TERMS OF USE

These Terms of Use, along with the privacy policy located at timesoutandproud.com (together referred to as "Terms of Use"), is a binding agreement between Bennett, Coleman and Co. Ltd. ("BCCL"/ "we"/ "us"/ "our"/"Company") and the user (“User"/"you"/""your") of the site timesoutandproud.com ("Site") which is owned, operated and maintained by BCCL. These Terms of Use are an electronic record under Information Technology Act, 2000 and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws:

1. Your access to the Site is subject to these Terms of Use, which may be modified / updated from time to time by BCCL. It would be the exclusive responsibility of the User alone to keep informed as to any changes in the Terms of Use and continued usage of the Site shall be deemed as acceptance to the modified Terms of Use.

2. You agree to be bound by the terms of these Terms of use. If the User is below 18 years of age, the User represents that he/she/they have permission from their parents/guardians to visit this Site and to be bound by these Terms of Use. By visiting this Site and accepting these Terms of Use, you represent and warrant to BCCL that you have the right, authority and consent / capacity to use the Site and agree to and abide by these Terms of Use. You also represent and warrant to BCCL that you will use the Site in a manner consistent with any and all applicable laws and regulations.

3. Certain areas of the Site may have different terms of use, which may be highlighted / posted at appropriate section. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the Site, the applicable portion of the latter shall have precedence with respect to your use of that area of the Site.

4. While accessing the Site, the User may choose to share and upload their stories / views / opinions in the provided sections. For such uploading of details and content, the User hereby expressly agrees to provide its full name, valid mobile number, valid email id (as three necessary inputs) and photograph (if opted by the User) from their personal internet device. All personal information including the full name, mobile number, email id and photograph, as uploaded by the User, shall be subject to privacy policy of the Site available at timesoutandproud.com/privacy-policy.

5. The User will have an option to choose (a) whether their stories may be shared on social media websites and other platforms by the Site, and (b) to hide their identity in the material displayed on the Site.

6. All contents/stories uploaded by the User on the Site would be the exclusive property of BCCL and copyright in the uploaded information shall vest with BCCL. User assigns all intellectual properties in his/her/their uploaded content/story to BCCL irrevocably and in perpetuity. User hereby agrees that BCCL may at its sole discretion use / produce the said uploaded content/stories in any manner in all forms of media, present or future, alone or together, including but not limited to with any work, articles, materials, on the Site, in newspapers, supplements, books, mobile applications, any social media platforms etc.

7. BCCL shall have a right to moderate/update/ alter/ delete the uploaded content/stories if it is found to be in breach of any applicable law or BCCL’s media policies. BCCL’s discretion in this regard shall be considered final and shall not be questioned by the User.

8. No material from the Site may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from BCCL. All rights not expressly granted herein are reserved. Unauthorised use of the materials appearing on the Site may violate copyright, trademark and other applicable laws, and could result in criminal or civil action/penalties. The User is granted a non-exclusive, non-transferable, personal, limited right to access the Site as-is, with no warranties on accuracy from BCCL.

9. Prohibited Activities/ Restrictions - The User shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that:

(a) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(b) names or defames or brings in poor light any person or organisation;

(c) harm minors in any way;

(d) infringes any trademark, copyright or other proprietary rights of any person or organisation;

(e) violates any law for the time being in force;

(f) deceives or misleads or communicates any information which is grossly offensive or menacing in nature;

(g) misuses the Site by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications related to the Site.

(h) allows access to the Site through any illegal means. Including any misdirection / misinformation.

10. BCCL may monitor User’s access to the Site and if any such access or activity is considered to be in breach of these Terms of Use, BCCL at its sole discretion may disable User's access to the Site or any part thereof at any time without any notice.

11. BCCL does not make any warranties, express or implied, with respect to any uploaded content /stories, names, anecdotes, views, ideas, opinions, information, data, software, system, functionality, statements, made available on the Site. The information contained in the Site consist of third party information and content uploaded by other Users. The Site, and all content, materials, information, software and services provided on the Site, are provided on an "as is" and "as available" basis.

12. BCCL does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful mechanisms. BCCL to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the fitness for particular purpose and non-infringement. BCCL makes no warranties about the accuracy, reliability, completeness, or timeliness of the Site’s content, services, software, text, graphics, and links.

13. Under no circumstances will BCCL or its affiliates be liable in any way for any content/stories uploaded on the Site, including but not limited to any inaccurate, false, erroneous, incomplete content, or any part there which may infringe other’s rights (including intellectual property rights, reputation, privacy), or for any related loss or damage of any kind incurred as a result of the use of any content/ stories posted or uploaded on the Site. Further, under no circumstances shall BCCL be liable for any unlawful act of the User or its affiliates, relatives, employees, agents including misuse of any data, unfair trade practices, fraud, cyber squatting, hacking and other cyber crimes. In no event shall BCCL be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Site, or any information provided thereon, or any claim attributable to errors, omissions or other inaccuracies in the Site.

14. User agrees to indemnify and hold BCCL, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorney’s fees, asserted by any third party due to or arising out of User’s use of, or conduct, or uploading of content/stories on the Site. BCCL reserves the right to disclose any personal information about the User and their use of the Site including its contents, without User’s prior permission, if BCCL believes in good faith that such action is necessary to:

(a) conform to legal requirements, or comply with legal process or applicable authority/court orders;

(b) protect and defend the rights or property of BCCL or its affiliated companies; and / or

(c) enforce the Terms of Use;

15. If the Site provides links to websites and access to any services from third parties, the User agrees that BCCL is not responsible for the availability / links of or to such third-party websites. The User is requested to peruse the policies posted by other websites regarding privacy and other terms before use. BCCL is not responsible for third-party content accessible through the Site, including opinions, stories, advice, statements and advertisements, and User shall bear all risks associated with such use of third-party website(s). BCCL is not responsible for any loss or damage of any sort which User may incur from dealing with any third-party. BCCL makes no warranty or representation regarding, and does not endorse, any linked third-party websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that BCCL or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of BCCL or any of its affiliates or subsidiaries.

16. BCCL shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Site, or materials uploaded/advertised on the Site, by end users or any other third parties.

17. Report abuse / Grievance redressal / update: In the event you have any grievance in relation to any content uploaded on the Site, or if you wish to report any related abuse, or you wish to update your uploaded content/story, you may contact our Grievance Officer, at timesoutandproud@timesgroup.com; or write to Grievance Officer at the following address: Timesoutandproud, Times of India Building, Dr. D.N. Road, Mumbai- 400 001

18. For information about data protection practices, please read our privacy policy which is incorporated by reference into these Terms of Use. The Privacy policy explains how BCCL treats User’s personal information, and protects your privacy, when you use the Site.

19. Miscellaneous

(a) These Terms of Use shall be governed by the laws of India. Courts of law at Mumbai shall have exclusive jurisdiction over any disputes arising under these Terms of Use.

(b) These Terms of Use contain the entire understanding and supersedes all prior understandings between the parties relating to the subject matter herein.

(c) If any portion of these Terms of Use is held invalid or unenforceable by a competent judicial authority, such portion will be construed as deleted, and the remaining portions will remain in full force and effect.

(d) Provisions of these Terms of Use shall be applicable in perpetuity and shall govern the User’s use and access to the Site.

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and the rules thereunder as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signature.

By signing up for/ participating in the Contest, the Contestant is indicating his/her / their agreement to be bound by these terms and conditions. These Terms, as well as the privacy policy available at www. https://timesoutandproud.com/ form a legally binding Agreement between the signee/ Contestant and BCCL.

Definitions

BCCL - Shall mean Bennett, Coleman & Co. Ltd and/or its associates.

Contest - Bombay Times is reaching out to the advertising community to take up the cause to engage to build inclusivity in the workplace for LGQBT community. BCCL is proposing to do this with Out & Proud, having launched a interesting campaign we wish to liaison with the ad world to make the campaign engaging and exciting.

Contest Management - This Contest is organised BCCL; through itself and/or its associates and responsible for the overall conduct of the Contest in India.

Entry (ies) - Any and all creative ads sent or shared to BCCL by the Contestant (defined below) must be sent via email.

Contestant/You - Any individual that participates in the Contest by submitting a Entry.

Prize (s) - Winner’s entry may be released/published in Brand Equity newspaper and may win an Apple iPad.

Terms and Conditions (“T&C” or “Terms”) - These Terms governing the Contest, may be amended from time to time and is subject to BCCL's policies and other conditions. These Terms may be modified without any prior notification by BCCL. The Contestant(s) are advised to regularly review these Terms. If there is any disagreement with any of the Terms and any amendments thereto, individuals must not participate in the Contest.

Winner (s) - Means any successful Contestant who is selected on the basis of his/her/their superior skill and BCCL’s predetermined selection parameters who is thereafter deemed eligible for receiving the Prize herein.

1. Objective

BCCL is dedicated at helping individuals from the advertising and media fraternity to showcase their creativity by submitting their Entry in the form of creative ads as per the format as specifically stated herein.

2. Eligibility criteria for participation in the Contest

• The Contest is open for any citizen of India;
• The Contestant must be of 18 years of age as on April 5, 2023;
• There shall be no registration/entry fee for the Contest. The participation in the Contest is free of cost;
• Employees of BCCL or FCB India, their associates, subsidiaries and group companies are, not allowed to participate in the Contest;
• The final eligibility of the Contestant will be subject to the discretion and approval of BCCL;
• A Contestant may be disqualified if there is any conflict with BCCL, even if this is identified at any point of time during/after the Contest.

3. RECEIPT OF ENTRIES

• All entries need to be sent to this email id timesoutandproud@timesgroup.com
• Last date for receiving completed entries is April 28, 2023, 23:59 IST.
• The Contestant may apply to participate in the Contest by submitting a PowerPoint presentation in PPT or PDF format
• Contestant’s entry for the Contest will be announced in the Times Group publications along with one or more relevant media platforms - through social media websites, or by direct communication with potential Contestant or on the Microsite and that shall be construed to be adequate notice for call for the entries
• Receipt of application forms after last date of receipt may be permitted only at the sole discretion of BCCL.
• BCCL shall have the liberty, but not the obligation, to publish information with respect to the Entry made by the Contestant.
• BCCL will not be responsible for application forms that are damaged / lost due to lack or lapse in any communication because of internet failure or any other technical issue.
• BCCL shall put in commercially reasonable efforts to ensure smooth functioning of the Microsite. However, notwithstanding the foregoing, BCCL shall not be liable for any error or failure of the website or any other glitch which results in downtime or any malfunctioning in the functioning of the Microsite or any part thereof.

4. DISQUALIFICATION

• Winners shall not conceal or misrepresent any information during the scrutiny or otherwise, failing which the Contestant shall be disqualified for participating in the Contest.
• The entry shall be original creative content of the contestant and BCCL shall have right to disqualify any entry on the basis of objection of plagiarism or IPR infringement raised by any third party.
• In the event if any information is required by BCCL or its associates in relation to the Contest, it may try to contact the Contestant to obtain such information, if the said is not possible, such Contestant may be disqualified from further Contest.

5. TIMELINES

• Efforts will be made to adhere to the defined timelines. However, the defined timelines are subject to change based on extenuating circumstances.
• BCCL reserves the right to change, alter or cancel this Contest in part or full, or change any or all of the terms and conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages. Decision of BCCL in this regard and in general with respect to this Contest and the Terms thereto shall be final, binding and non-contestable.
• BCCL and its associates shall not be held accountable / liable for any disruptions / stoppages / interruptions or cancellation of the Contest or any part of its processes because any factors beyond its control.

6. ADDITIONAL INFORMATION

• The Contestant may be contacted for any additional information by BCCL or its associates on a best-efforts basis by any means deemed appropriate to verify the information provided. Such information sourced from the Contestant will become part of the original Entry. 
• BCCL has the right to ask for documentary proof of information. If such a request is made and the Contestant does not comply within 5 (five) working days from the date the request is made, the Contestant may be disqualified from the Contest.
• Contestant’s information/Entry collected/submitted by BCCL during the Contest shall be subject to BCCL’s privacy policy and internal policies.
• Information provided by the Contestant will be confidential and will be used only for the limited purpose of evaluating the Contestant’s entry to this Contest.
• The Contestant hereby irrevocably authorizes BCCL to use the data gathered during and/or the Contest in respect of the Contestant. This shall be the property of BCCL and BCCL shall be entitled to use the same in its communications including marketing promotions and advertisements along with/without the BCCL’s brand. 
• BCCL shall not be liable in any manner for any mishap, accident, injury or damages etc. of whatsoever nature, caused to the Contestant during the Contest. Further, BCCL shall not be liable in any manner for any loss, damage, theft, or any other mishap caused during the Contestant.
• Contestant declares that the details furnished by the Contestant for the Contest are true, correct, and complete and, wherever required, provided after thorough due diligence and inquiry. In case any of the said information is found to be false or untrue or misleading or misrepresenting, the Contestant will be liable and accountable for any consequences resulting thereto including indemnifying BCCL for any expenses, costs, losses, or damages incurred.

7. WINNER DETERMINATION & PRIZE

• The Contestant understands and agrees that mere submission of the entry or merely participating in this Contest does not give any warranty or guarantee of publication in BCCL feature or any other Prize. 
• Winners will be chosen basis originality, creativity and differential presentation ideas which resonate with the theme of the Contest.
• The winners will be picked by a leading creative personality from the industry and such other terms as may be formulated by BCCL or its associates.
• The Prize won by the Contestant may not be of a particular specification. The features of the product, colour, other specifications displayed in the newspapers, or the website may defer from the actual gift/product. BCCL or associates will not and cannot be held responsible for any change in product or its specification.
• BCCL or its associates will not and cannot be held responsible for any change in the Prize or its specification.
• The Prize won by the Contestant may not be of a particular specification. The features of the product, colour, other specifications displayed in the newspapers or the website may defer from the actual gift/product. BCCL or associates will not and cannot be held responsible for any change in product or its specification.
• BCCL is not responsible, if a call to a winner is not successful due to:

1. Line being busy;
2. Congestion;
3. No answer received;
4. Poor call conditions / unclear reception;
5. Call drop;
6. E-mail not delivered;
7. Other reasons that could render a call unsuccessful.

• BCCL further reserves the right to replace, at its discretion, any winner(s) who for any reason fails or is disqualified from or is unable to participate in the award, with another Contestant who should be eligible to be a winner.
• BCCL will use the e-mail used by the Contestant to submit the Entry, to identify the winner, if any. Inability on the part of the Contestant to accordingly show or provide the required identification proof could entitle BCCL to disqualify the Contestant from any winning, if any.
• BCCL further reserves the right to replace, at its discretion, any winner who for any reason fails or is disqualified from or is unable to participate in the Award, with another Contestant, notwithstanding that such Contestant may have been previously eliminated from the Contest and each Contestant shall agree to collect the Prize as and when required by BCCL to do so.
• If at any point, it is determined by BCCL that any person has tampered with the Microsite, or any data / servers / database / etc. related to BCCL, thereby BCCL reserves the right at its discretion to revoke the Prize of any such Contestant and / or initiate action including litigation as deemed fit and necessary by BCCL.
• The winner(s) hereby agrees that he/ she/they shall not hold BCCL responsible for any delays and/ or disputes and/or claims arising out of the Prize and shall indemnify BCCL against any and all such claims. 
• The Contestant authorizes BCCL to use the Entry submitted as part of their nomination/ participation, in whole or in part and use and display such entry, which shall include trade publications, press releases, electronic or social media posting to any website, electronic hyperlinks to the website of the Contestant, and/or any other display format selected by BCCL during the Contest or at a later point in time as it may deem fit.

8. INTELLECTUAL PROPERTY RIGHTS

• Contestant represents and warrants to BCCL that following the opportunity to participate in the Contest, all information including any communications, software, photos, text, video, graphics, music, sounds, images and other material and all copyright therein (“Works”) submitted or recorded in any manner by the Contestant for consideration for the Contest are solely owned by BCCL and assign the same to BCCL in perpetuity, and do not infringe upon any other individual or organizational rights (including, without limitation, intellectual property rights). 
• The Contestant hereby grants BCCL, by participating in the Contest, the unlimited right to use, the Contestant’s information, as may be provided by the Contestant, publish and display Contestant’s Work, statements, quotes, still photographs and videos (if any) which may have been captured before or during the Contest to be displayed, disseminated, distributed, licensed, sublicensed, stored, archived, cached, adapted, edited or modified, as solely determined by BCCL  for advertising, trade, publicity and promotional purposes in any form or media (present or future), including but not limited to with any work, articles, materials, on the MicroSite, in newspapers, supplements, books, mobile applications, any social media platforms etc. without notification or approval, all without any payment of consideration.
• Contestant shall be completely responsible for handling any infringement or alleged infringement and shall indemnify BCCL (in India or abroad), and the BCCL from any claims, costs or damages from infringement or alleged infringement of the logo or trademark or copyright or any kind of intellectual property right or the defines of a claim or any costs payable thereof. 

9. GENERAL

• The Contestant shall indemnify  BCCL, its employees, officers, contractors, partner or other persons used by them in relation to this Contest and hold them harmless against any loss, claim, demands, costs, damages, judgments, expenses or liability (including legal costs) arising out of or in connection with any or all claims, that may be brought against the BCCL by any third party in connection with: (i) due to breach of these Terms: (ii); (iii) the Contestant participation in or winning the Competition, which is inconsistent with any of the warranties and representations made by the Contestant, or and shall reimburse the BCCL for any loss, costs, expense, or damage to which said indemnity applies. BCCL shall give the Contestant prompt written notice of any claim or actions covered by this indemnity, and the Contestant shall have the right, at its own expense, to participate in any such action.
• All disputes relating to or arising out of the Contest shall be subject to the laws of India and shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction at Mumbai, India. Interpretation of these Terms for any legal issue will be considered only in English. 
• The Contestant agrees that the Entry is genuine, authentic and original. Further, the Contestant represent and ewarrants that the Entry shall not be harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable or otherwise unlawful in any manner whatever;
• The Contestant voluntarily agrees to submit the required documents and personal information to participate in the Contest. The Contestant voluntarily consents and permit that, the BCCL will use any personal information that the Contestant provides in accordance with applicable laws for the purposes of this Competition and for any marketing or other purposes. BCCL may also share such information(s) with its affiliates, subscribers, clients, associates, advisors, consultants, third-party healthcare technology platforms, aggregators, vendors, its service providers, subcontractors, and agents for the purpose of this Competition. The information may also be used by BCCL for:
• recommending various products or services including those of third parties;
• dealing with requests, enquiries and complaints and Competition related activities;
• marketing products and services and its analysis;
• abiding with laws and law enforcement/regulatory requests;
• BCCL reserves the right to, at its discretion, withdraw or amend or add to the Terms of the Contest at any time, with prospective or retrospective effect, and does not take responsibility for any loss or damage that any individual or organization may suffer because of participating or attempting to participate in the Contest, the Contestant being withdrawn or its Terms amended.
• Should a Contestant wish to withdraw from the Contest, he/ she/ they may inform BCCL in writing at any time upto ______prior to the last date of Entry for submission. 
• In the event these Terms do not cover any question or complaint in relation to the Contest, the same will be concluded on by BCCL (for all other issues) or an independent body or legal team as appointed by BCCL and deemed necessary. 
• The decision of the BCCL in relation to the interpretation of any of these Terms shall be final and binding on the Contestant(s) and no correspondence will be entertained on the same.
• The Contestant(s) shall bear the cost of any expenses incurred for the Contest and will not hold BCCL responsible whatsoever. It is up to the discretion of BCCL to reimburse the expenses fully/partially from case-to-case basis.
• If the Contestant(s) are unclear as to the Terms or any element of the awards or have any queries/concerns pertaining to the Competition, they can write in with their questions, concerns or queries to the following email addressTIMESOUTANDPROUD@TIMESGROUP.COMBCCL shall endeavour to the best of its ability to respond thereto. 

10. MICROSITE

• The website is only an informational website (the “Microsite”) for the Contestant. BCCL or its subsidiaries or holding entities (“The Times Group”) is not liable or responsible for any action or decision taken by the Contestant or anyone acting on the Contestant’s behalf or under Contestant’s employment or under contract with the Contestant. BCCL shall not be under any obligation to the Contestant and the Contestant shall have no obligation or rights in relation to the Contest and shall have no claims whatsoever against BCCL relating to the selection process or the running of the Contest. BCCL does not make any warranties, express or implied, with respect to any service, information, data, software, system, functionality, statements, content made available on the Microsite. The information contained in the Microsite has been obtained from sources believed to be reliable. The Microsite, and all content, materials, information, software and services provided on the Microsite, are provided on an "as is" and "as available" basis. 

The Contestant shall not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of the Microsite, or other user's ability to use the Microsite. 

• BCCL shall not be responsible for: 

• Any delivery, failures relating to the registration or uploading videos/presentations; 
• Any messages as result of Contestant accessing the Microsite; 
• Any failure of payment process due to technical reasons or any reason beyond the control of the BCCL;
• Any lost, late or misdirected computer transmission or network, electronic failures of any kind or any failure to receive entries owing to transmission failures or due to any technical reasons and; 
• Other conditions/situations or failures beyond its control which may include any government order, amendment to applicable laws, judicial orders, rules and regulations, unprecedented conditions etc.

DISCLAIMERS

BCCL has no obligation to screen the entry material in advance and is not responsible for monitoring entries for the preventing of any violation of intellectual property ownership rights, or violations of any laws, rules or regulations. If BCCL is notified of any submissions or materials that may not conform to the Terms, it may investigate the allegation and determine in good faith and in its sole discretion whether to eliminate such an entry from consideration. BCCL has no liability or responsibility to the Contestant or other users of the Microsite for performance or non-performance of such activities.