||15 December 2021
||24 December 2022
|Shortlist Announcement Awards
||25 December 2022
|Announcement & Presentation
|| 21 February 2022
The above-mentioned schedule could be added to, modified, or cancelled based on technical requirements and in case the Award is for any reason rescheduled, extended, cancelled, or terminated early and same shall be the absolute sole discretion of Management
All applications received will be evaluated based on pre-defined evaluation criteria determined by the management in its sole and absolute discretion
The decision taken by the management, based upon the observation & recommendations of Jury with respect to the evaluation/disqualification/qualification is final and binding on all Participants. No claims/queries raised with respect to the same will be entertained in this regard
8. Limitations & Disclaimers
The management will not be responsible for Late/ incomplete/ corrupted/ defective entries and/or which cannot be read or viewed for any reason, and such Entries shall stand automatically disqualified. Management shall not be responsible if for any technical, physical, or other reasons, the Entry is not received or cannot be read/ viewed/ judged.
The management reserve their right to suspend, cancel or modify, add to, or truncate these Terms & Conditions or Award and/or rules relating thereto at any time without notice. Participants shall periodically check this page for updating of these Terms & Conditions.
9. Prohibited Activities
articipants shall not involve themselves (directly or indirectly) in the activities, that:
spreads viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of Platform, computer, or property of the Company
Uses the website/Platform in any manner intended to damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Platform.
10. Intellectual property rights:
As between management and the participant, the participant retains ownership of all intellectual and industrial property rights (including moral rights) in their entry submission. As a condition of entry, participant grants Management a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the project submission for any purpose, including display on its website or any other website or platform including YouTube, twitter, Facebook, Instagram, without any attribution or compensation to Participant.
The management has no proprietary rights in the content participants have created during the Award. These respective contents developed by the Participants shall belong to participants only. The content developed by the Participant shall be only shared by the management as part of the awards process
Participants waive any claim against the Management and/or its partners including in intellectual property rights for any Publication made in relation to the Award, participation, entries, winners, and prize distribution.
Baccarose Perfumes and Beauty Products Private Limited, is the sole owner of the registered trademark PARCOS since 1996 and applied for the trademark registration PARCOS BEAUTY INFLUENCER AWARDS.
11. Systems and availability
Management, its affiliates, process advisors and evaluators, contractors, partners and promotion are not responsible for technical, hardware, software, or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, Website, Internet, or ISP un-availability, server issues, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit Participants / participant’s ability to participate, including any injury or damage to participants or any other person's computer or mobile device relating to or resulting from participating in or downloading any materials. Management is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted, or misdirected answers/entries/submissions, which will be disqualified. Management shall attempt to use commercially reasonable efforts to ensure the security and accuracy of all answer’s personal details (provided, however, Participants acknowledge and agree that such methodologies are not infallible, and that the Management make no guarantee and shall not be responsible as to their effectiveness).
Any loss or outrage or dissatisfaction suffered by a participant during course of Award, would not be the responsibility of Management and/or its associates/ affiliates and Management or its associates/affiliates will not be responsible to make good any such loss or dissatisfaction.
All attempts will be made to protect the data from loss and corruption, but in the event such data loss happens, Management may have to continue with whatever data is available or could be saved, or in any other manner as it may deem reasonable. Management should not be held responsible for any loss of data or the action taken on account of the same. Management will not be held responsible to make good any such loss or dissatisfaction on account of such loss.
In the event the response of the Participant is not for any reason received within the stipulated time for the question/evaluation rubrics, such Participant would not be able to get points/marks, even if the question(s) was correctly answered by the Participant. The participant can access the site once re-connected to the central Website server(s).
In case multiple entries are received from a Participant with the same content, Management has the right to choose the first/last submission from that participants at its discretion.
12. Confidentiality and Publicity
Management will contact participants in advance of any Management media request for interviews. The project submissions, final attributes of the developed App, may also be used for promotional, marketing, press and media purposes and Participants agrees to waive any rights and not assert any intellectual property rights that they have or may have in the project submission. Management reserves the right to publish the name and likeness of the participants with the top scores, the Finalists, and the Winners of the Award on the Website or through other media for publicity purposes. Participant acknowledges that they will not be paid for use of name and/or likeness or project submissions and hereby relinquish (and with respect to its company, if applicable) any past, present, or future monetary or other claims against Management and its affiliates for this use.
None of the Participants shall, without the prior written approval of Management, speak to the press or any other media or any third person, nor give any interviews or comments relating to any aspect of the Award. The participant shall not disclose any information whatsoever relating to the Award, evaluation rubrics, Management plans, to any other party. Violation of this clause shall immediately disqualify the Participant’s prospects of further participation.
The Participant shall always keep confidential all particulars, process, evaluation rubrics, winner prizes, and other details regarding the Award
Any photographs, videos etc. submitted by the participant s/winners to Management or recorded, for or in relation to the Award shall on submission / creation become the property of Management and shall be available to Management for exploitation across all mediums throughout the world in perpetuity. The participant (s) shall ensure that the photos or videos submitted by them in any public domain, or their interviews shall not be obscene, vulgar, defaming, denigrating women, or children, hurting religious sentiments, depicting violence or shall not infringe the rights of a third person. The participant(s) shall solely remain liable for any action (criminal/civil) arising therefrom.
Acceptance of these terms & conditions by the participant constitutes permission for Management, including its affiliates, to click photographs, record videos of the participant (s) and use the participant (s) name, photographs, likeness, voice, and comments for advertising and promotional purposes in any form of media worldwide for purposes of advertising and trade without any additional compensation whatsoever
14. Warranty and indemnity:
Participant warrant that their work submitted is their own original, authentic, and genuine work and, as such, they are the sole and exclusive owner and rights holder of the project submitted and that they have the right to submit the project in the Award and grant all required licenses. Each Participant agrees not to submit any project that: (a) infringes any third-party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity, or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law
To the maximum extent permitted by law, Participant indemnifies and agrees to always keep indemnified Company and its Management and to fullest satisfaction of Company, from and against any liability, claims, demands, losses, damages, costs, and expenses resulting from any act, default, or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Participant agrees to defend, indemnify and hold harmless Management from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from: (i) any project submission or other material uploaded or otherwise provided by Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Participant in connection with the Award; (iii) any non-compliance by Participant with these Terms; (iv) claims brought by persons or entities other than the parties to these Terms arising from or related to Participant’s involvement with the Award; (v) acceptance, possession, misuse or use of any prize or participation in any Award-related activity or participation in the Award; (vi) any malfunction or other problem with the Award Website in relation to the entry and participation in the Award by Participant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Award by Participant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Award by Participant.
15. Forum and recourse to judicial procedures:
Any dispute or difference either in interpretation or otherwise, pertaining to the Award, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in Mumbai and the language shall be in English. This Award is governed by the laws of India, and the courts in Mumbai will have exclusive jurisdiction to try any dispute arising from this Award. By participating in this Award, you agree to be bound by the terms of these Terms and by Management’s decisions, which are final and binding on all matters pertaining to this Award. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Award are hereby excluded, and Participant expressly waive all such rights
Notwithstanding anything contrary contained herein, the Company shall have the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information, or to preserve the status quo pending arbitration.
16. General terms and conditions
Management reserve the right with respect to the decisions of the selection of the Participant and the selection/ declaration of the eventual winner and the same shall be final and binding on all the Participants and in no event shall the Participants dispute such decision(s).
Management reserves the right in its sole and absolute discretion to amend, alter, modify, change, vary or terminate the format, any terms and conditions mentioned and accordingly the Terms for participation / selection, participant(s) eligible for selection, timelines, Terms and Regulations, and/or Award format at any time, during the Award period, without giving any prior notice to the Participants and it shall be the sole responsibility of the Participants to check the Terms from time to time. The participants by participating in the Award agree to such amended Terms. In case any portion/clause of these Terms is deemed invalid or becomes unenforceable, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of Terms shall be valid and binding with full force
Management and their respective affiliates, officials, employees, representatives, directors, or any other person shall not be liable to indemnify the Participants / Participant from and against any claim, loss, injury, mental or emotional trauma suffered by the participants / participant, in any manner whatsoever.
The Participants / participant to the extent permissible in law, shall not in any circumstances make any claims against Management/Company, (including but not limited to its divisions, subsidiaries, employees, respective agents , representatives, directors and/or its affiliates) arising out of or relating to any and all costs, injuries, for any kind of losses, damages, costs or injuries of any kind, including due to any problems caused by technical disruption and/or failure, server problems or any other difficulties.
In the event any of the Participant(s) are unable to participate, attend or appear in the Award, for any reasons whatsoever, Management has the right to at its discretion anytime to replace or bring in new participant(s), as deemed fit and necessary by Management.
Further, Management shall be entitled to, at its discretion, any time during the award period, to re-introduce the eliminated Participants and/or re-introduce fresh individuals/participants during any stage of the Award format.
The mere participation in the Award does not entitle or assure any kind of gratification/award to the Participants / Participant. Management reserves the right to terminate and/or postpone the Award without giving any prior notice to the Participants / participant. Such decision shall be final and binding on the Participants / participant and the same shall not be disputed and/ or challenged in a court of law.
Participant / participant(s) agree and acknowledge that nothing contained in these Terms will be deemed to constitute a grant of license/ assignment and/or transfer of any rights in and to the Award format or Award whatsoever from Management in Participants / participant’s favor. The Terms shall be available on the Website/Platform to ensure that no Participants /participant is misled, and every Participant understands the entire process and the other terms and conditions mentioned herein prior to participating in the Award.
Participants / participant specifically agrees and acknowledges that any disputes or claims shall be resolved individually, and the participant(s) agrees to not file by resort to any form of class action and/ or through any family member and/or third-party applications, criminal and/ or civil proceedings in any courts or forums against Management, their directors, employees, officers, affiliates, or subsidiaries to claim any damages. Under no circumstances will Management be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise
Management shall not be responsible for any errors or omissions in the terms and conditions contained herein. All information provided is provided “AS IS” without warranty of any kind. Management makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Participant(s) and/or any third party including, without limitation, warranties as to efficacy, accuracy, timelines, and completeness for any particular purpose
Management reserves the right to suspend any of the Participant(s) in case it has reasonable grounds to conclude that the individual(s) have been alleged in any public domain and/or social media websites for any misconduct, sexual harassment, physical abuse, racial activities, coercion in any form, criminal cases or any other reasons which may be tantamount to general misconduct.
By participating in the Award, to the extent permissible under law, it shall be construed that the Participant(s) has hereby expressly or irrevocably waived his/her right to raise any dispute about the Award or attempt to restrain or injunct or enjoin, the development, execution, or exploitation of the Award and/or the continuance of the Award.
Participant(s) acknowledges and agrees that the relationship between the Participant(s)and Management is not a confidential, fiduciary, agency, or other special relationship.
Management reserve the right to modify, alter or amend the format of the Award, the Terms for selection of winner for each Level or any other Terms and regulations at any time, at its discretion, during the award period. Management will not be liable and will not entertain any queries related to the same.
Management shall not be answerable to any person with regards to any of the Award processes including but not limited to the calculation of scores, time taken for answering, systems and processes of selection or elimination etc.
The Terms and conditions in relation to the Award as stated herein, is an electronic record in terms of Information Technology Act, 2000 (“Act”) as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Participant agrees that he/she has not been convicted or is otherwise involved in any criminal offence and/or is not under an inquiry or trial by the police or judiciary which has not been disclosed to Management in writing, that the Participant is/are not required to be present before any authority including police or any court of law during the event dates informed by Management and has no other disability which would prevent his/her participation in the Award.
The Participants acknowledge that he/ she has voluntarily chosen to participate in the Award at his/ her free will and is willing to bear all risks, costs, and consequences arising from such participation. It is a condition of entry and participation in the Award that the Participants have not entered into any contractual, commercial, agreement (including but not restricted to recording, performing and/or merchandising contracts) or other arrangements for e.g. with a management or an individual to act as the Participant’s manager in respect of his/her abilities to participate in the Award or the products thereof or in respect of his/her name, likeness, image or biography which might be in breach of the Terms or otherwise prevent the participants from participating in the Award or the broadcast, publication, promotional activity, exploitation thereof.
Participation shall not be transferable.
Employees, officers, directors, agents, and Management (including their immediate family members) of Company and its affiliates across the globe, advertising agency, process advisors and evaluators, contract employees/ staff, partners, their affiliates, subsidiaries, group companies, independent contractors to the Company (including associated teachers) are not eligible to participate in the Award and shall be referred to individually as Ineligible Person. Management reserves the right to disqualify a participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Producer/Management or any of Management’s sub-contractors and vendors of the Award, and/or in the information stated in the documents provided by the Participant. The Participant shall undertake, warrant, and guarantee to Management that the participant has full legal capacity to participate in the Award in accordance with these Terms & Conditions.
By registering for the Award, the Participant represents that he/she is medically fit and does not have present or past psychological ailments. If in the past he/she had any psychological ailment or have been under medication for any psychological, anxiety, hypertension, depression, or any other medical problems, the same shall be disclosed to Management in writing along with a copy of the certificate from a qualified medical practitioner declaring him/her to be fit for participation in the Award.
Participants will not be confirmed for the Award if they are suffering from any kind of ill health, medical problems (i.e., heart ailment, blood pressure, final stages of pregnancy, etc.). It is the responsibility of the Participants to be medically fit for participation.
Each participant is also required to refrain from wearing any clothing items bearing designer or sports logos or bearing the names or likeness of a celebrity/imminent personality, living or dead, during the shoot, recording of the participation to the Award. The participants are also not permitted to wear or mention any competing names of competitors of the Management of Award.
On providing the email address, phone number for registration, it is assumed that the person has provided the permission to send mails/messages to reach him/her during and post the Award.
All personal details and information requested by and supplied to Management by each Participant must be truthful, accurate and in no way misleading. Management reserves the right to disqualify any Participant(s) from the Award in its sole discretion, should the participant(s) at any stage supply untruthful, inaccurate, or misleading personal details and/or information.
In the event of any fault, misunderstanding or dispute concerning any part of the Award, and/or the operation of the Award, the selection of Winner at any stage, or the validity of any question or answer options, the decision of the Management shall be final and binding on all Participants and other persons. The Management is empowered to take a decision on any case or instances not covered by the present Terms
By entering into the Award, the Participants (individually) waives all copyrights, rights of publicity and any related rights and consents to Management’s right to picture, tape, record or portray him/her as a Award winner, and to exhibit this material (including the details of App developed during the Award) in any and all media now existing or hereinafter created, including without limitation television, film, radio and print media, without any compensation whatsoever for advertising and publicity purposes, except where prohibited by law. The Participants / participants also consent to Management’s right to use participant’s (his/her) name, voice or picture, or the content of his/her participation, details of App developed (collectively referred to as “Publicity Rights”) and waives any further claim against the Company/Management in this respect. Management can allow to its agencies to exercise/exploit the Publicity Rights in conjunction with Management.
Efforts will be made to adhere to the defined timelines. However, this Award shall be subject to force majeure (including but not limited to strike, war, act of god viz; storm/fire/flood, pandemic, lockout, etc.), events and on occurrence of such an event, the Award may be withdrawn, modified, abandoned, and/or postponed at the sole discretion of the Management. The defined timelines are subject to change based on circumstances, including but not limited to governmental guidelines/orders/notifications pursuant to COVID-19. It is expressly if Management reserves the right to change the dates and timelines at its sole discretion.
Using of false names/ identities (impersonation), illegal/false mobile numbers, fake email addresses and/or any other illegal means either online or in hard copies shall be considered as suppression of facts and if Management must suffer of any adverse consequence in this respect, the Participant/s shall be subject to civil and/or criminal actions for the same, as Management may deem fit.
Management has the right at any time to require proof of identity and/or eligibility. The failure to provide proof or affidavit of eligibility, including the proof of name, address, and correct date of birth within the time as stipulated in the Terms or upon request by Management may result in disqualification. Management also reserves the right to disqualify a participant in case where a discrepancy is found to exist in the information furnished/provided/stated by the participant during the conversation with Management or any of Management’s sub-contractors and vendors in the Award, and/or in the information stated in the documents furnished by the participant or at any time.
The Participant unconditionally and irrevocably releases the Management from any claim arising out of the usage of the stories pertaining to Award or publications of Award/Participants, by the Management through various means, including advertising or publication in any form or mode. The Management shall have no obligation towards the Participant and shall not be held responsible with respect to any advertising or promotional material which the Management may create and disseminate regarding participation in the Award. The Participants shall not be entitled to any compensation or other rights or benefits against such promotional usage by the Management.
The Participant shall be required to ensure that the applicable laws of India don’t restrict/prohibit them to participate in this Award. This Award shall not be applicable to those states of India, which prohibit the participation in this Award
If at any point, it is determined by Management that any person has tampered with the Website, or any data / servers / database / etc. related to the award, Management reserves the right at its discretion to revoke or awards/prizes/gratification/rewards of any such participants and / or initiate litigation as deemed fit and necessary by Management.
The Participant agrees and undertakes not to attempt to gain unauthorized access to the site, other accounts, computer systems or networks connected to any server through hacking, password mining or any other means.
The Participant agrees and undertakes not to obtain or attempt to obtain any materials or information stored on the Platform, its servers, or associated computers through any means not intentionally made available through the Platform.
17. Participants Communication
Participants hereby explicitly consent to receive email, telephone, WhatsApp, or text messages from Company for the purpose of providing alerts and information related to the Award and or related services/offerings of the Company during/after the Award. This consent shall override any registration Participants may have made in the National Do Not Call Registry.
Management has no obligation to screen information submitted and is not responsible for monitoring information submitted, to prevent violation of intellectual property ownership rights of anyone including third parties, or violations of any law, rule, or regulation.