Terms of Participation in Praguni Kannada Hasyotsava 2021

The terms and conditions (“Contest Terms”) set out below shall govern the participation and all matters attendant thereto by the Participants (“Participant” or “You”) in Praguni Kannada Hasyotsava 2021 (“Contest”). The Contest Terms must be read along with the User Agreement, Privacy Policy and other terms which govern www.praguni.com (“Website”) (collectively referred to as “Website Terms”). Terms of Services

By choosing to participate in the Contest, you signify unequivocal consent to and agree to be bound by the Contest Terms and Website Terms.

1. Description of contest

1.1 In recent times, with high-end video making technology (4k, FHD, UHD) becoming available in inexpensive devices including smartphones, creativity in film making is scaling new heights. However, there is still a dearth of space to showcase innovative and creative audio-visual expressions, particularly in Kannada. Praguni endeavours to provide a platform and promote young talent who create films, Stand-up Comedy, Comedy Shows & documentaries etc. Praguni encourages creation of impactful and significant content – socially, technically, regionally and culturally.

1.2 Praguni Kannada Hasyotsava 2021 (“Contest”) is a Stand-up Comedy contest launched to showcase the creativity of Kannada Comedians (Individuals, Kids & Team) both from within India and overseas. The Contest is open to all Participants and enthusiasts who wish to create a Stand-up Comedy Content

1.3 All eligible and qualifying entries will be hosted on the Website/app for a period up to the award Ceremony date when reviews/ ratings from viewers will be received. All eligible and qualifying entries will also be shown to the panel of jury for evaluation purpose. Praguni may also host the eligible and qualifying entries for a longer duration (without viewer rating for the purpose of the Contest beyond the initial period) not exceeding a period of one year from the date of conclusion of the Contest. The entries to the Contest hosted on its Website/app will be accessible free-of-cost by all users/ viewers during the Contest Period.

1.4 Praguni may host the winning entries as well as such other chosen entries for a longer period not exceeding one year (“hosting period”) on its Website/app in accordance with the terms and conditions detailed below.

1.5 The last date for submission of entries will be treated as “Contest participation conclusion” and does not mean the conclusion of the Contest itself. “Contest conclusion” will be the date of announcement of awards. The period from the date of announcement of the Contest till the announcement of award will be referred to as “Contest period”.

2. Who can participate?

2.1 Subject to the other conditions mentioned herein, the Contest is open to all persons.

2.2 Participants may be individuals, group of individuals, body or association of individuals or any other artificial juridical person.

2.3 All details and particulars as sought for in the Contest form should be completed. Changes to the details will not be permitted beyond the cut-off of date decided by Praguni. However, Praguni at its sole discretion may allow for changes in the participant details beyond the cut-off date.

2.4 Praguni, its directors, employees, consultants, members of the Contest organising committee, members of the jury and family members of the aforesaid persons are not eligible for participation in the Contest.

3. Contest Entries

3.1 Entries (Comedy Content) created/ shot/ produced after the date of announcement of the Contest.

3.2 There is no restriction as to the number of entries per participant. However, separate registration fees will be payable per entry per participant.

3.3 The Comedy Content must be in Kannada only. Other languages may be used to if creatively necessary, but only sparingly. All entries must have subtitles in English.

3.4 The total duration of the Comedy Content including opening and closing credits should be maximum of 10 minutes.

3.5 3 still photographs and 30 - 60 seconds trailer of per entry must be uploaded along with the main content by participants.

4. What is not allowed?

4.1 Animation and dubbed works are not eligible for submission. Such works may be incorporated in the content if creatively necessary, but only sparingly. However, creative use of animation works cannot exceed 20% of overall run time of the content.

4.2 The entry must be the Participant’s original work as its creator in the capacity of a producer, director, actor or cinematographer. The participant cannot submit an entry on behalf of another person.

4.3 Content submitted must be original work and not plagiarised. If any entry is found to be plagiarised, such entry would be disqualified. Praguni may also take appropriate legal action on such participant. Participant will be exclusively liable for any consequential action resulting from infringement of intellectual property.

4.4 Content submitted for the Contest must not be available on any other platform or medium, paid or otherwise. Content submitted for contest should not be made available to any person in form, medium or platform, whether online or offline, during the Contest period. If any entry is found to be already available in any other platform or medium, such entry would be disqualified. Praguni may, if necessary, take appropriate legal action against such participant.

4.5 Such content registered for contest should not harm or yield to controversy, conflict & dispute on any Individual, profession & religion, If any such entry is found it will be disqualified.

4.6 Content created using any digital sites/apps like TikTok etc will not be allowed to accept part of the contest and will be rejected during the technical evaluation

5. Registration

5.1 Every participant or its Principal by whatever name called (in case participant is a person other than a natural person) must create a user account on the Website. This registration is different from the subscription plans available for general viewers. However, the Website Terms will be applicable for participant registration as well.

5.2 Users who are subscribers to any of the plans available on the Website/app need not register separately.

5.3 A registration fee of Rs.500/- per entry is payable by the Participant. More than one entry can be uploaded or submitted from the same user account. But separate registration fee will be payable in respect of each content.

5.4 Student & Children below 12 years can participate in this contest and can get 50% discount on registration fees by sending a mail to support@praguni.com to get the discount code attaching a copy of College/School ID for students and Aadhar Card copy for Children.

6. Important dates

6.1 The last date for submission of entries for the Contest is: 10th May, 2021

6.2 The deadline given above is only the last date of submission of entries. Each qualifying and eligible entry (as cleared by Praguni’s technical team) will be made available for viewing and rating / voting from the date it is hosted on the Website/app post technical clearance till the last date for rating/ liking the entries by viewers. Therefore, entries submitted earlier than the last date of submission may be hosted for a longer period. However, all entries will be made available for viewing and rating for a minimum of 30 days beyond the last date of submission.

6.3 The last date for receiving ratings for Viewers’ Choice Award will be 10th June, 2021.

6.4 All awards will be announced within 100 days from the announcement of the Contest.

7. Technical requirements

7.1 Praguni’s technical team will examine and clear each entry before they are presented to the jury for evaluation or hosted on the Website.

7.2 The technical requirements and guidelines to be followed by all participants are:

a. All entries must be shot in minimum 4k HD quality

b. The Content must be in Kannada only. Other languages may be used to if creatively necessary, but only sparingly. All Entries must include subtitles in English.

c. Duration of the Entry should be maximum of 10 minutes. The duration / time includes the time for opening and closing credits.

d. Each entry must be made/ shot in 4K HD resolution. The video file must be in mpeg-4 format, with file size not exceeding 20GB. The video should be uploaded as a single file only.

e. There is no restriction or stipulation as to the equipment which may be used.

7.3 Praguni reserves the right to exclude/ reject any entry which fails to fulfil technical requirements and participant guidelines as mentioned in the Contest Terms. Praguni will inform the Participant of the reason for such exclusion/ rejection and the Participant will be provided the opportunity to rectify and re-upload the entry.

8. Participant guidelines and responsibilities

8.1 Once submitted, Participant is not allowed to withdraw or modify the submission, unless technically rejected. Participant is prohibited from submitting different versions of the same story or Content. If a participant is submitting multiple entries, each of them should be different and distinct in terms of the story or the idea presented in them.

8.2 All costs associated with participation in the Contest will be borne by the Participant only. Praguni does not and will not sponsor, subsidise, finance or produce any of the Participants or Contest entries. For the removal of doubt, it is clarified that all filmmaking and production costs will have to be borne or arranged entirely by the Participant only and Praguni will not have any involvement whatsoever.

8.3 Needless to state, making is subject to all applicable laws. Praguni is not responsible for any violation of law by the Participant. The Participant will be solely responsible for all costs and consequences arising out its breach of law. To illustrate: content must be made without cruelty to humans or animals or without damage to the environment; if any person under the age of 18 is involved in any manner, due consent and supervision of parents or legal guardian must be obtained; Participants must take proper precautions keeping safety and security concerns in mind. Praguni may require such information or document as deemed necessary to verify these aspects.

8.4 Participants must not promote or market any product, service or brand, whether of the Participant or of any other person, in the user account or in the entry submitted for the Contest. However, Participant can show any product, service or brand if the same is necessary or required in the scene, and for creative purposes. Participant must make note and ensure that such showing of any product, service or brand is not a promotional activity. Praguni may reject an entry if it is of the view that the display or showing of any product, service or brand amounts to promotional activity. In such an event, the Participant will be provided the opportunity to rectify and re-upload the entry.

8.5 Participant must obtain necessary permission or licence to use any intellectual property from the owner of such intellectual property including but not limited to sounds, sound recordings, music, visuals, audio-visuals, animations, designs, copyright and trademark. Praguni is not responsible for any breach or infringement by the Participant. Praguni also reserves the right to disqualify any entry or Participant for breach of any intellectual property.

8.6 Participant agrees not to sell, license, rent, distribute, copy, reproduce, transmit, publish, share, upload, broadcast or otherwise make available to any person the Contest entries submitted by the Participant or any other person.

8.7 The Participant shall not, either directly or indirectly, with the aid of any software, system, protocol, code, technique, technology, mechanism, device, service or otherwise, copy, download, capture, reproduce, duplicate, achieve, publish, modify, translate, broadcast, exhibit, distributed, redistribute, sell, resell, share the account, stream, display, transmit, retransmit or otherwise make available the contest entries and contents of the Website, publicly or privately, to any other person.

8.8 The Participant agrees that participation in the Contest or use of Praguni Services does not allow the Participant to use the trademark or other intellectual property of Praguni without its express permission. This obligation will continue even after the Contest conclusion, discontinuous of Praguni Services, termination of Services/ participation otherwise, or expiry of hosting period.

8.9 Participant shall not indulge in manner to influence or win favour with any jury or to manipulate viewer rating. If any Participant is found to be indulged in such fraudulent or other unethical behaviour, Praguni may disqualify the Participant or the entry.

8.10 Praguni also reserves the right to disqualify any Participant or entry for breach of Contest Terms or Website Terms. Praguni may also initiate appropriate legal action and/ or seek compensation and damages for breach of Contest Terms or Website Terms.

9. Awards and recognitions

9.1 Jury Awards will be based on the decisions of the Jury, which shall be final. No appeal or disputes against Jury decision will be entertained.

9.2 Viewer’s Choice Awards will be awarded to the Content which receive the highest rating/ like from viewers. Participants may rate all entries to the Contest.

9.3 Jury Awards

a. Best Team – Winner & Runner

b. Best Male - Winner & Runner

c. Best Female – Winner & Runner

d. Best Concept – Winner & Runner

e. Best Student – Winner & Runner

f. Best Child Artist – Boy – Winner

g. Best Child Artist – Girl – Winner

h. Special Jury Award – Winner

9.5 The User confirms and warrants not to use any software, system, protocol, code, technique, technology, mechanism, device or service to violate the Terms, alter, bypass or interfere with security and other protocols of the Website or violate or infringe any intellectual property rights of Praguni or any third-party.

9.6 Award winning Content will be hosted on the Website/app for one year from the date of announcement of Contest results. Praguni will also choose to host other films at its sole discretion.

10. Jury

10.1 A panel of Five eminent personalities from the Kannada Entertainment industry has been formed to evaluate the entries and determine the various awards.

10.2 Praguni may choose to disclose the names of jury members at any time at its sole discretion, including during the Contest period, or prior to announcement of awards.

10.3 The Content will be evaluated on multiple criteria. Participants are encouraged to and must focus on every aspect of making. Innovative making ideas or techniques will carry greater weightage.

10.4 The decisions of the jury on all awards will be final. No appeal or disputes in respect of the same will be entertained.

11. Viewers’ choice and ratings and guidelines for viewers

11.1 All eligible and qualifying entries will be hosted on the Website/app from the date they are cleared by Praguni’s technical team as complying with all Contest Terms, and for a minimum period of 30 days beyond the date of conclusion of the Contest submission deadline.

11.2 All viewers can watch and rate/ like the content from the date each entry is hosted on the Website/app till the date of closing for ratings as determined by Praguni. Viewers will be prompted to rate/ like the content at the end of watching them. Each content can be rated/ liked only once be each viewer.

11.3 All subscribed Users of the Website/App can watch and rate/ like the content submitted under this Contest.

11.4 Praguni may also allow visitors of the website/app to watch and rate/ like the Contest entries free of charge or without subscribing to any of the subscription plan available on its Website. However, such viewers will be required to create a user account after filling certain particulars. It is clarified that all Website/app Terms will be applicable even for such visitors.

11.5 The overall rating/ likes of the entries will be used determine the winning entries.

12. Privacy notice

12.1 By participating in the Contest or by using the Website/app, the Participant, user and viewer consent to and agree to be bound by the Privacy Policy of Praguni.

13. Rights of Praguni and limitation of liability

13.1 Without prejudice to the overall rights of Praguni as Contest Organiser, Praguni reserves the right to not upload any content for any reason it deems valid.

13.2 Praguni reserves the right to cancel the entire contest at any time without prior notice, for reasons which may not be within its control. Praguni will not be liable to provide any monetary compensation or cover losses or damages in the event of such cancellation. However, registration fee will be refunded to the Participants within 14 working days of cancellation of the event.

13.3 Praguni will not be responsible for any technical or system failure or consequences thereof. However, upon notification, Praguni will endeavour to rectify the same within reasonable time.

13.4 Praguni will not be responsible for the failure of the Participant to complete the registration process or submit the entry after completion of registration process.

13.5 Praguni will not be responsible for any damage, loss, liability, injury or disappointment suffered by Participant or viewer.

13.6 Praguni will not be liable for any direct, indirect, subsequent or consequential damage to the data, goodwill or reputation of the Participant as a result of participation in the Contest.

14. Disclaimer of warranties

14.1 Praguni does not warrant to meet the requirements/ expectations of Participants and viewers. But Praguni assures that that the process is transparent and highest standards of competition will be maintained.

14.2 Praguni requires all Participants to comply with law and legal rights of others. However, Praguni has not control over the Participants who act in their independent capacity, and does not warrant Participant’s compliance with law or legal rights of others.

14.3 Praguni does not absolve itself of any responsibility under any law for the time being in force.

15. Disputes

15.1 As Contest organiser, the decisions of Praguni on all aspects of the Contest shall be final. No disputes regarding the Contest, inter se between the Participants or in respect of the decisions of the jury will be entertained.

15.2 All differences and disputes between the Participant and Praguni arising after Contest conclusion but during the hosting period will be resolved through mutual discussions.

15.3 If differences and disputes referred to above in clause 15.2 are not resolved through discussions, it will be submitted to adjudication through binding arbitration governed by the Indian Arbitration & Conciliation Act, 1996. Arbitration will be conducted by a sole arbitrator appointed by mutual agreement or under the procedure laid down in law. The place of arbitration shall be Bengaluru. The language of arbitration shall be English.

16. Indemnity

16.1 Participant agrees to defend, indemnify and hold harmless Praguni, its affiliates, officers, directors, employees and agents, from and against any and all legal actions, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

a. violation or breach of Contest Terms or Website Terms by the Participant

b. use of and access to Praguni Services by the Participant

c. violation of any third party right, including without limitation any privacy or intellectual property rights, by the Participant

d. breach of any applicable laws by the Participant

e. any unauthorised, improper, illegal or wrongful use of Participant’s user account by any person, including a third party, whether or not authorised or permitted by the Participant.

f. harm or yield to controversy, conflict & dispute on any Individual, profession & religion

16.2 Praguni as an indemnified party may enforce any resultant indemnification rights. User agrees to extend full co-operation to Praguni in case any matter or case is instituted against Praguni as a result of any event mentioned in clause 16.1 above.

16.3 No third parties shall have any right under this Agreement.

17. Licensing of intellectual property and hosting by Praguni

17.1 The Participant hereby grants all rights in the Contest entry by way of an exclusive licence to Praguni and in particular to hold and to host the content submitted as entry in the Contest during the Contest period including and up to the announcement of awards. This licence is granted free of any charges or fees.

17.2 The Participant hereby grants all rights in the Contest entry by way of a non-exclusive licence to Praguni and in particular to hold and to host the content submitted as entry in the Contest for a period of one year from the date of announcement of the award. This licence is granted free of any charges or fees. This is to host entries beyond Contest period, up to one year from the date of announcement.

17.3 Participants of winning entries will not be entitled to any recompense apart from the prize money itself.

17.4 By submitting the entry to the Contest, the Participant grants Praguni:

a. all rights in the Contest entry by way of an exclusive licence to Praguni during the Contest period including and up to the announcement of awards.

b. all rights in the Contest entry by way of a non-exclusive licence to Praguni for a period of one year from the date of announcement of the award (“licence period”).

c. without limitation to the generality of the above grant, a non-exclusive, royalty free, worldwide licence to use, publish or host such content in electronic or digital format, including full video, snippets, short clips, screengrabs, etc., and as a screenshot during the Contest period including and up to the announcement of awards and for a period of one year from the date of announcement of the award, and to adapt the content to enable every publication.

d. without limitation to the generality of the above grants, non-exclusive, royalty free, worldwide licence during the licence period to manufacture, distribute and sell content in online and offline medium, create or design, manufacture, sell or distribute merchandise based on the Contest entry, to create, market, host, distribute or sell work derivative from the Contest entry, broadcast in any medium including internet based platform, television, radio, portable media devices or any other device, and to otherwise use or monetise the Contest entry;

e. permits Praguni to use, publish or host the content, with or without such modification or manipulation as deemed necessary by Praguni, as promotion material or to promote the content itself

f. the right to use the name, photograph, town, city, province, territory or country of residence of the Participant and other persons involved in the content for the purpose of promotion of the content and identifying such Participant as the creator of the content or as a winner in the Contest.

17.5 The Participant hereby waives, for the benefit of the Company during the Contest period including and up to the announcement of awards and for a period of one year from the date of announcement of the award, all moral rights in the content to which the content provider may be entitled.

17.6 The Participant agrees, without charge to Praguni but at its expenses, to execute and deliver all such documents as may be necessary, including original applications and application for renewal, extension or issue of any registration under law for the time being in force, in any and all countries, to vest and confirm the rights hereby granted to and in favour of Praguni.

18. Modifications

18.1 The Terms may be amended, modified or altered from time to time at the sole discretion of Praguni It shall be the responsibility of the User to stay updated and informed of any such changes. Your continued association with us will invariably mean that you are informed and updated on all such changes. Praguni will endeavour to the extent possible to give sufficient publicity of the changes and to inform the registered Participants.

19. Declaration by Participant

19.1 By participating in the Contest, the Participant

a. declares that he/ she/ they have carefully read and understood the Contest terms and freely and voluntarily consent to and agree to be bound by them.

b. declares that Participant and persons featured in the entry are aged 18 years or above, that the content is created with the consent of the participants portrayed in it, that persons below the age of 18 years have been featured with necessary permission and under the supervision of their parents or legal guardian.

c. declares and certifies that the content is an original work of the Participant, that the content is not or does not contain any plagiarised material, that no rights of any person is infringed by the content submitted for the Contest;

d. declares that the content submitted for the Contest are not available in any form in any medium or platform and undertakes not submit the same to any other person, or platform, whether online or otherwise, during the subsistence of the contest and the hosting period.

e. declares that the Participant has complied with all laws as applicable in the creation and submission of the content for the Contest, and that there is no violation of any law or legal rights of other persons.

f. declares and certifies that the Participant or the entry does not promote any product, services or brand, whether of the Participant or of any other person, in the user account or in the entry submitted for the Contest.

g. undertakes to bear all costs and consequences due to violation of any law, rights or Contest Terms by the Participant, and to hold Praguni indemnified of any such costs and consequences.

h. undertakes to bear all costs and consequences due to depiction of anything in the entry which is defamatory, discriminatory, or incites any offence, and to hold Praguni indemnified of any such costs and consequences.

i. declares that all the details and particulars provided by the Participant are true, correct and accurate and no information has been falsified, and understands that if any information disclosed by the Participant is found to be false, Praguni has the right to disqualify the Participant or the entry and also to take appropriate action as available in law.

j. understands that Praguni will not be liable if the Participant is unable to upload the entry or complete any formalities due to any technical or system failure.

k. understands that Praguni will not be responsible for the failure of the Participant to complete the registration process or submit the entry after completion of registration process.

l. assigns non-exclusive licence to Praguni, free of any charges or fees, to host on its Website/app and other affiliate platform during the hosting period, the entries submitted by the Participant.

m. undertakes to indemnify and make good Praguni of all costs and consequences in terms of the indemnity clauses contained in the Contest Terms and the Website Terms.

20. Communications

20.1 All communications between Praguni and the Participant shall be in electronic form only. Praguni will make all required, permitted or authorised communications to the Participant at the registered electronic mail and/or phone number only.

20.2 For any help or assistance regarding participation in the Contest, you may contact us at support@praguni.com.

 

Praguni Terms of Use

Praguni Privacy Policy

Praguni Infringement Reporting Policy