नियम और शर्तें

The Olive Ridley Collective formed by Kahani Designworks Pvt. Ltd, Omnis Design Solutions Pvt Ltd, MAD Salon + Lab and Shubhra Raje_Built Environments (hereinafter referred to as “ORC” or “KARUNA” or “Owners of KARUNA)” hereinafter is organizing a visual story telling contest, wherein the participants are required to create and submit original illustrated stories (“Contest submission”) with defined themes specified in the Guidelines for Participation and Prize Collection (“Contest”). Participation in the contest is subject to the following Terms and conditions which are deemed to have been accepted by participant upon filling in the participation form and submission of the original illustrated story of the contest, fulfilling requirements under these Terms and Conditions and Guidelines for Participation and Prize Collection. KARUNA invites participation from Indians across the globe as per the following Terms and Conditions.


a. This Contest will be governed by these Terms and Conditions. By clicking “I ACCEPT”, YOU hereby agree that YOU have read, understood and accepted these Terms and Conditions. YOU further agree that, if YOU do not agree to the Terms and Conditions mentioned herein, YOU will not participate in the Contest the same provides KARUNA grounds disqualify YOU from the Contest.
b. These Terms and Conditions are being entered into between KARUNA (“KARUNA”, “ORC”, “Us”, “Our”) and the person participating in the contest (“Participant”, “YOU”, “Your” etc.). This agreement is effective from the date YOU click “I ACCEPT”.
c. Your acceptance of these Terms and Conditions will be deemed to include Your acceptance of Guidelines for Participation and Prize Collection as well which are attached to these Terms and Conditions.
d. If YOU are agreeing to these Terms and Conditions on behalf of another individual intending to participate in the Contest, YOU agree that YOU are authorized to accept these terms on behalf of such individual and such individual is bound by this agreement. However, for all intents and purposes, the individual on behalf of whom YOU are accepting these terms and conditions shall alone be eligible for the results of this contest.


1. Obligations of the participant
 

a. YOU agree that YOU are 18 years of age or above and capable of entering a valid contract under the applicable laws. If the person participating in the contest is below the age of 18 years or incapable of entering into this agreement, it will be deemed that these Terms and Conditions have been accepted by the parent or guardian of such individual intending to participate in the contest and the parent/guardian have read and understood the terms mentioned herein.
b. Irrespective of whether YOU are a citizen of India or of a foreign country, YOU will at all times respect and comply with all the laws existing in force in India and/or the country of Your residence and all other concerned regulations.
c. YOU hereby agree that YOU are solely responsible for Your conduct and any work, data, literary work, art, text, content, material, or any other information YOU submit to KARUNA or any other person during Your participation in the contest.
d. YOU further agree that any submissions YOU make towards participating in the contest must be original work, should not plagiarize or imitate the work of any third party and should not be published prior to its submission in the Contest. In the event of the submission being jointly authored by more than one person (1) YOU shall disclose the full details of all the joint authors (2) YOU are deemed to have accepted these Terms and Conditions on behalf of all the joint authors and (3) each such joint author shall be bound by these Terms and Conditions.
e. Where the submission is the subject matter of joint authorship and should such submission receive any recognition or award, KARUNA will credit all the joint authors of such work and such joint authors, shall equally share the awards or recognitions, if any. The joint authors in the team receiving the recognition or award
shall nominate one author from the team to receive the recognition or award and such nominated author shall be responsible for equally sharing the awards and recognition among all the joint authors of the team.

f. YOU assure and agree that YOU will not perform or directly be a part of or privy to any illegal or unauthorized activity including infringement of copyright, trademark and designs, removing notices of copyright and trademark, fraud and cheating while participating in the contest or performing any acts pursuant thereto.
g. In the event that such illegal or unauthorized activity committed by YOU is discovered by us independently or reported to us, then we reserve all our rights to pursue any action appropriate under the law (including but not limited to disqualifying YOU from the Contest) against YOU and the person on behalf of whom YOU have agreed to these Terms and Conditions.
h. YOU will immediately inform KARUNA of any suspicion regarding illegal or unauthorized activity being committed by any individual including through illegal usage or misuse of the Participant’s work, information, data or content provided by YOU while participating in the contest.
i. While all reasonable care and protection will be taken by us to prevent any illegal activity being committed including usage of the data, information, work and content provided by YOU to KARUNA, YOU agree that YOU are participating in this contest and giving the said information, data, work and content at Your own risk and KARUNA, its trustees, owners. Employees and people engaged by them are not responsible for any damage or loss that YOU might incur as a result of such illegal activity, usage or misuse.
j. YOU agree to provide accurate, complete, and valid information sought by KARUNA including in these Terms and Conditions and Guidelines for Participation and Prize Collection.
k. Incomplete information provided or failure to provide true and accurate information as stated in these Terms and Conditions and Guidelines for Participation and Prize collection and failure to submit proof of identification and/or original confirmation number upon collection of the prize/ award will automatically disqualify the participant. KARUNA shall have absolute and sole discretion to determine whether any participant should be disqualified by reason of failure to abide by these Terms and Conditions and Guidelines for Participation and Prize collection bad faith, fraud or any other reason deemed fit by KARUNA.
l. YOU will inform KARUNA immediately of any change in the information provided by YOU included under these Terms and Conditions and Guidelines for Participation and Prize Collection.
m. YOU and the individual on behalf of whom YOU are entering into this agreement shall be solely responsible for maintaining confidentiality of the information including sensitive data, if any shared by YOU with KARUNA.
n. YOU hereby agree that, KARUNA may, in connection with conducting the Contest engage the services of third-party service providers including, but not limited to publishers, gallerists, curators, photographers, journalists, writers, public relation firms, event organizers and social media experts. YOU hereby agree to comply with all the terms and conditions imposed by such third party services providers and not hold KARUNA liable for any losses or damages that might be incurred by YOU as a result of utilizing the services or products of such third party service providers.
o. YOU agree that mere participation by YOU or the person on behalf of whom, YOU are accepting these terms and conditions shall not entitle the participant to be declared winner of the contest or provide the participant any certificate, price, award or recognition and shall not be perceived as any commitment on the part of KARUNA to select the participant as the winner. KARUNA shall at its sole discretion, without the obligation to justify, select the winner of any of the events conducted in the Contest.
p. Nothing stated herein amounts to any commitment by KARUNA to conduct future, similar or any other Contests.
q. YOU agree to provide such information sought by KARUNA including proof of Your eligibility to participate in the contest as and when KARUNA deems necessary. Failure to do so can result in YOU being disqualified from the Contest. YOU agree that each of the organizers and officials of KARUNA engaged in the organization and management of this Contest including its organisers, Jury members, directors, officers, trustees, partners, employees, consultants, and agents are under no obligation to render any advice or service to any participant in respect of the Contest
r. YOU agree that YOU shall expressly in writing disclose if the story or illustration written by YOU as a part of the Participant’s work is true or fictional. Under no circumstances will YOU create or share false news with the public while participating in the Contest. YOU further agree not to create any content that encourages violence, communal riots or hatred towards any gender, race, caste, religion or sect of people. YOU agree that KARUNA may, at its sole discretion disqualify YOU from the contest if it believes the Participant’s work to be obscene, provocative, offensive or questionable.
s. You agree that, in the event YOU win that YOU are awarded prize money in the contest, half the value of the prize money awarded to YOU shall be paid to YOU by KARUNA upon YOU being declared the winner of the Contest. The balance 50% of the prize money shall be paid to YOU upon you submitting the complete body of work to the satisfaction of KARUNA. The term “Complete Body of Work” shall consist of three original illustrative stories written by YOU on such themes as defined by KARUNA (which might or might not include the Participant’s work submitted by YOU in the contest) and created using the advice and opinions of mentors (s)/ expert (s) appointed by KARUNA at its own discretion with such format and in compliance with such requirements as specified by KARUNA. The Complete body of work shall be submitted by YOU to KARUNA by 18.09.2020.

2. Copyright and Trademarks


a. The following logos and trademarks are exclusive property of KARUNA/ its organizers/owners, affiliates/associates, sponsors of the contest and are protected under the provisions of the Trade Marks Act, 1990 where such trade mark / logo is registered and / or under the common law action of passing off where such trade mark / logo is not registered:

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vi.
 

b. YOU agree not to use any of the trademarks or logos of KARUNA without procuring prior written permission from KARUNA.
c. YOU on behalf of Yourself and the person on behalf of whom YOU have agreed to these Terms and conditions hereby agree that, in consideration for (1) participating in the Contest and/or (2) winning this contest and receiving the prize or award provided for such achievement and/or (3) being recognized for participating or winning in the contest, YOU agree to surrender and assign, to the fullest extent allowed under the applicable laws, all of Your rights, title and interest in any and all work created and submitted by YOU including words, stories, art, illustrations and drawings, solely or jointly, to the owners of KARUNA for the purpose of and while participating in the contest (“Participant’s work”). Any and all profit/revenue generated by KARUNA through publishing the Participant’s work shall be used only for non-commercial purposes and performing activities connected thereto. All the rights and interest in the participant’s work including to disseminate, exhibit and reproduce the same shall be jointly held by the Owners of KARUNA.

d. The rights specified under sub-clause (c) above shall also include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as moral rights, artist's rights, droit moral or the like in the work created by YOU (together referred to as “Moral Rights”). To the extent that YOU retain any such Moral Rights under applicable law, YOU hereby ratify and consent to any action that may be taken with respect to such Moral Rights by or authorized by KARUNA and agrees not to assert any Moral Rights with respect thereto. YOU hereby confirm to provide any such ratification, consent or agreement from time to time as requested by KARUNA.
e. YOU further agree to assist KARUNA to record and perfect such assignment and obtain, maintain, enforce and defend any rights specified to be so owned or assigned. YOU hereby irrevocably designate and appoint KARUNA as Your agent and attorney-in-fact to act for and on Your behalf to execute and file any document and to do all other lawfully permitted acts to further the purposes of the foregoing with the same legal force and effect as if executed by the YOU. However, YOU may publish the participant’s work authored by YOU after receiving prior written consent from KARUNA and complying with such terms and obligations as deemed necessary by KARUNA.

3. Information collected


a. YOU hereby provide free, absolute and unconditional consent to provide the following information to KARUNA in connection with participating in the Contest and KARUNA publishing the Participant’s work (“submitted materials”):
           i. Your Name, age, email address, phone number and address of the participant,
           ii. Parent’s/Guardian/Spouse’s name of the participant
           iii. Photograph of the participant
           iv. Willingness to promotion and publicity of the work created by the participant
            v. Feedback and communication with personnel of KARUNA and other service providers
            vi. Such other information sought by KARUNA in connection with the Contest

b. In the event that you win/ are recognized/ awarded prize in the Contest, KARUNA might request YOU to provide your Bank Account details in order to transfer the cash prize/award (“prize money”) awarded to you. YOU hereby provide your absolute, unconditional consent to share your Bank Account details with KARUNA. KARUNA will maintain strict confidentiality of your Bank Account details shared by YOU and the same will be deleted after transferring the entire prize money awarded to YOU. You further agree that failure to provide your Bank Account details shall entitle KARUNA to disqualify YOU from the Contest or rescind the recognition/prize awarded to YOU.
For the purpose of this agreement, the term “Bank Account” shall include (1) name and branch of the bank in which the prize awarded is to be transferred (2) IFSC code (3) Account Number (4) Name of the person holding the account and (4) such other information necessary to facilitate the transfer of the prize awarded to the Bank Account. KARUNA reserves the right to disclose information pertaining to the transfer of the prize money to the Participant to such individuals including the Government authorities for the purposes of complying with the applicable law.

c. YOU hereby unconditionally authorize KARUNA to use, share, store, copy, archive, display, transmit, disseminate, translate, transfer, distribute, reproduce, publicly perform and/or publish the submitted materials and Participant’s work in such manner as it deems fit, without procuring prior permission from YOU and for no additional consideration. You may choose to withdraw your consent to provide the information specified in sub-clause (a) and (b) above. However, YOU agree that, request to withdraw consent or delete such information provided by YOU shall entitle KARNUA to disqualify YOU from participating in the Contest.
d. YOU agree that failure to disclose submitted materials sought by KARUNA and permit KARUNA to use and deal with the same in the manner specified in sub-clause (c) affects the contest from being conducted for YOU and therefore KARUNA might, at its sole discretion disqualify YOU from the Contest.
e. YOU hereby agree and provide express permission to KARUNA to freely distribute the submitted information and the Participant’s work in any publication and media whether online, offline or on the Internet and share it with any third party as deemed fit by KARUNA. Participant’s work submitted information and any other information sent to KARUNA including feedback and other communications of any kind and excluding your Bank Account details mentioned in sub-clause (b) submitted in connection with entering and participating in this Contest shall be deemed to be non-confidential. KARUNA shall be free to reproduce, distribute and publicly display such information without limitation or obligation of any kind.
f. The information collected by you including the submitted materials and ban account details will be stored with reasonable security measures and in compliance with applicable laws.
g. KARUNA reserves the right to use the Participant’s work including in the following manners:
            1.  KARUNA reserves the right to participate in curated exhibitions online and offline
            2. KARUNA reserves the right to publish printed works

h. The KARUNA might reach out to the winners of the contest for their work-in-progress sketches, notes, drafts, etc. to document and publish the process of creation of Participant’s work. YOU hereby agree to provide such documents/materials sought by KARUNA for the purpose of publishing the process of creation of Participant’s work.
i. KARUNA, at its own discretion, might reach out to the winners of the contest in the future to include them in future events or publications conducted by KARUNA, as and when it deems appropriate and YOU hereby agree to consider participating in such events or publications as and when invited by KARUNA.
j. KARUNA will put in reasonable efforts at crediting the Participant for creating the Participant’s work.
k. In certain circumstances, organizing and Your participation in the contest may involve interaction with either support staff or third-party professionals and in such cases, Your implied authorization (including on behalf of the individual YOU have entered this agreement) to declassify the data/information YOU have provided is presumed.

l. The information so collected will be stored and used to conduct the contest and perform functions related thereto. The said information may also be used to notify YOU of new initiatives provided by KARUNA or other organizations.
m. KARUNA shall not be responsible or liable in any manner for liability arising out of the use of the products and services of other organizations. If YOU do not wish to receive promotional e-mail or SMS from us, YOU can click unsubscribe to our email notifications.
n. On selection of email Alert service or SMS alert service or WhatsApp alert service, YOU agree and grant non-exclusive permission and irrevocable right to use, for the purpose of sending emails / SMS/ Message alerts or for any other purpose by way of messages or any other formats from time to time in a manner that we see fit. Your implied consent for the manner in which we send out such alerts or any changes in the same is presumed at all times.
o. It is our understanding that YOU, the individual accepting these terms and conditions are an adult. However, if any information has been collected from children below 13 years without parental consent, YOU can inform about the same through our email id and we will delete the information stored in our database as early as possible.

4. Term and Termination


These Terms and Conditions shall remain in force from the effective date until terminated. KARUNA may terminate the Terms and Conditions if YOU breach the provisions of this agreement or Guidelines for Participation and Prize Collection. However, KARUNA hereby reserves the right to suspend or disqualify YOU from participating in the contest if YOU fail to cure such breach of Terms and Conditions, or Guidelines for Participation and Prize Collection within the timeframe provided by KARUNA. Termination of this agreement will automatically disqualify YOU from participating in the contest.


5. Modification of this Agreement


a. KARUNA reserves the right to change, alter, modify any of the terms of these Terms and Conditions, including extending, withdrawing or discontinuing the same without notice, without assigning any reason, at its sole discretion and without any liability.
b. In Your interest, the said changes/alterations or modifications shall be posted on our website www.karunastories.org and YOU hereby undertake to follow up on such developments regularly and prudently. Such modifications/alterations/ changes shall automatically be incorporated into this user agreement and in the event, YOU continue to participate in the contest or fail to intimate YOUR disapproval of such modifications/ changes/ alterations, YOU shall automatically have consented to / agreed to be bound by the said modifications/alterations / changes.


6. Disqualification from contest


a. KARUNA, at its sole discretion, reserves the right to disqualify YOU from the contest without prior notice if
     i. there is a requirement to comply with applicable law
     ii. KARUNA suspects YOU or the individual on behalf of whom YOU have accepted these terms and conditions of infringing trademark, copy right or any other intellectual property right owned by KARUNA or a third party
     iii. KARUNA suspects YOU or the individual on behalf of whom YOU have accepted these terms and conditions to have breached the terms and conditions imposed by third-party service providers
    iv. KARUNA suspects YOU or the individual on behalf of whom YOU have accepted these terms and conditions has committed an illegal or unauthorized act.
    v. YOU have breached any of the terms under this agreement.
    vi. YOU submit any material that is believed to be obscene, provocative, offensive or questionable by KARUNA.

7. Indemnity


a. YOU on behalf of Yourself as well as the individual on behalf of whom YOU have accepted these terms and conditions hereby indemnify and hold KARUNA harmless against any losses, damages, liability, claims and expenses incurred by KARUNA as a result of YOU breaching these Terms and Conditions and/or the applicable laws.
b. YOU further agree to indemnify and keep KARUNA indemnified against any losses incurred by it as a result of YOU infringing the intellectual property rights of KARUNA, third parties or other participants and misusing the information submitted by participants.
c. YOU further agree to render harmless, indemnify and keep indemnified KARUNA in any action or claim arising out of or in connection with Your submission including but not limited to investigations related to offences punishable under Section 295, 295A, 153A, 124A, 499 of the Indian Penal Code, 1860 or related to violations of the National Disaster Management Act or any orders or circulars or notifications issued thereunder.

8. Limitation of liability


a. KARUNA does not accept any liability or responsibility for the content, data, information, literary work, art, illustrations, Participant’s work or any other materials submitted by YOU to KARUNA or any other individual in connection with participating in the Contest.
b. KARUNA accepts no liability for any losses or damages that may be incurred by YOU through the advertisements or promotions made by third parties or by KARUNA on behalf of third parties or the products and services provided by third parties during and in connection with conducting the contest.

c. KARUNA accepts no liability for any losses or damages that may be incurred by YOU as a result of actions or inactions of third parties including infringing Your copyright, trademark, design or any other rights in the submitted materials including Participant’s work submitted by YOU to KARUNA during and in connection with the contest.
d. Staff/Employees/Contractors or such other individuals engaged by KARUNA, patrons, judges or other individuals involved in conducting the contest shall not be liable for any loss or damages that may be incurred by YOU during or in connection with YOU or the person on behalf of whom YOU have entered this agreement participating in the contest.
e. KARUNA accepts no responsibility for difficulties that may be experienced by YOU while applying to this Contest including:
         1. Lost, late or undelivered applications to the contest;
         2. Any technical or other difficulties in accessing the application form or any other document, failure, malfunction or difficulty that      may hinder the ability of a participant to enter the Contest; or
         3. Any event which may cause the Contest to be disrupted.

f. KARUNA reserves the right to alter or change the prize /award/manner of recognition if any, to be given to the winner of the contest at its sole discretion at any time during the term of this agreement and shall not be held liable for any losses or damages that might be incurred by YOU or the person on behalf of whom YOU are entering into this agreement as a result of such change of prize/ award/ manner of recognition, if any.

9. Force Majeure


KARUNA shall have no liability when there is cessation, interruption or delay in the performance of KARUNA’s obligations including the date and manner of conducting the contest due to any reasons beyond its controls including among other things epidemic, pandemic including Covid-19, interruptions in communication channels, earthquakes, volcanoes or such acts of God, civil disturbance, internet failures, fires, floods, storms, order or domestic or foreign courts, , war or the inability to obtain services from other third party
service providers such as transportation, or any change in or the adoption of any law, regulation, judgement or decree.


10. Applicable Law
 

This agreement shall be governed by the Laws of India. The Courts of Law at Bangalore shall have exclusive jurisdiction over any disputes arising under this agreement.


11. Dispute Resolution
 

Any dispute arising out of or in connection with the terms of this agreement shall be first submitted to mediation before the Bengaluru Mediation Center, Nyaya Degula Complex, Bengaluru. If the mediation fails, then such disputes shall be adjudicated by the Courts of Law at Bangalore.


12. Entire Agreement


These terms of use along with the Guidelines for Participation and Prize Collection constitute the entire agreement between YOU and KARUNA with respect to the subject matter thereof and this supersedes / replaces / revokes all prior understanding or agreements whether oral or written regarding the said subject matter between YOU and KARUNA.


13. Miscellaneous
 

If any term or clause of these Terms and Conditions are declared to be invalid, void or unenforceable, the rest of the Agreement will remain effective. Any comments, complaints or feedback shall be sent by YOU to KARUNA at its email address karunastories@gmail.com Non-exercise or delay in exercise of rights under this Terms and Conditions or the applicable laws shall not be construed as waiver of such rights. All notices under this Agreement shall be in writing and sent to KARUNA at its email address karunastories@gmail.com. In addition to the reliefs and remedies available under these Terms and Conditions, KARUNA shall be entitled to any other equitable relief available under the law. By entering into the contest, YOU are deemed to have accepted these Terms and Conditions and the Guidelines for Participation and Prize collection.

Annexure: Guidelines for participation and prize collection:


How to Enter the Contest:
▪ Participants must fill out the ‘Submission Form’ and upload illustrated stories via the website www.karunastories.org.


Submission Guidelines:
• Submit your entry as a visual narrative. Choose between 1 and 10 panels to illustrate your story. If you have text, it may be in English or Hindi. Entries accepted as a single file in JPEG or PDF format (maximum size 10 MB) through our website www.karunastories.org.
• Choose subjects, locations and characters that are relatable in an Indian context.


• Themes could include, but not be limited to:
       Behaviour I Habit
       Health I Hygiene
       Urban I Rural
       Public I Private
       Fear I Information
       Mobility I Access
       Productivity I Growth


▪ The text of the story may be in English or Hindi. Silent stories are also welcome.
▪ If the text is handwritten, it must be clear and legible. If a story’s text cannot be clearly read the story will be considered disqualified.
▪ The illustrations may be rendered in any medium.
▪ The illustrations and text must be original and previously unpublished. They must be copyright free and must not be copied in part or whole from another source. No unauthorised use of images, text or material will be accepted.
▪ The illustration and story must be free from violations, intellectual property infringements, offensive, explicit or derogatory content.
▪ Material that is considered inflammatory or stigmatising towards a person, people or community will be disqualified from the contest.

 

Important Dates and Deadlines:
▪ Story submission deadline Sunday, 12 July, 2020, 23.59h (11:59 pm) IST
▪ Winner Announcement on www.karunastories.org on Friday, 8 August, 2020.
▪ Winner mentorship begins mid-August 2020.
▪ Submission of the final body of work by the three (3) Winners comprising three (3) stories each: Friday, 18 September 2020

 

Eligibility:
▪ The contest is open to Indians residing in India and abroad.
▪ Eligibility requirements include a valid residential address, contact number, e-mail id and fulfilling the Submission Criteria.
▪ Participants must be 18 years of age or above.
▪ Participation in this contest is purely voluntary and by participating you are subject to the Terms and Conditions.
▪ Contestants will not be charged any fees for participation.
▪ Participants who fail to comply with the Terms and Conditions of the contest will be disqualified.

 

Prize
▪ Karuna organizers will appoint a pan-India Jury of esteemed professionals from diverse disciplines.
▪ Karuna winners will be chosen by a Jury of esteemed professionals using a set of judging criteria determined by the organizers in consultation with the Jury members.
▪ The decision of the Jury will be final and binding.
▪ 1st Prize: INR 50,000 • 2nd Prize: INR 30,000 • 3rd Prize: INR 20,000
▪ Once selected, the winners will have the opportunity to interact with one or more accomplished professionals from relevant disciplines to develop a body of work comprising three (3) different stories. The winners will be free to choose their formats based on their interactions and design evolution.

 

Prize Claim

▪ The top three (3) winners will be awarded a certificate and the stipulated cash award.

▪ The three (3) honourable mentions will be awarded certificates.

▪ Once selected, the winners will have the opportunity to interact with one or more accomplished professionals from relevant disciplines to develop a new body of work and refine their winning entry, if necessary.

▪ 50% of the prize money will be given after the winners are announced. The remaining 50% will be disbursed after the mentorship phase upon submission of the new body of work.

▪ The schedule of the interactions will be determined by the mutual convenience and understanding between the assigned mentor/s and the mentees, with help from the Karuna team.

▪ The winners agree to submit their body of work developed during the mentorship phase to the Karuna team by 25 September 2020.

▪ The winners agree to submit all details as requested by the Karuna organizers within the stipulated timeframes in order to claim their prize.

कॉपीराइट सुरक्षित