participate in the Show by calling number 505782701/ 505782702/505782703depending on the Contestant’s option, or the Contestant(s) can register his/her Spice, Aircel, Tata, Idea customer(s) mobile number by sending SMS: “PASS” to 5782701/ 5782702/ 5782703 , depending on the Contestant’s answer option.

(d) The telephone lines and the mobile lines and SMS acceptance shall be open for each Show from 7:00 pm (IST) to next day 5:00 pm (IST) only. In case the calls and/or SMS are made after the lines have closed the said entry(ies) shall not be valid.

(e) Calls made from PCO, office board lines (EPABX or by any other system) and any other telephone lines shall be invalid entry and the Contestant will not be able to participate in the Show.

(f) In the event the Company receives one (1) or more than one (1) entry from a particular telephone number, in such a case when the Company calls up that particular telephone number and if the person who answers the call confirms that he/she is the person who has answered the question correctly, it shall be accepted by the Company.

2. Cost applicable for the calls made by the Contestant(s)

The call cost to the callers calling in from BSNL or MTNL shall be charged at Rs. 1.20 per pulse @ 2 pulse per call (Rs 2.40 per vote); Rs. 5/- per sms and Rs. 6/- per min per call/per minute for callers. This does not include roaming charges.

Level 1 of the selection process:

(1) The Contestants will be required to punch/SMS (in the manner stated above) the answer to the question asked in the on-air promos within the timelines during which the telephone lines and mobile lines are open.

(2). The selection process stated below will commence in respect of each question asked on-air only after the closure of the telephone/mobile lines with regard to that particular question.

Level 2 of the selection process:

(3) If the Contestant(s) answer is correct and the telephone/mobile number is one of the six hundred (600) hundred correct entries who have been selected after the application of Quota 1 (defined above) and computer random selection process the Company will call up on the telephone number registered with the Company. In order to qualify to further, the Contestant(s) will be asked personal details (i.e. full name, permanent present residence address, date of birth, etc.) and information to check the eligibility of the Contestant to participate further, the Contestant(s) is required to make himself/herself available at all times on the telephone/mobile number registered with the Company, and the Contestant must be available to be present for audition at the nearest audition centre (”Audition Centre”) for recording on that particular day (”Agreed Date”) and agreeable to travel, stay, etc. entirely at his/her own expense, in case the Contestant will not be available for the recording on the Agreed Date &/or Audition Centre and/or is not eligible as per the rules, the Contestant will be disqualified, The said conversation between the Company and the Contestant(s) may be recorded (solely at Company’s discretion). If the information provided by the Contestant(s) is considered to be appropriate by the Company, then one (1) question will be asked to the Contestant(s), if the answer is correct, the Contestant(s) will be asked further three (3) questions of which atleast one (1) question should be answered correctly by Contestant(s) to be eligible to qualify for the next Level of selection process the Company will call the Contestant back within approximate the number of days and time.

(4) The Company reserves the right to select further one hundred (100) correct entries who have been selected through computer random selection process.

(5) In the event that a Contestant’s name is selected such Contestant will be contacted on the telephone/mobile number registered with the Company. In the event the registered telephone/mobile number is coming engaged, or lines on the route are busy, or it is ringing but no answer, the Company shall make upto two (2) attempts over one (1) day to contact. If successful contact is made the telephone conversation will be recorded and Contestants will be asked to confirm that they will comply with the rules (and be advised of where to obtain copies if required), provide all the necessary documentation to substantiate the information provided by the Contestant to the Company during the call. In case for whatever reason the Contestant is unable to hear the question(s) the question(s) will not be repeated again by the Company, therefore the Contestant(s) is required to ensure that he is able to hear the question(s) clearly.

Level 3 of the selection process

(6) One hundred and twenty (120) valid entries from Level 2, will be selected after the application of Quota 2 and 3 and through computer random selection process.

(7) In the event that a Contestant’s name is selected such Contestant will be contacted on the telephone/mobile number registered with the Company, on the day indicated in the initial phone message. In the event the registered telephone/mobile number is coming engaged, or lines on the route are busy, or it is ringing but no answer, the Company shall make upto two (2) attempts over one (1) day to contact. If successful contact is made the telephone conversation will be recorded and Contestants will be asked to reconfirm the date of birth, the documents they agreed to bring along for proof and whether the Contestant(s) will be attending the Agreed Date &/or Audition Centre and agreeable to travel, stay, etc. entirely at his/her own expense, and also the address of the centre of audition will be given to the Contestant(s) and audition time will be communicated.

(8) In case for whatever reason the Agreed Date &/or Audition Centre and/or is not agreeable to travel, stay, etc. entirely at his/her own expense, the Company will regretfully consider the entry of the Contestant as invalid.

Level 4 of the selection process (Audition)

(9) The Contestant(s) who have been selected is required to reach on the Agreed Date at the Audition Centre at the time communicated by the Company to the Contestant(s). If the Contestant(s) fails to attend the audition at the Audition Centre on the Agreed Date and time, the entry of the Contestant will be invalid.

(10) The Contestant(s) will be required to get himself/herself registered by executing the necessary documents and also by furnishing the documents as required to verify the personal details provided by the Contestant(s) in Level 2. Each of the selected Contestants shall be required to furnish the necessary documentation (as stated in the General Rules) in original to confirm the eligibility details, etc. provided by the said Contestant. In case the said Contestant is unable to furnish the original document(s) to verify the eligibility details and also submit photocopy of the same, the said Contestant shall be disqualified by the Company.

(11) On the Contestant(s) complying with all the requirements stated herein, the Contestant will have to give a written aptitude test followed by a camera audition, which will be recorded.

(12) After the camera audition, the tapes of the above Contestants will be viewed by a panel of jury, which will consist of eight (8) persons (four [4] shall be from the production house “Synergy Adlabs Media Pvt. Ltd.” and four [4] from the Company). A list of Contestants will be prepared on the basis of the written aptitude test and the camera audition.

(13) Once again the camera audition and written aptitude test results of the aforesaid Contestants will viewed by an esteemed panel of jury, which shall consist of renowned personality(ies) (”Esteemed Panel”).

(14) Each member of the Esteemed Panel will, respectively, score each of the selected Contestant(s) on the basis of knowledge, communication skills, personality and talent/performance. On the basis of the total scores secured by each of the Contestant, the Contestants will be selected and contacted individually by the Company.

Level 5 of the selection process

(15). Each of the Contestant(s) selected in the above Level 4 will be telephoned on the telephone number provided and shall be told the date and approximate time to participate in the Studio Part of the Show. The Company shall make upto four (4) attempts over two (2) days to contact each of the short listed Contestants. If successful contact is made the telephone conversation will be recorded and Contestants will:

(i) Be asked to re-confirm first that they will comply with the rules (and be advised of where to obtain copies if required) and, second, reconfirm whether the Contestant will be available for the Agreed Show Date (and that they agree to participate in the following Show. In case for whatever reason the Agreed Show Date was not correctly heard by the Contestant and the Contestant cannot attend on the Show Number and Date in question, the Company will regretfully be unable to offer an alternative Show Number and Date.

(ii) Three (3) Contestants in respect of each Show shall be selected as per the selection process stated herein and also subject to the fulfillment of all the conditions and of the rules.

(16) Upon successful contact and agreement with the selected Contestant(s) as to the arrangements for such Contestant(s) attendance at the Studio:

(i) The selected three (3) Contestant(s) must attend the Studio at the time communicated by the Company on the Show Number and Date.

(ii) The selected three (3) Contestant(s) must bring one relative or friend for the Studio Part of the Competition.

(iii) The reasonable traveling and any other agreed necessary expenses of both the selected Contestant and his/her friend will be reimbursed. For outstation guests, the Company will pay on actuals on travel upto a maximum of Economy class air fare or 2nd AC rail fares from the city of their residence to Mumbai and back, plus boarding and lodging as arranged by the Company in Mumbai for the Contestant and his/her friend. No other costs or fee will be paid for any attendance at the Studio or in respect of any loss of earnings thereby incurred.

(17) In the event of the failure of any of the selected three (3) Contestant(s) to attend the Studio by the aforesaid time for any reason whatsoever the Company shall be entitled to exclude such Contestant(s) from the Show and the Studio Part.

(18)There will be one (1) reserve Contestant or more from Mumbai or any other city as deemed fit by the Company for each Show who will be selected, contacted and arrangements made for his / her attendance on the Show Number and Date in accordance with the procedures outlined above and who shall be entitled to take the place of Contestants in the event that the Show Number and Dates for Contestants cannot be agreed and/or Contestants fail to attend on the Show Date and/or Contestants are excluded from the Studio Part of the Show. The stand-by Contestant and his companion will be reimbursed only for the travel to and from their place of residence, on actuals.

Level 6 of the selection process:

(19) On the Show Number and Date the selected Contestant(s) will be met at the Studio by a representative of the Company. The selected Contestant(s) will be required to sign an agreement in standard form for contributors to television programmes and shall include (i) their confirmation that they have understood and agree to the rules of the Show and (ii) their consent to the recording of their contribution to the Show in question, and thereafter to the broadcast and all other audio visual exploitation of this and to the publication of his/her name and photograph in any media.

(20)The rules and regulations with regard to the Studio Part of the Show and/or any other activities will be communicated and explained directly to the three (3) Contestants by the Company at the Studio itself on the day of the recording of the Show.

GENERAL RULES

1. Contestant is required to furnish necessary supporting documentation in original (i.e., birth certificate, school leaving certificate or passport) to confirm the eligibility of the Contestant(s).

2. While answering the question(s) in Level 1 and/or Level 2 the Contestant(s) cannot repeat the question(s), incase the Contestant(s) repeats the question(s), the Contestant shall be immediately disqualified.

3. Incase the Contestant(s) answer is correct in Level 1, Contestant may receive a call from the Company within three (3) days from the date of the lines of entries getting closed for that particular question.

4. The Company reserves the right to hold any or all Quota(s) in abeyance should there be insufficient correct entries in any category(ies) of any or all Quota(s). The Company also reserves the right change the selection process of the Contestant(s) (in any manner whatsoever as deemed fit) in Season 2 of the Program, without any prior intimation to the Contestants and/or the public.

5. The arrangement for the travel of the finalists to Mumbai for the Studio Part of the Show will be made by the Company as mentioned in the rules above. The Contestants who are residing in Mumbai shall be reimbursed by the Company on actuals.

6. Persons must enter the competition on their own behalf and entry(ies) by proxy will not be accepted.

7. Employees of the Company, of the production house “Synergy Adlabs Media Pvt. Ltd.,” the advertising agency which has been appointed from time to time, and also employees of the main sponsors; and members of their immediate family; persons other than Indian nationals, or Indian nationals living out of India, or those who do not qualify under the definition of resident of India as per the Income Tax Act, 1961 or those not conversant in spoken Hindi, are ineligible to enter the Show. Failure to provide proof or affidavit of eligibility, including the correct date of birth within a reasonable time upon request by the Company may result in disqualification and/or the withholding or withdrawal of a prize. The Company also reserves the right to disqualify a Contestant(s) incase a discrepancy is found to exist in the information furnished/provided/stated by the Contestant during the conversation with the Company and in the information(s) stated in the documents furnished by the Contestant(s).

8. Only the entries received after the question premiere’s on air will be considered valid.

9. The Company may in its sole discretion exclude a Contestant from participation in the Studio Part of the Competition which may include without limitation (i) circumstances which, in the Company’s view, renders the Contestant unfit to participate therein; (ii) found to be in violation of the rules or undertaking provided to the Company; (iii) inability to submit documentation specified by the Company proving the identity of the Contestant.

10. The Company may refuse to pay winnings or reclaim all sums paid to Show Players in the event of his/her fraud, dishonesty or non-entitlement to participate in the Show as per the rules.

11. Neither the Company nor the channel shall be responsible in case of any network problems such as breakdown of machinery, unclear network, disruption in the network, etc and/or the cost of the SMS charged by the network operator. Any dispute in connection to the above the Contestant(s) shall be required to directly approach the network/telecom operator.

12. In case of telecom and/or network failure, the Company reserves the right to change the voting system/mechanism or take any other such necessary steps as it may deem fit.

13. Telephony, i.e., via landline, mobile (i.e., voice and/or SMS) is the only method by which a Contestant can enter the Competition. Nevertheless the Company reserves the right to introduce any other method/scheme/contest by which Contestants may enter the Competition.

14. In the event of any fault, misunderstanding or dispute concerning any part of the Show and/or the selection process to qualify for the Show and/ or the validity of any answer to a question the decision of the Company shall be final.

15. The Company reserves the right to amend the rules as deemed fit or terminate the Show the Season and/or the Program at any time without any prior intimation or notice to the public and also the Company is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Program and/or accommodate any person or persons who have been selected in the present Season of the Program in any further season of the Program or any other program of the Company.

16. By participating in Level 1 of the selection process for the Program by the Contestant(s), the Contestant(s) has agreed to abide by the Rules including these General Rules.

17. If the operation of the Show (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an event of force majeure the Company may cancel all or any part of the Show.

18. Once the Contestant(s) are short-listed, the Contestant(s) will be contacted by the Company to inform the Contestant(s) of the date and time at which the Contestant(s) will be required to travel to Mumbai for the Studio Part of the Show.

19. Notwithstanding a Contestant’s participation in the Show there is no obligation on the part of the Company to broadcast any Show in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.

20. Contestants can make it only once to the Level 4 (audition level).

21. Any Contestant who has been called for the audition by the Company, irrespective whether qualified/disqualified/unable to make it for the audition for any reason whatsoever, the Contestant will not be eligible to participate in the entire Season any more.

22. Contestants will not be confirmed as finalists for the show if they are suffering from any kind of ill health, medical problems (viz.: heart problem, blood pressure problem, final stages of pregnancy, etc.). It is the responsibility of the Contestant to be medically cleared. Nevertheless the final decision regarding their participation in the Studio Part of the Show rests entirely with the Company.

23. The Company reserves all rights to make amendments to the existing rules without prior or subsequent notice. The Company shall not be responsible and/or liable in any manner whatsoever in case the Contestant(s) are unable to participate in the selection process due to failure on the part of the telecom operator, facility provider, etc.

24. Non-conformance by any contestant and/or the Show Player to the rules of the Show will disqualify them from participation or winnings, immediately, as the case may be.

25. The Contestant(s) and/or the Show Player(s) of the Show agrees that he/she shall make himself/herself available from time to time and co-operate with the Company and participate in any activity and/or campaign (”Promotional Activity”) of any nature whatsoever without any money payable to the winner(s). Further, the Show Player(s) and/or the Contestant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Show Player(s) and/or the Contestant(s) agrees that the footage of any nature with regard to the Show Player(s) and/or the Contestant(s) shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity, without any remuneration payable to him/her.

26. The Contestant(s) and/or the Show Player(s) of the Show agrees that he/she shall hold harmless the channel, Company, its employees, officers or any other person in connection with the prize won by him/her and/or in relation to the Show/Program including but not limited to the selection process and also waives his/her right to file in person and/or through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against sponsor and/or the channel/Company to claim any damages or reliefs.

27. The Company and/or the channel is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the contestant(s) and/or the Show Player(s) in any manner whatsoever, in relation to the selection process, Show and/or prize.

28. The maximum prize which can be won in the Show is Rs. 5 crores and any and all taxes and/or levies applicable under the laws of India shall be borne by the winner(s) in relation to the prize.

29. The cities/states covered as per the zones are as under for Quota-1:

30. The Company reserves the right to re-schedule the date(s) of recording of the Studio Part of the Show.

31. In case the Show Player(s) and/or the winner of the prize money is found to be in violation by the Company of any and all rules of the Show which includes the rules applicable to selection process, the Company reserves the right to initiate legal proceedings against such person(s) including but not limited to having the concerned Show Player(s) and/or the winner to refund the prize money won on the Show together with penalty interest as deemed fit by the Company.

33. If any dispute, grievance arises in connection with the validity, implementation, etc. in relation to the selection process or the Show/Program, the Contestant(s), Show Player(s) and/or winner of a Show agrees and undertakes that such dispute, grievance which may arise shall be subject to arbitration to be conducted by a sole arbitrator, who shall be a senior official or a third party as deemed fit by the Company. The arbitration proceedings shall be held under the Arbitration and Conciliation Act, 1996 and the Rules frames thereunder. The place of arbitration shall be Mumbai. The sole arbitrator shall have no jurisdiction to grant interest. The decision of the sole arbitrator in this regard shall be final and binding on the aggrieved the Contestant(s), Show Player(s) and/or winner of a Show and the Company. Subject to the provision of this clause, 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 reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India. The law governing arbitration shall be Indian law.

Source: http://www.paanchvipass.com/rules.html