TERMS AND CONDITIONS
This document contains the terms and conditions (“Terms & Conditions”) between Nivelle Communications Private Limited (“Nivelle Communications”, “we”, “our”, “us”) and you, the reader of these Terms ( “you”, “your”).
The Terms & Conditions set forth the terms and conditions which govern your participation in Entertainment Premier League organized by Nivelle Communications in India, titled “Entertainment Premier League”. By accepting these Terms & Conditions, you agree to abide by all policies, guidelines and rules posted by Nivelle Communications on the competition website ‘https://entertainmentpremierleague.com/’, mobile applications, or on any other platforms owned and operated by Nivelle Communications.
By submitting the registration form for the Entertainment Premier League, you agree to be bound by these Terms & Conditions.
Nivelle Communications reserves the right to update, revise, modify or replace the Terms & Conditions or any portions thereof at its sole and absolute discretion, where such changes and/or updates may be posted by Nivelle Communications on any or all of the competition platforms. It is your responsibility to check the platforms from time to time to stay updated on revisions or changes to the Terms & Conditions (if any). Your continued use of the platform and/or participation in the Entertainment Premier League following the posting of the revised Terms & Conditions by Nivelle Communications shall be deemed to be your acceptance of the Terms & Conditions (including revisions/changes, if any) or any portion thereof and same shall be binding on you.
- Registration: the registration form available at the website to be submitted by the ‘Participant’ (defined below) in the form and manner described under ‘Application Process’.
- Participant(s): an individual being 18 years or older participating in the Entertainment Premier League by submitting the registration form
- Entertainment Premier League: the competition organized by Nivelle Communications, to provide networking opportunity for the wedding management industry
Eligibility for participation in entertainment premier league
Eligibility for participation in entertainment premier league:
- he/she/they shall be a minimum of 18 years or above at the time of entry;
- he/she/they shall be a citizen and resident of India;
- in addition to the above, participant- type wise eligibility criteria is as follows:
|Participant Type||Eligibility Criteria|
|Singer (Live band)||
|Male Anchor||Participant must have minimum 5 years ofexperience|
|Female Anchor||Participant must have minimum 3 years of experience|
|Female makeup artist||Participant must have minimum 3 years of experience|
|Hospitality service||The participant must be from a company that must have been incorporated for atleast 5 years as on August 31, 2023|
|5 Star Hotel||
|Venue / Pandaal||
Nivelle Communications may provide additional criteria for eligibility, if it deems fit, in its sole discretion.
Nivelle Communications reserves the right to request the Participant for documentary proof of eligibility or compliance with these Terms & Conditions.
Participation in Entertainment Premier League is subject to defined rules and regulations available on the website (https://entertainmentpremierleague.com/)
Employees and immediate family members of Nivelle Communications, sponsors and partners of the Entertainment Premier League are not allowed to participate in the Entertainment Premier League.
Nivelle Communications holds the right to disqualify any application which does not meet the eligibility criteria. The management’s decisions are final and binding and cannot be challenged in any manner whatsoever.
Nivelle Communications may modify the eligibility criteria from time to time with retrospective effect, without prior written notification
Participants that meet the eligibility requirements mentioned in clause 2 above, shall submit 1 (one) registration that shall contain the required mandatory documents as mentioned in registration form. In the event any Participant submits more than 1 (one) registration form, Nivelle Communications shall not be required to consider any Application of such Participant.
Nivelle Communications may request additional information from the Participants as may be necessary to evaluate the Application, and the Participants shall provide such information to Nivelle Communications.
Timeline for Registration: Nivelle Communications shall share the timeline for the submitting the Application on the website or any other form of communication(s). Nivelle Communications may, at its sole discretion, close the Application for participation in Entertainment Premier League, earlier than deadlines posted on the website or as communicated earlier.
By submitting a registration form, each Participant further agrees and acknowledges that:
- only the registration forms submitted by the Participant that are in line with the requirements detailed herein shall be reviewed by Nivelle Communications.
- the decision of Nivelle Communications in shortlisting/selecting the participants for Entertainment Premier League shall be absolute and final and no Participant shall be entitled to raise any dispute/claims of any kind or nature, in this regard. Further, Nivelle Communications shall not be required to justify or explain its decision of selection and/or rejection of any Application to any Participant or any other third party whatsoever.
- these Terms & Conditions shall continue to be applicable to the Participant during the entire course of its participation in the Entertainment Premier League and even thereafter (to the extent applicable).
- all costs and expenses of any kind or nature, incurred by the Participant in connection with its participation in the Entertainment Premier League shall be borne by the Participant, without any recourse to Nivelle Communications and/or its licensees/assignees.
Each participating squad will have 15 players with atleast:
- Three female players
- Two celebrities
- One team owner
- Nine balance players meeting the eligibility criteria as mentioned above
In case the participant count exceed the defined number, the team owner will have the authority to decide further action.
The final count of the team is as per the discretion of the team owners and Nivelle Communications
No ex-cricket player can be a part of the squad. The following formats are to be considered while assessing ex-cricket player status: Domestic cricket leagues, Indian Premier League (IPL) or any professional league/ tournament
In addition to the above, each Participant agrees and acknowledges that:
- at the registration stage of the Entertainment Premier League, the Participants shall comply with all such rules and policies, quality standards and other specifications as communicated by Nivelle Communications from time to time. Nivelle Communications reserves the right to disqualify any Participant that does not comply with the rules and policies, quality standards and other specifications communicated by Nivelle Communications.
- Nivelle Communications do not provide any guarantees, undertakings or warranties in relation to an Participant’s chances of being selected for Entertainment Premier League.
- Notwithstanding anything contained herein, Nivelle Communications reserves the right to amend and/or modify the Terms & Conditions and if so deemed necessary by Nivelle Communications, suspend and/or even terminate the Entertainment Premier League, at its sole discretion.
- The Participant authorizes Nivelle Communications to use the content submitted as part of nomination/ participation, in whole or in part and use and display such content and entry, which shall include trade publications, press releases, electronic and/or social media posting to any website, electronic hyperlinks to the website of the Participant, and/or any other display format selected by Nivelle Communications at any point in time as it may deem fit.
- Nivelle Communications may, in its sole discretion, exclude a Participant from participating in any part of the Entertainment Premier League on various grounds, which may include without limitation (i) circumstances which renders the Participant unfit to participate therein; (ii) inability to produce documentation specified proving the identity of the Participant; (iii) any other reason that, at their sole discretion, would adversely impact the programme. At no point of time will Nivelle Communications be obliged to notify unsuccessful Participants of its decision
- Nivelle Communications will have no liability to a Participant who is unable to take part in the Entertainment Premier League, for whatever reason and Nivelle Communications shall be entitled to disqualify the Participant(s) from the Entertainment Premier League, at any time, at the discretion of Nivelle Communications
- Management further reserves the right to replace, at its discretion, any finalist(s) who for any reason fails or is disqualified from or is unable to participate in the Entertainment Premier League, with another Participant, notwithstanding that such Participant may have been previously eliminated from the Entertainment Premier League
- If at any point, it is determined by Nivelle Communications that any person has tampered with the Website, or any data / servers / database / etc. related to the Entertainment Premier League, Nivelle Communications reserves the right at its discretion to revoke participation of any such Participants and / or initiate litigation as deemed fit and necessary by the Nivelle Communications
- The participant agrees that the delivery of the prize may be delayed as a result of a delay in submission of documents and/ or any force majeure events which are not within the control of Management, including but not limited to the orders/notifications/restrictions/prohibitions by the Government of India/other countries and the respective States/Union Territories, aimed at containment of the spread of COVID-19.
- The finalists hereby agree that any in case of any disputes/ claims arising out of the prize, the same shall be addressed directly to Nivelle Communications.
- Nivelle Communications may refuse to gratify the finalists in the event of any fraud, dishonesty, or non-entitlement on the part of any of such Winner(s) to participate in the Entertainment Premier League, under the Terms.
Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another's computer or property
Using the Website 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 Website
Attempting to gain unauthorized access to the Website, other accounts, computer systems or networks connected to any server through hacking, password mining or any other means.
Obtaining or attempting to obtain any materials or information stored on the Website, its servers, or associated computers through any means not intentionally made available through the Website
Limitations & Disclaimers
Nivelle Communications will not be responsible for late/ incomplete/ corrupted/ defective registrations and/or which cannot be read or viewed for any reason, and such registrations shall stand automatically disqualified. Nivelle Communications shall not be responsible if for any technical, physical, or other reasons, the Entry is not received or cannot be read/ viewed/ judged.
Nivelle Communications gives no warranties in respect of any aspect of the Entertainment Premier League, or any materials related thereto or offered at the Entertainment Premier League and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Entertainment Premier League are provided on an “as-is” basis. Nivelle Communications does not accept any responsibility or liability for reliance by you or any person on any aspect of the Entertainment Premier League or any information provided at the Entertainment Premier League.
Nivelle Communications does not make any warranty that the Entertainment Premier League and/or emanating results will meet Participant’s expectations.
Intellectual property rights
Each Participant agrees and acknowledges that if the Participant is selected as a player, all rights, title and interest, including the right to broadcast, stream, publish, transmit, communicate to public, distribute, reproduce, sell, rent, or exercise any other right in and to the works developed and created (at whatever stage of completion) for the purpose of the Entertainment Premier League, including without limitation, all the underlying works including, any literary works, musical works, artistic works, performances embodied therein, and, any other materials/works or intellectual property, conceived, created, developed or produced, performed by such Participants/Finalists, during its participation in Entertainment Premier League (“Works”), shall stand assigned to Nivelle Communications for perpetuity and throughout the world and for exploitation on all modes and media whether currently in existence or that develop in future.
To the extent that the assignment does not apply to any new mode, media or format of exploitation that may emerge in future (“New Media”), the Participant hereby grants Nivelle Communications, an irrevocable, perpetual, worldwide and exclusive licence to exploit the Works via New Media. Participant and/or the Finalist (as the case may be) expressly agree that the provisions of 19(4) and 19A read with 30A of the Copyright Act shall not apply to these Terms & Conditions.
Each Participant further authorises Nivelle Communications to (i) take audio, visual and/or audio-visual recordings of the voice, performance, appearance and any all activities and Works presented and performed by the Participant during its registration in the Entertainment Premier League (“Registration”); and (ii) to edit, alter, modify, cutdown or create any derivative content based on the Participation, to use and/or exploit the same as part of and in connection with Entertainment Premier League and advertising, marketing, promotional, publicity thereof, in any manner deemed fit by Nivelle Communications, in its sole and absolute discretion.
Participant hereby assigns all rights, title and interest in and to its Participation, in favour of Nivelle Communications, for perpetuity and throughout the world and for exploitation on all modes and media whether currently in existence or that develop in future.
The Participant hereby waives the benefit of any provision of law known as ‘droit moral’ or any similar or analogous law or decision in any country of the world to the fullest extent permitted by applicable law, that might limit or restrict in any way the right of Nivelle Communications to fully enjoy and exploit all rights in and to the Participation and/or Works throughout the world, or which might require additional payment by Nivelle Communications.
Participant and/or the Finalist undertakes to execute such further documents, agreements, forms etc. as may be required by Nivelle Communications to perfect the rights granted herein by the Participant. In this regard, the Participant grants Nivelle Communications, a power of attorney to do such acts and execute such documents necessary.
Participant agrees and acknowledges that all aspects, including all creative aspects, of Entertainment Premier League, Participant’s Participation and/or publicity, promotion, use and/or exploitation of the thereof, shall be at the Nivelle Communications’s and/or its licensees/assignees sole discretion.
Promotion and marketing
Nivelle Communications shall have the right to use the name, voice, biography and likeness, image, or any other attributes of the Participants (“Participant’s Attributes”) in the publicity materials created for promotion/marketing of Entertainment Premier League, where such publicity materials may be exploited by the Nivelle Communications and/or its licensees/assignees in any and all media for perpetuity and throughout the world, without additional compensation, notification or permission to/of the Participant.
Participant agrees to participate in such marketing and promotional activities, as required by Nivelle Communications.
The Participant agrees and acknowledges that: (i) Nivelle Communications shall have the right to collect, use, and store personal data provided by the Participant which shall include first name and surname, address details, telephone number, email address, date of birth, countries of residence and citizenship, gender, professional experience, government ID, financial information, banking information and any other information that Participant may provide in connection with the Entertainment Premier League (“Personal Data”); and (ii) Nivelle Communications may use, transfer or disclose such Personal Data to third parties such as IT (information technology) service providers for the purpose of Entertainment Premier League and for any communication regarding events organised by Nivelle Communications.
Participant’s representation and warranties
Each Participant represents and warrants that:
- Participant has the power and authority to accept and perform these Terms & Conditions and grant all rights hereunder;
- it is not under any disability, restriction, or prohibition, whether legal, contractual, or otherwise, which shall prevent the Participant from performing or adhering to these Terms & Conditions and Participant has not entered into and shall not enter into any agreement that may violate these Terms & Conditions or any provision hereof;
- Participant shall comply with the applicable laws; and
- No litigation, arbitration, or administrative proceedings are threatened, or, pending against the Participant and/or the Works, which affect the rights of Nivelle Communications under these Terms & Conditions or that call into question the validity or performance of these Terms & Conditions or Participant’s other obligations in relation to Entertainment Premier League.
Termination and disqualification
Nivelle Communications reserves that right to disqualify any Participant in the Entertainment Premier League if, in Nivelle Communications’s sole discretion, any Participant: a) is in breach of these Terms & Conditions or any part thereof, or any other rules and/or policies of Nivelle Communications and/or Entertainment Premier League; b) does not meet the criteria for eligibility or any requirements of Entertainment Premier League; c) has engaged in any misconduct that is, in Nivelle Communications’s discretion, detrimental or unfair to Nivelle Communications, Entertainment Premier League, or any other Participant; or d) for any other reason that Nivelle Communications may, in its sole discretion deem fit.
Nivelle Communications may permanently or temporarily cancel, abandon, terminate, modify, or suspend Entertainment Premier League in the event: i) Nivelle Communications believes that Entertainment Premier League cannot be executed or run as planned, due to impracticability, technical failures, any event of force majeure (including without limitation act of god, strike, war, riots, flood, national emergencies pandemic/ epidemic or any other event beyond Nivelle Communications’s reasonable control), government measures, shortcomings by third parties that were engaged by Nivelle Communications, disruption of the internet connection, hardware failures, failures in (telecommunication) networks, any unforeseen circumstances such as inadequate quality or number of submitted Applications; or ii) for any other reason whatsoever, where Nivelle Communications shall not be required to assign or justify the reason for such cancellation, abandonment, termination, modification, or suspension of Entertainment Premier League. In the event, Nivelle Communications cancels, abandons, terminates, modifies, or suspends the Entertainment Premier League, Nivelle Communications shall not be liable to compensate the Participants in manner or pay any damages to Participants for the same.
During the course of Participant’s participation in Entertainment Premier League, Nivelle Communications may disclose certain confidential, technical, financial and / or business information concerning Nivelle Communications, information relating to Entertainment Premier League, or any ideas, concepts, financial or business information, know-how, ancillary information and other proprietary information, content, audios, videos, audio-visual content, files, writings, documents, etc., in relation to Nivelle Communications and/or Entertainment Premier League which may or may not be in the public domain.
Participant shall keep Nivelle Communications’s Information strictly confidential and shall not disclose the same to any third party without the prior written consent of Nivelle Communications.
Participant agrees and acknowledges that Nivelle Communications shall not be liable, in any manner whatsoever, in the event the Participant is unable to access the Website or proceed with or submit the registration form, due to any technical failures, shortcomings by third parties engaged by Nivelle Communications, disruption of the internet connection, hardware failures, failures in (telecommunication) networks, or any other reason that may or may not be attributable to Nivelle Communications. Nivelle Communications shall not be required to re-consider or re-open the Application or provide any compensation/damages to any Participant for such failures or provide any justification or explanation for any such failures.
In no event shall Nivelle Communications and its parent, subsidiaries, associates, or affiliates or any of their respective employees, key managerial personnel, directors, agents, third party service providers, contractors or its licensees/assignees shall be liable for any special, incidental, indirect, exemplary, punitive, or consequential damages of any kind arising from, including but not limited to business interruption or loss of profits, opportunities, or goodwill or any other cause whatsoever.
Participant will at all times indemnify, defend and hold harmless Nivelle Communications, and its parent, affiliated and subsidiary companies, and their respective officers, directors, employees and agents, assignees, from and against any and all claims, damages, liabilities, costs and expenses (including counsel fees) arising out of: a) the use or exploitation of the Works; b) breach or alleged breach by the Participant of these Terms & Conditions or any portion thereof including, any representations, warranties or obligations hereunder that may be expressly stated or implied; and c) any negligence, fraud or misconduct by the Participant.
Participant shall promptly notify Nivelle Communications of any claims received by the Participant.
Governing law and jurisdiction
These Terms & Conditions shall be governed and construed in accordance with the laws of India. Subject to the arbitration provisions hereinbelow, the courts of Delhi, India shall have exclusive jurisdiction with respect to any dispute arising out of these Terms & Conditions.
In case of any disputes, claims, controversies or differences between the Participant and Nivelle Communications arising out of or in connection with these Terms & Conditions, Participant and Nivelle Communications shall amicably try to settle the dispute. If such disputes, claims, controversies, or differences cannot be resolved amicably by the parties, then the same shall be referred to arbitration in accordance with the Arbitration Rules of the Delhi Centre for International Arbitration (“MCIA Rules”) in effect at the time the request for arbitration is made which rules are deemed to be incorporated by reference in this clause. The arbitration award shall be final and binding on the parties. The language of arbitration will be English and the seat of arbitration shall be Delhi, India. The tribunal shall consist of 1 (one) arbitrator who shall be jointly appointed by the parties. In the event the parties are unable to jointly decide on an arbitrator within 14 (fourteen) days of the request for arbitration, such sole arbitrator shall be appointed as per MCIA Rules. Any award (interim or final) rendered by the arbitration tribunal shall be binding on the Parties. This clause 17 is severable from the Terms & Conditions and constitutes an independent binding contract between the parties and shall survive the termination or invalidation of the Terms & Conditions. Notwithstanding the reference to arbitration, at any time, Nivelle Communications shall be free to approach any competent authority in any jurisdiction (including the competent courts of India) in the event Nivelle Communications needs to apply for any interim, urgent reliefs. Nivelle Communications may approach such competent authority prior to or after commencing arbitration. The parties are to share costs and the arbitrator’s costs equally. Each party will remain responsible for its own attorneys’ fees. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award, or as required by law.
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 availability, 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, 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, that Participants acknowledge and agree that such methodologies are not infallible, and that the organizers make no guarantee as to their effectiveness).
Any loss or outrage or dissatisfaction suffered by the course of the Competition by a participant 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 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 case multiple entries are received from a participant, Management has the right to choose one entry from the submission
The participant acknowledges that all possible issues may not have been identified by Management and its partners and agrees to hold harmless Management and its partners for the application, network, process, technical or any other failures. Any losses, injury, discomfort, loss of privacy, inability to participate or any other discomfort of any sort caused to the participant or the participant's property or device shall not be the responsibility of Management or its partners.
No person (i.e., either the participant, or any person on behalf of the participant) shall initiate litigation against Management or its partners in any manner without first providing Management a complaint at firstname.lastname@example.org and providing Management an opportunity to address the complaint.
Management shall not be liable for any failure of the application server or system in the course of Competition.
Management shall not be under any obligation to participant(s) / participant(s) shall have no obligation or rights in relation to the Competition and shall have no claims whatsoever against Management relating to the selection process, gratification or the running of the Competition. Management shall not be responsible for:
- Any delivery, failures relating to the registration or uploading pictures;
- Management not receiving or rejecting any data;
- 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.
Assignment: Nivelle Communications may, in whole or in part, licence, transfer or otherwise assign any or all of its rights, and/or delegate any its obligations, under these Terms & Conditions to any person or entity. Participant shall not assign these Terms & Conditions or its representations, warranties and obligations hereunder to any third party.
Entire Agreement: The Terms & Conditions constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersede all prior agreements and understandings, oral, written and implied, between the parties hereto with respect to the subject matter hereof.
Severability: If any point or provision of the Terms & Conditions is declared illegal, invalid, or unenforceable under applicable current or future laws, then the remainder of the Terms & Conditions shall not be affected and shall remain in full force and effect.
Contact Person: Any notice to Nivelle Communications, under these Terms & Conditions shall be served at email@example.com
Waiver : No waiver of any breach of these Terms & Conditions or any portion thereof shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or of any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of the waiving party.
Relationship: The parties herein are independent contractors and nothing in these Terms & Conditions shall make them joint ventures, partners, employees, agents, or other representatives of the other party hereto. The Terms & Conditions are being executed on principal-to-principal basis.
Headings: The headings of the sections of the Terms & Conditions are inserted for convenience only and shall not be deemed to constitute part of the Terms & Conditions or to affect the construction thereof.
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