TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE ACTIVITY
Dentsu Grant Pvt Ltd a company registered under the Companies Act, NO 07 of 2007 (“Company”) is
conducting a activity name “Happy News” to collect crowd sourced submissions. By means of these
terms and conditions set forth herein (“Terms and Conditions”) the Company is providing an
opportunity to the interested participants (“Participant(s)”) to submit their Entry (as defined below) on
the Happy News Campaign Social Handles (“Activity”). By virtue of participating in the Activity, the
Participant unconditionally bound by the Terms and Conditions as provided herein below:
II.PROCEDURE FOR PARTICIPATION
In order to participate in the Activity, Participant(s) is required to submit their video on the Happy News campaign social media handles (“Entry”) on the community page on Facebook/ Instagram titled “Happy News”.
The Entry should contain a positive message which intends to instill little happiness, inspire a little hope and spark a bright moment in all Sri Lankans lives. The ultimate goal is to help boost positivity and uplift people’s mental health during this time of pandemic.
From 19th April 2020 at 01:00 am till 20th April 2021 at 11:00 pm
The Company shall at its sole discretion will select the number of Participants each day, whose Entry may stand a chance to be featured/broadcasted on Company’s website and/or its social media platform and/or on television. No dispute shall be entertained with regards to the selection criteria. Decisions of the Company shall be final and binding on the Participant(s).
The Participant expressly acknowledges that the Activity is being held as part of news and current affairs on the television for non-commercial purposes. Hence the Participant shall not be entitled to any royalties or any license fees for their participation in the Activity. The participation is entirely voluntary.
The Participant shall not be entitled to any prize or gifts if their Entry is selected for airing on the television or other platforms.
V.INTELLECTUAL PROPERTY RIGHTS
Each Participant represents and warrants that he/she owns all Intellectual Property Rights in the Content and that no part of the Participant's Entry infringes any third-party rights. By entering into the Activity the Participant agrees that the Company shall have rights to use the Entry and the Participant agree to grant the Company, its affiliates, partners, licensors and associates, a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Entry and all information provided by the Participant to the Company at any time, on all mediums currently in use for an unlimited time, anywhere in the world, without further reference, payment or any other compensation to the Participant.
VI.GENERAL TERMS AND CONDITIONS
i. The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Activity without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Activity on the Campaign social handles that give a link to the updated terms and conditions on a website (hereinafter referred as “Website”).
ii. The Participant(s) hereby undertake, warrant and guarantee to the Company that he/she has the full legal capacity to participate in the Activity in accordance with law and also these Terms and Conditions
iii. Participant(s) represents that he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Company in writing or that the Participant(s) is /are not required to be present before any authority including police or any court of law for a term of twelve (12) months from the date of registration and has no other disability which would prevent or impede his/her participation in the Activity.
iv. The Participant(s) acknowledges that he/she has voluntarily chosen to participate in the Activity at his/her free-will and is willing to bear all risk, costs and consequences arising from such participation in the Activity.
v. The Participants shall ensure that the Entry submitted is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person (living or dead), religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; impersonate another person in a defamatory manner; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of Sri Lanka, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant(s) agrees that the Company has the right to remove/reject any such Content which may not be in consonance with applicable law.
vi. The Company shall not be liable/responsible for any lost opportunity, damages, losses, costs, and expenses or otherwise suffered/incurred by any of the Participant(s) in connection with the Activity.
vii. Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, to cancel the Activity or reschedule the Activity dates.
viii. The Participant(s) shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit /litigation /injury /damage /harm/loss suffered by the Company in connection with any act of the Participant(s) or the Activity and/or any third-party rights claims with respect to the material/ Entry submitted by the Participant(s).
VII. OTHER TERMS
i. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
ii. These Terms and Conditions shall be governed by and construed in accordance with the laws of Sri Lanka and subject to exclusive jurisdiction of the competent Courts in Colombo.
iii. The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.
iv. Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
VIII. NO LIABILITY
i. The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Activity.
ii. The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to the Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Activity. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Activity. In no event will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.
iii. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.
iv. The Participant hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Activity or due to any representations, misrepresentations or concealment of material facts by the Participant.