This Application (the "Application") is owned and operated by 9X MEDIA PRIVATE LIMITED (hereinafter referred to as "9X Media"). These terms and conditions (the "Terms and Conditions" or "TAC") apply to and govern your use, as well as your use of this Site and the Services (as defined below). Your use of the Site and/or any Service(s) signifies your agreement to be bound by these Terms and Conditions.
For purposes of the TAC, the following defined terms shall have these meanings: (A) "Service(s)" shall mean any and all services on, or provided by, 9X Media whether or not such services are also provided and/ or delivered by other means or media such as including but not limited to software or wireless devices; (B) "Site" shall mean this www.spotboye.com website; (C) "Site Content" shall mean any and all human readable patent audio and/or visual elements of this Site, created and/ or owned by 9X Media and/ or third parties, including without limitation to any text, graphics, images, illustrations, photographs, animations, designs, logos, information, and other content made available through the Site; (D) "Site Code" means any and all underlying elements of the Site, including without limitation to source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site.
Entry Eligibility
Over 18 and Indian Resident. Entry is only open to residents of India who are aged 18 years or over. By participating in the Shows, you warrant that you are a Indian resident and that you are 18 years old or older and you agree to be bound by these terms. Proof of age may be required.
Employees and their families. Employees and their immediate families of the 9X Network group of companies, and any such party's subsidiaries, suppliers and/or agencies associated with the Show, are ineligible to enter. Any such entries will be invalid. You must not have any assistance from any such person.
Player in breach. Where a player has previously breached these terms and conditions, reserves the right to prevent such a player from participating in any future Shows.
Proof of eligibility. 9X Media Pvt. Ltd. has the right at any time to ask you to provide proof of your identity and/or your eligibility (which may include asking for a copy of your itemised telephone bill). If you have been asked for proof of your identity and/or your eligibility, your failure to provide such proof within a reasonable time could result in your disqualification from the Games or the withdrawal of any prize at the Producer and/or the Promoter's sole discretion.
Agencies / third parties. Entries must not be sent in through agents or third parties.
Incomplete, inaudible, incomprehensible entries. 9X Media Pvt. Ltd. accepts no responsibility for incomplete, inaudible or incomprehensible entries, for technical and/or telephony problems when connecting calls across the telephone networks, or for electronic entries which become lost, misdirected or delayed. Any such entries will be deemed void.
Method of entry
Equal chance of winning. All entries to the Shows regardless of method of entry are given an equal chance of being selected. Entry to any of the Games may be by way of one or more of the following entry routes, as specified in the relevant Show:
i) Telephone call,
ii) SMS entry, or
iii) Web entry via the Spotboye website at www.Spotboye.com
(i) Telephone Call Call process. You may call the specified telephone numbers displayed on-screen within the relevant time frame for that particular Game as specified in the relevant Show or as advertised. A message will tell you whether you have been successful or unsuccessful A further random selection process will take place to determine whether you will be called live on air to give your answer to the Game.
Cost of call. The cost of calling will be Rs.6 using a phone will bedisplayed on screen, whether selected to stay on the line or not. The cost of calling from other landlines, public phone boxes and mobile operators' networks may vary. The total cost will therefore be dependent on your network. If you are calling from a mobile phone, charges for entering will be deducted from your available credit time if you are a pre-pay customer or will appear on your monthly statement if you are a pay monthly customer. When calling from a landline, the charge will appear on your normal telephone bill. The total cost of each call remains the same regardless of the duration of the call.
Circumstances beyond control. 9X Media Pvt. Ltd. is not responsible for any interruption or disturbance to any player's call which is beyond the reasonable control of 9X Media Pvt. Ltd.. If your call is interrupted, disturbed or in any way affected by any circumstances beyond 9X Media Pvt. Ltd.'s reasonable control, 9X Media Pvt. Ltd. may randomly select another player without any liability to you. 9X Media Pvt. Ltd. is not liable for any call charges incurred by players.
Calling from abroad. You may enter the Game from outside India (although entry is restricted to Indian residents) but charges will depend on the international call rates of your service provider. There is no warranty that the service is available or appropriate for use in locations outside India.
(ii) SMS Entry SMS entry method.
You can send a SMS to the number displayed on screen, along with the keyword also displayed on screen. If you are selected as a potential on air participant you will automatically be called on the mobile number you have used to enter the Game and you will be asked to follow the prompts given. If you are selected to go live on air, you will be transferred to the presenter of the Show and asked to give your answer to the Game. If, for any reason, the Producer is unable to contact you via the mobile number you have used for entry (including but not limited to busy tone being received, "number not known" message received, answering machine message received) after three (3) attempts, or the call is interrupted, disturbed or in any way affected by any circumstances beyond the reasonable control of 9X Media Pvt. Ltd., 9X Media Pvt. Ltd. reserves the right to randomly select another potential on air player without any liability to you.
Cost of entry. The cost of entry via SMS will be displayed on screen whether the entry is successful or not. Charges for entering by SMS will be deducted from your available credit time if you are a pre-pay customer or will appear on your monthly statement if you are a pay monthly customer.
Circumstances beyond control. 9X Media Pvt. Ltd. is not responsible for any interruption or disturbance to any player's SMS which is beyond the reasonable control of 9X Media Pvt. Ltd.. If your SMS is interrupted, disturbed, delayed, undelivered or in any way affected by any circumstances beyond 9X Media Pvt. Ltd.'s reasonable control, 9X Media Pvt. Ltd. may randomly select another player without any liability to you. 9X Media Pvt. Ltd. is not liable for any SMS charges incurred by players.
Permissions. If you are not the person responsible for paying the mobile phone bill, you must have the permission of mobile phone bill payer before entering.
SMS from abroad. You may enter from outside India (although entry is restricted to Indian residents) but charges will depend on the international text rates of your service provider. There is no warranty that the service is available or appropriate for use in locations outside India.
Text to Screen and SMS Messaging
The text to screen service ("Spotboye Chat Service") is run by 9X Media Pvt. Ltd. and may be featured on a Spotboye Show. By participating in the Text to TV Service you agree to be bound by these terms and conditions.
Spotboye submissions. To participate in the Spotboye Chat Service please send the keyword on screen plus your text message to appear on the screen during a Spotboye Show from your mobile phone to the shortcode number displayed on screen.
Spotboye will use reasonable endeavors to display your message on the screen, but it is at its sole discretion and Spotboye has no responsibility to you if your message does not appear on the screen for whatever reason.
Each participant acknowledges that his or her name may appear with the message.
Moderation.
Spotboye will screen all messages received and reserves the right not to display your message, in its sole discretion. You agree not to post an offensive, defamatory, abusive or otherwise unlawful or distasteful message on the Spotboye Chat Service.
Cost of using the Spotboye Chat Service.
Each message you send will be charged at the rates detailed on screen All charges will be deducted from your available credit time if you are a pre pay customer or will appear on your monthly statement if you are a pay monthly customer.
Permissions.
If you are not the bill payer for the mobile phone, you must get permission from the bill payer before texting.
Suspension or cancellation of Spotboye Chat Service.
Spotboye may suspend, withdraw or cancel the Service for any reason and at any time. Spotboye is under no obligation to offer refunds.
Liability.
9X Media Pvt. Ltd, the 9X Media group of companies, suppliers and sub-contractors do not accept any responsibility whatsoever for any technical failure or malfunction or any other problem in any telephone network or line, system, server, provider or otherwise which may result in any text message being lost or not properly recorded. 9X Media Pvt. Ltd is also not responsible for traffic congestion or other capacity issues which may result in a text message not being put through or a text message not being recorded. To the fullest extent permitted by law, 9X Media Pvt. Ltd hereby excludes all warranties, representations, covenants and liability (whether express or implied) regarding the Text to TV Service.
Other Interactive Services
Selected 9X Media Pvt. Ltd Shows may feature other interactive services such as call competitions.
Competition Process.
You may enter a 9X Media Pvt. Ltd competition by SMS.
To enter a competition by SMS you may send a text message as specified in the Show to indicate your answer to the question. The cost per text message will be as stated on screen. Please ask permission from the bill payer before voting. 9X Media Pvt. Ltd does not accept responsibility for any call charges.
Prizes.
After the closing date and time for entries to each of the competitions, the first entry drawn at random from all eligible entries who have answered the question correctly and sent in the highest number of responses in that competition will be the winner of the prize. The prize will be as stated on screen.
The winner will be notified on the day of the draw and may be contacted to go on air to the studio. He/she will be contacted on the phone number they provided when entering the competition.
Circumstances beyond control.
9X Media Pvt. Ltd does not accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any telephone network or line, system, server, provider or otherwise which may result in any vote, entry or message being lost or not properly registered or recorded.
Restrictions on entry
Right to restrict number of entries.
9X Media Pvt. Ltd reserves the right to restrict the number of daily entries (Daily Entry Limit) made by players in relation to each Day, Show or Game regardless of the method of entry.
Entry capping.
Any attempts to enter the Game after the maximum limit has been reached will be deemed void and you will no longer be considered as eligible to play for the remainder of that day. It is your responsibility to monitor the total number of entries that you have made. Call charges will still apply for any entry attempts you may make after you have exceeded this limit as it is not technically possible to prevent this.
Entry barring.
9X Media Pvt. Ltd reserves the right to end a call or refuse to give a prize where, in their discretion, they believe that the player is not eligible to enter, or the player has behaved in any manner that is inappropriate or may be contrary to any broadcast codes, regulations or any applicable laws. You are not allowed to mention or promote any product, service or venture, use inappropriate language or swear or otherwise say anything that may be harmful or hurtful to any person, body or entity. You accept that you will be solely responsible for the consequences of anything that you choose to say whilst participating in any Game.
Winning a prize
Being connected to the studio. If you are put through to the presenter live on air, you may be asked by the presenter to answer the question of the Game. You may also be invited to play a Jackpot Round. If you answer correctly, you will be transferred to a member of the production team who will take your full contact details. However, if you give an incorrect answer, your call will be terminated and, another player may be selected.
Entitlement to prize. Provided that you have complied with all entry requirements set out in these terms and conditions, if you are selected, and your answer(s) is / are correct in 9X Media Pvt. Ltd's sole opinion, then you will be entitled to a prize (as stated in the relevant Game and Show) in accordance with the procedure set out in these Terms and Conditions.
Prize. The prize will be as stated by the presenter and on-screen in the relevant Game and Show. All prizes are non-transferable and non-exchangeable.
Cheque payments. Cash prizes will be awarded in the form of a cheque made payable to the winner. Winners must provide their true and accurate full name and address with pin code when asked to do so by 9X Media Pvt. Ltd. Prize cheques will not be made out to the names of any third parties. No other form of payment will be made.
Other Prizes. If a non cash prize is won, 9X Media Pvt. Ltd will confirm arrangements with the winners for fulfilment of such prize.
Tax payments. Winners will be responsible for declaring and paying any and all applicable taxes on prizes whether in cash or kind.
Prize fulfilment. 9X Media Pvt. Ltd will endeavour to send cash prizes to any winner within 6 weeks of such win. 9X Media Pvt. Ltd may perform random validity checks on any winner. In the event of a dispute or when the winner's contact details are not available, these fulfilment timings will not apply.
Non-cash prizes will be sent within a reasonable time of the prize being won and as arranged between 9X Media Pvt. Ltd and the Player.
Dispute resolutions. In the event of any dispute regarding the Show, including but not limited to the validity of a Game solution, or network or communication failures, you accept that the decision of 9X Media Pvt. Ltd on all matters is final and binding and no correspondence or review process will be entered into.
Refusal to pay or seek recovery. 9X Media Pvt. Ltd may refuse to pay prize money, or seek its recovery, in the event of a player's fraud, dishonesty or non-entitlement or breach under these Terms and Conditions, including but not limited to the use of technology which enables a player to evade charges when entering the Game by way of the telephone number, or the use of automated and/or speeding dialing hardware and software, or of computer programs intended to automatically fill out website forms.
Inability to contact a winner. If, despite reasonable efforts, the winner of a prize cannot be traced or is not available to accept the prize within a 3 (three) months period from the date of the relevant show, 9X Media Pvt. Ltd reserves the right to forfeit the prize. The original winner forfeits any rights to a share of the prize in these circumstances. 9X Media Pvt. Ltd does not accept responsibility for winning notifications that are not received or delivered.
Copyright. You must own the copyright of any photograph or video you submit. Generally, you may only send in a photograph or video of yourself. You should not send in a photograph or video of another person but if you do, you must get the permission of all the people shown in the photograph/video before submitting it.
If the photograph/video features children aged under 16, you must get the permission of their parents also. If the photograph or video is taken on private property (e.g. inside someone's house), you must get the permission of the owner of the property.
You should not endanger yourself or others, take any unnecessary risks or infringe any laws to obtain photographs or videos.
You should not submit photographs/videos of any artworks, photographs or other copyright works, any logos or other commercial references, or anything that might reasonably be deemed to be harmful or offensive.
By sending us your photograph/video you warrant that its use by 9X Media Pvt. Ltd will not breach another person's privacy, copyright or any other legal right. 9X Media Pvt. Ltd shall be indemnified of any legal expenses by the participant if such photographs or videos amount to the violation of the copy rights of any copyright owner.
Circumstance beyond control. The mode of submission may, from time to time, be affected by events outside of our reasonable control. 9X Media Pvt. Ltd accepts no responsibility for any failure to accept/send submissions due to network performance or due to any other event outside our control or for submissions that are incomplete or incomprehensible.
Publicity. By submitting a photograph or video, you agree to your name being used in publicity by 9X Media Pvt. Ltd and to participate in such publicity as required. This can be in any media worldwide without notice or without any fee being paid.
Liability. 9X Media Pvt. Ltd accepts no liability for any loss or damage howsoever arising from the submission of your photograph or video whether due to any error, omission or other cause by us, our employees, suppliers, agents, or others to the fullest extent permitted by law. Save for death or personal injury arising from our negligence or fraudulent misrepresentation the maximum amount of our liability to you in any circumstances shall be the amount paid by you and received by us due to the submission of your photograph or video.
Data Protection. Personal data which is provided by you as a sender when you submit your photograph/video will be held and used by 9X Media Pvt. Ltd, and the 9X Network group of companies, its employees, its suppliers and contractors in order to administer the use of the picture and contact you if necessary. Your personal data may also be passed to your mobile phone provider or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for submitting your photograph/video. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
Personal data. Save as set out in these Terms and Conditions, any information and data ("personal data") which is provided by you, when you enter any Game will be held and used by 9X Media Pvt. Ltd and their suppliers and contractors in order to administer the Game. By entering the Game you are consenting to the use of your personal data for the purposes of operating, producing and administrating the Game.
Data controller. 9X Media Pvt. Ltd is the data controller of any personal data you provide when you enter any Game.
Third Parties. Your personal data may also be passed to your telephony provider or to any relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the telephony provider in connection with the billing arrangements for the Game.
Market research. Aggregate non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
Use of your name/image in marketing. If you win a prize, 9X Media Pvt. Ltd (or any third party nominated by 9X Media Pvt. Ltd) may use your name, image, county of residence, and your comments relating to the prize and the Show experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid.
General Terms
Technical failure. Neither 9X Media Pvt. Ltd is responsible for network, telephone line or communication failures, malfunctions, errors, delays or any other problem in any telephone network, recording, broadcast, or internet broadband transmission of any kind or any other circumstances beyond 9X Media Pvt. Ltd's reasonable control.
9X Media Pvt. Ltd is also not responsible for traffic congestion or other capacity issues which may result in a message being lost or not properly recorded.
Spotboye Channel on the Internet. Players are notified that participating in the Game when watching the channel Spotboye via internet broadband is subject to variable time delays averaging 30 seconds or more. This delay is dependant on your Internet Service Provider, your broadband connection speed and the computer you are using to view the internet.
Withheld Numbers. 9X Media Pvt. Ltd uses the latest technology that utilises your telephone number when processing your call. If your telephone number is withheld certain technology features may not operate as detailed in these terms and conditions.
Call recording. Please note that calls may be recorded to ensure that entries are captured, for staff training, viewer support and quality control purposes.
Cancellation of Show. 9X Media Pvt. Ltd may in its sole discretion cancel all or any part of any Show without any liability to players. There is no obligation on the part of 9X Media Pvt. Ltd to broadcast any episode of the Show in which a player has appeared or any part of his/her contribution to the Show.
Releasing answers. 9X Media Pvt. Ltd is not under any obligation to release information relating to Game answers or methods of solution, other than the information given by the presenter at the on air conclusion of each Game. Any such information subsequently released is released at 9X Media Pvt. Ltd's absolute discretion.
Player Warranties. You warrant that you have not and will not receive any monies or other valuable consideration in connection with your contribution to the Show and that you have not nor will not authorise anyone acting on your behalf to do so. Your payment or acceptance of any valuable consideration in connection with your contribution to the Show will be considered a breach of these Terms and Conditions and may result in a fine. You accordingly agree to notify 9X Media Pvt. Ltd immediately of any attempt to be persuaded to make any product placement.
Confidentiality. You agree to keep confidential any information or trade secrets obtained or learned as a result of your participation in the Game or the Show (including but not limited to, information about other players, information about the Game or the Show or any event in the Show or the outcome of the Show) known collectively as the "Show Information".
Exclusion of liability. To the fullest extent permitted by law, 9X Media Pvt. Ltd hereby exclude all warranties, representations, covenants and liability (whether express or implied) regarding the Show, the Game or the prize.
9X Media Pvt. Ltd will not be liable for any damages or losses whether direct or indirect that any player may suffer as a result of failure by 9X Media Pvt. Ltd to deliver the Show (whether or not as a result of any technical failure), including but not limited to access delays or interruptions, data non-delivery or mis-delivery, any acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of telephone or mobile networks.
Nothing in these Terms and Conditions shall exclude or limit 9X Media Pvt. Ltd's liability for death or personal injury caused by their staff or supplier's negligence or for fraud.
Statutory rights. Nothing contained in these Terms and Conditions shall affect the entrant's statutory rights.
Right to amend these terms. You are advised to print and keep safe these Terms and Conditions. 9X Media Pvt. Ltd reserves the right to amend these terms at any time without prior notice. Any changes will be posted on this website and will be effective as of the date of posting.
Governing law and jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of India. You irrevocably submit to the exclusive jurisdiction of the courts of Mumbai.
Disclaimer 9X Media Pvt. Ltd will not be liable for any losses sustained and arising out of or in connection with use of this website including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special loss. 9X Media Pvt. Ltd assumes no liability for the contents of any other website you may access from our website.
Copyrights The content on this website is protected by copyright and may not be reproduced or appropriated in any manner without the written permission of 9X Media Pvt. Ltd.
Trademarks The images, logos and names on this website which identify 9X Media Pvt. Ltd or any member of the 9X network are proprietary marks of 9X Media Pvt. Ltd, or one of the other members. All rights are reserved.
Investor Relations Disclaimer
The information contained on this website does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision.
Server Ability If any part of these terms and conditions is found to be unenforceable it will not affect the enforceability of the remainder of the terms and conditions.
General Rules