Rules and Regulations

PROPOSED RULES & REGULATIONS GOVERNING APPLICATION AND PARTICIPATION IN SMART FIFTY

I.   EVENT DESCRIPTION

“Smart Fifty” (“Event”) is an entrepreneurship contest presented by IIM Calcutta Innovation Park (“Organiser”) that seeks to provide a vibrant platform to early stage startups, entrepreneurs and innovators in India and abroad working on ideas& products that have potential to transform India. The Event shall be broadcasted globally through the popular news channel ‘NDTV’ (“Broadcaster”) which will give a wide reach to the entrepreneurs to showcase their ideas & products to a large audience.

II.   DEFINITIONS

  1. Organiser means IIM Calcutta Innovation Park.
  2. Broadcaster means NDTV.
  3. Interested Participant means startups, entrepreneurs, innovators, individuals who are interested in participating in the Event.
  4. Event means Smart Fifty.
  5. Applicant means Interested Participant who has successfully applied the Participation Application for the Event and obtained Registration Number.
  6. Participant means the Applicant who has been selected to participate in the Event.
  7. Start-up means start up entity as defined by Department of Industrial Policy & Promotion
  8. Registration Number means the unique code provided to each Applicant as confirmation to successful filing of the Participation Application.
  9. Participation Application means the application required to be submitted by the Applicant to participate in the Event.
  10. Registration Application means the application required to be submitted by the Interested Participant to register for the Event
  11. Website means www.smartfifty.com.

III.   PROCEDURE TO PARTICIPATE IN THE EVENT

  1. Level 1

    The Interested Participant needs to visit the website (www.smartfifty.com) (“Website”)for registering their credential/contact information in the Event. The Interested Participant may click on the “Now Register” section to access the Registration Application. Once the Registration Application is successfully submitted after completing the required information, a unique Registration Number will be generated and sent to the Applicant via email/SMS. The Applicant shall be required to verify the provided email account by following the necessary instructions as mentioned in the email. The registration period will be open from September 20 to December 7, 2017 (both days inclusive).

    After verification of the registration, the Applicants may login to their Website portal and access the “Participation Application” by clicking on the “Application” section. The Applicants shall have to complete the online Application form and provide all the information, correctly and accurately, as required in the fields. The Participation Application can be saved and viewed any number of times before the final submission. However, no changes will be permitted once the Participation Application has been submitted. On successful submission of the Participation Application, the Applicant will get a confirmation of the submission through email and/or a text message. Applicants must quote their unique Registration Number for all future correspondence.

  2. Level 2

    All Applications shall be evaluated by a selection panel. The selection panel will evaluate the applications, inter alia, based on the following criteria:

    1. Novelty of the idea/product.
    2. Social Impact.
    3. Commercial feasibility and potential.
    4. Scalability.
    5. Sustainability.
    6. Profile of the promoters, founders and key managerial persons.

    Based on the decision of the selection panel, successful applications will be selected for the next level of the Event(“Contestants”). The decision of the selection panel will be final and binding on all the Participants.

  3. Level 3

    All the Contestants will be called for a boot camp (“Boot Camp”) conducted by the Organiser. The information about the date, time and venue of the Boot Camp shall be uploaded on the Website. Additionally, the Contestants shall be individually emailed/telephoned and informed regarding the details of the boot camp however, inability of the Organiser to reach out to any Contestant individually shall not be a valid ground for the Contestant to be absent for the boot camp.

    At the Boot Camp, the Contestants shall be required to fill up the necessary forms, submit self-attested copies of the required documents and get the originals verified. Each Contestant shall be attached to a Mentor Team. The Mentor Team will advise the respective Contestants on various aspects to improve their participation in the Event. The Contestants will have to present their respective idea/product before a boot camp jury panel. The jury panel will evaluate the Contestants and the selected Contestants will move to the next round of the Event. Few Contestants will be selected in the wait list category (“Wait Listed Contestants”). In case any of the selected Contestant fails to participate in the next round or is disqualified for any reason, then the Wait Listed Contestants will be considered in seriatim.

IV. GENERAL TERMS AND CONDITIONS

  1. Participation in the Event in any of the aforesaid manner shall be considered to be acceptance of all the rules and regulations of the Event. The Organiser reserves the right to disqualify/terminate the participation of any Applicant and the decision of the Organiser shall be final and binding.

  2. The Applicants must fulfil the following criteria:
    • must be adult i.e. only those who have completed 18 years of age as on September 25, 2017.
    • should be of sound health and mind.
    • the venture should qualify the criteria of Start-up as defined by the DIPP, Government of India (http://startupindia.gov.in/).
    • should have a working prototype or at least Proof of Concept.
    • the idea/plan must be implemented in  India.
    • the business plan should not be an extension of the any family business or backward/forward integration with any existing business.
    • the business plan should have a determinable revenue model.
    • should be able to verbally communicate in Hindi/English.
    • the business plan should not belong to following industries- alcohol, tobacco, gambling, firearms and explosives.
  3. Applicants must enter the Event on their own behalf and entries by proxy will not be accepted, even for their family members.

  4. The entries are not transferable.

  5. Employees of the Organiser, its affiliates and its service providers are ineligible to enter the Event. In case of any doubts regarding the satisfaction of eligibility conditions, the decision of the Organiser shall be final and binding.

  6. The Organiser also reserves the right to disqualify a Contestant incase a discrepancy is found to exist in the information furnished/provided/stated by the Contestant during the conversation with the Organiser or any of the Organiser's sub-contractors and vendors in the Event, and/or in the information stated in the documents furnished by the Contestant.

  7. The Contestant shall undertake, warrant and guarantee to the Organiser that the Contestant has the full legal capacity to participate in the Event in accordance with these Rules & Regulations.

  8. By registering for the Event, the Contestant represents that he/she is medically fit and do not have present or past psychological ailments. If in the past he/she has had any psychological ailments or have been under medication for any psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to the Organiser/Broadcaster in writing along with a copy of the certificate from a qualified medical practitioner declaring him/her to be fit for participation in the Event.

  9. The Contestant represent that he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Organiser in writing. That the Contestant is not required to be present before any authority including police or any court of law during the shooting dates informed by the Organiser and has no other disability which would prevent his/her participation in the Audition or the Event (if selected).

  10. The Contestant acknowledges that he/she has voluntarily chosen to participate in the Event at his/her free-will and is willing to bear all risk, costs & consequences arising from such participation in the Event.

  11. Each Contestant is also required to refrain from wearing any clothing items bearing any designer's or brands logos or bearing the name or likeness of a celebrity, living or dead, during the Studio Part of the Event. The Contestant(s) are also not permitted to wear or mention any competing TV channel names, or names of competitors or sponsors of the Event.

  12. If an entry is received for participation, it is assumed that the person sending in the entry has provided the Organisers with permission to send SMS's to or call him/her, whether or not such sender is registered on the National Do Not Call registry.

    Information

  13. The Contestant is required to furnish necessary supporting documentation as proof of age, address, name, photo identity and nationality i.e. one original and attested photocopies of either (i) passport/driving license or (ii) PAN Card along with birth certificate (iii) voter identity card with birth certificate (iv) UID/Aadhaar Card.

  14. Organiser/Broadcaster may, at its discretion contact the Applicant(s) and/or Contestant(s) at any time, if required, for any clarifications needed for the information provided in the application.

  15. The Organiser has the right at any time to require proof of identity and/or eligibility. Failure to provide such proof within a reasonable time could result in disqualification from the Event.

  16. In case there is any mismatch of Applicant/Contestant(s) details in any round of the Event, the Contestant(s) may be disqualified from further participation in the Event, if Contestant is unable to resolve discrepancies.

  17. All personal details and information requested by and supplied to the Organiser by each Contestant must be truthful, accurate and in no way misleading. The Organiser reserves the right to disqualify any Contestant(s) from the Event or Audition in its sole discretion, should the Contestant(s) at any stage supply untruthful, inaccurate or misleading personal details and/or information.

  18. If at any time, including after disbursement of prize, any information submitted by the Contestant(s) is found to be incorrect, false, or otherwise misrepresented or misleading, the Contestant(s) shall be liable to refund all amounts received from the Organiser.

  19. The Contestants by providing the aforesaid information hereby agree that the Organiser shall have the right to share the information so collected with such other third party as required for the purpose of the Event and hereby consent that they shall not file any claim against the Organiser for sharing for such information

    Speaking to the media and third persons

  20. None of the Contestants shall, without the prior written approval of the Organiser, speak to the press or any other media or any third person, nor give any interviews or comments relating to any aspect of the Event or write blogs, post messages on social media. The Contestant(s) shall not disclose any information whatsoever relating to the Organiser to any other party. Violation of this clause shall immediately disqualify the Contestant's prospects of further participation.

  21. The Contestant(s) shall at all times keep confidential the selection process and all tails regarding the Event including Boot Camp.

    Boot Camp

  22. If a Contestant is unable to appear for the Boot Camp at the stipulated venue and time, he/she shall be disqualified from further participation.

  23. Organiser shall not entertain any request by the Contestant for change in the dates and venues of Boot Camp.

  24. The Boot Camp process is likely to take more than one day, and the Contestant would be required to be present for the entire period of the Boot Camp as informed by the Organiser.

  25. Notwithstanding any other provisions in this Agreement, the Organiser may, at its sole and absolute discretion, cancel or reschedule the Boot Camp, or hold additional Boot Camp on such other dates and at such places as it may determine and the Contestant(s) shall adhere to and abide by any and all instructions, requirements and timing stipulations as determined by the Organiser and shall attend at any and all such additional Boot Camp.

  26. Cameras and photography by the Contestants will not be permitted at the Boot Camp or the Event Shoot venues.

  27. The Contestants understand that getting shortlisted in the Boot Camp is only a preliminary step towards further participation in the Programme and final participation shall be the absolute and sole discretion of the Organiser

    Short listing

  28. Even after final selection for the Event, the Organiser shall have the right to replace any of the Contestant as per their discretion and creative requirement, for the betterment of the Event.

  29. The Organiser also reserves the right to increase or decrease the number of the Contestants.

  30. At no point of time will the Organiser be obliged to notify unsuccessful Contestants of its decision.

  31. Whilst the Organiser shall make all reasonable endeavours to (i) enable Contestants to participate in the contest (ii) to contact all Contestants at each relevant juncture of the Event, the Organiser can make no guarantee thereof and the Organiser shall in its sole discretion be entitled to proceed with the next entitled Contestant, in case it is unable to successfully contact and communicate with Contestants.

  32. In the event there is a tie between two (or more) Contestants, the Organiser shall be entitled to determine in its absolute discretion which Contestant is eliminated and/or which Contestant goes through to the next round and for this purpose it shall be entitled to make such arrangements or request such further rounds from the Contestants, as it in its absolute discretion, deems necessary.

  33. All attempts will be made to protect Application data from loss and corruption, but in the event such data loss happens, and because of the intricate timelines of the Participant selection process, the Organiser may have to continue with whatever data is available, or in any other manner as it may deem reasonable.

    Intellectual property rights and access to personal information

  34. On request of the Organiser, the Contestant(s) shall also make arrangements for the Organiser/Broadcaster to have access to his/her residence, work place, favourite hangouts, pets, etc. and obtain necessary permissions from his/her parents, siblings, friends, colleagues to be photographed, interviewed and to record or click their photographs, videos etc.

  35. As part of Contestants' contribution to the Event, the Broadcaster may request Contestant(s) to participate in any media/online/interactive activity relating to the Event including without limitation recordings of web-casts, interviews and participation in so-called 'chat-rooms'. It is a further condition of entry and participation in the Event that Contestant(s) ensure and procure from any and all Contributors their agreement and execution of the release form as devised from time to time by the Organiser/Broadcaster.

  36. The Winner(s) of the Event agrees that he/she shall make himself/herself available from time to time and co-operate with the Organiser and participate in any activity and/or campaign ("Promotional Activity") of any nature whatsoever without any money payable to the Winner(s). Further, the Winner(s)/Contestant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever if required by the Organiser. The Winner(s)/Contestant(s) agrees that the footage of any nature shall vest with the Organiser, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

  37. Any photographs, videos etc. submitted to the Organiser/Broadcaster shall on submission/creation become the property of the Organiser and shall be available to the Organiser for exploitation throughout the world in perpetuity. The Contestant(s) shall ensure that the photos or videos submitted by them in any public domain or their performances shall not be obscene, vulgar, defaming, denigrating women, or children, hurting religious sentiments, depicting violence or shall not infringe the rights of a third person. In the event of any violation to the aforementioned, the Contestant(s) shall immediately be disqualified from taking part in the Auditions/Event or any further rounds of participation and such Contestant(s) shall solely remain liable for any action (criminal/civil) arising there from.

  38. Acceptance of these Rules and Regulations by the Participants constitutes permission for the Organiser its affiliates and Broadcaster to click photographs, record videos of the Contestant(s) and use the Contestant(s) name, photographs, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any additional compensation whatsoever.

    Expenses of participation & logistics

  39. All cost including but not limited to travel cost for attending the Boot Camp at the venues as informed by Organiser shall be borne solely by the selected Auditionees and the Organiser or its sub-contractors shall not be liable for the same. The Organisers may bear the board (twin-sharing) expenses of the Auditionees during the Boot Camp.

  40. The Organiser or any of the affiliates connected with the Event shall not be liable for any cancellations and/or delays in the train/flights/cars arranged for the Contestant(s) due to any reason including but not limited to force majeure, logistical problems at the airports/railway stations/roads etc and the Contestant(s) shall not have any claim against the Organiser and/or any of its affiliates connected with the Event and/or Broadcaster for the same. The Organiser or any of the affiliates connected with the Event shall not be responsible for any such eventuality and the Contestant(s) undertakes not to claim any compensation from the Organiser/Broadcaster for the same.

    Prize and Contract with the Organiser

  41. It is not necessary that the winning Contestant wins the maximum prize money.

  42. Any and all taxes and/or levies applicable on the prize money won by the Participant(s), under the laws of India shall be borne by the Participant(s) in relation to the prize. Payment of prize money to the Winner(s) shall be after deduction of all applicable taxes and levies and subject to providing the relevant documents as intimated by the Organiser and will be paid within the time stipulated by the Organiser. A duly attested copy of the PAN card is compulsory to claim the prize money by the Contestant.

    Other Terms

  43. The procedures for registration and participation in the Event are subject to the Rules and Regulations stated herein and subsequent amendments. Non-conformance by any Contestant(s) to the rules of the Event will disqualify him/her from participation or winnings, immediately, as the case may be.

  44. In the event of any fault, misunderstanding or dispute concerning any part of the Event, and/or the operation of the telephone system, Auditions, Call-backs, the selection of Contestant(s) at any stage, the decision of the Organiser shall be final and binding on all Contestant(s). The Organiser/Broadcaster of the Event is empowered to take a decision on any case or instances not covered by the present Rules and Regulations.

  45. The Organiser reserves the right to amend (add, delete or modify) the Rules & Regulations governing the Event and/or the Participant selection process prospectively or retrospectively, at its discretion and without prior notice, in order to improve the Event or remedy any issues that occur.

  46. The Organiser has the right at any time to terminate the Event without any prior intimation or notice to the public and also the Organiser is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Event and/or accommodate any person or persons who have been selected in the Event.

  47. Registration to the Event does not guarantee the selection of the Applicant(s)to proceed with the Event. Registration also does not entitle any Contestant(s)to a prize or award.

  48. Taking part in the registration process shall be deemed to be acceptance by the Applicant(s) to receive promotional messages from the Organiser or any third party so authorized by the Organiser.

  49. Notwithstanding a Contestant's participation in the Event, there is no obligation on the part of the Organiser to broadcast any show in which he/she has taken part, or any or all of his/her contribution as recorded by the Organiser.

  50. The Organiser reserves the right to re-schedule the date(s) of registration, call-backs, Boot Camp, recording the Studio Part of the Event and broadcast, at its discretion.

  51. In case the Winner(s) is found to be in violation of any and all rules/process of the Event, the Organiser reserves the right to initiate legal proceedings against such person(s) including but not limited to having the concerned winner to refund the prize money won together with penalty interest as deemed fit by the Organiser.

  52. The Organiser reserves the right to change the structure of the Event as it sees fit including without limitation by adding/reducing/altering Auditions/rounds to the Event.

  53. It is a condition of entry and participation in the Event that Contestant(s) make themselves available to participate in the Event, agree and sign up the Contestant Release Form and any other documents as requested by the Organiser and abide by terms and conditions of such Participant Release Form and the Rules, Regulations as devised from time to time by the Organiser including but not by way of limitation these Rules & Regulations.

  54. The Organiser's decision is final and the Contestant(s) acknowledge that the interests of the Event shall override those of any Contestant(s).

  55. The Contestant(s) must at all times behave appropriately when taking part in the Event and observe these Rules & Regulations and any other Rules &Regulations in force at the Auditions and/or studio. The Organiser reserves the right in its absolute discretion to remove from the Event, Audition, Studio any Contestant(s) who breaks such rules and/or fails to behave appropriately and to disqualify such Contestant(s).

  56. These Rules & Regulations supersede any and all release forms signed by the Contestant(s) and in the event of any conflict, these Rules & Regulations will prevail.

  57. No weapons, alcohol or illicit substances will be permitted at any premises or during any part of the Event. Contestant(s) must be of good moral character and not be under the influence or habit of any medication, drugs or other psychotropic substance which may impair their ability to participate in the Event. Use of any prohibited substances could lead to disqualification.

  58. If any provision of these Rules & Regulations is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Rules & Regulations and the remainder of the affected provisions shall continue to be valid.

  59. These Rules & Regulations and the Event shall be governed by and construed in accordance with the laws of India and the Contestant(s) submit irrevocably to the jurisdiction of the Courts in Kolkata.

  60. Use of mobile phones will not be permitted during the Boot Camp, contest &shoot. It may lead to disqualification.

  61. Application does not guarantee the selection or participation of the Contestant(s) and such selection shall be as per the sole discretion of the Organiser or its affiliates.

  62. The Organiser/Broadcaster of the Event is empowered to take a decision on any case not covered by the present Rules and Regulations.

    Liability

  63. The Organiser and/or the Broadcaster is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental trauma caused to any Contestant(s) and/or the Winner (s) in any manner whatsoever, in relation to the Event and/or prize.

  64. The Organiser, its affiliates and the service providers used by Organiser for the Event, and any person or entity connected with the production (including the format owners and the broadcasters of the Programme), administration or judging of the contest, the Event or thermoformed (the "Relevant Parties") shall be under no liability whatsoever to the Contestant(s) or the Contributors, in respect of any loss, damage suffered by the Contestant(s) or Contributors arising from or pursuant to the Event or for any and all loss, damage, cost, expense or injury to life or property sustained by the Contestant(s) at any stage of the Event and during production thereof whether or not caused by (1) the administration (including scheduling) of the Event including any failure of transportation or inability for any reason to appear for the Audition/before the Judges; (2) the Contestant's or any third party's participation in the Audition, or being selected or disqualified; (3) as a result of the decisions of the Judges or Organiser; (4) as a result of any comment, remark, judgment, view, criticism, critique, opinion and/or observation made and/or passed by the Host and/or Organiser; and/or (5) any printing, typographical or technological errors in any materials associated with the Event. Notwithstanding the generality of the foregoing, the Relevant Parties expressly exclude liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to the Event. In no event will the measure of damages include, nor will the relevant parties be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties or for damages attributable to the Contestant(s); or circumstances beyond the relevant parties including the Organiser’s reasonable control.

  65. The Applicant/Contestant of the Event agree that he/she shall hold harmless the Organiser, its employees, officers, sub-contractors or any other person in connection with the prize won by him/her and/or in relation to the Event including but not limited to the procedure in the Event and shall also not file in person/through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against sponsor and/or the Organiser to claim any damages or relief's.

  66. The Organiser will not be responsible for any loss/theft of belongings of the Contestant(s) on the sets of the Event.

  67. The Organiser/Broadcaster or any of its affiliates will not be liable for any loss of any loss of earnings, employment or otherwise caused to the Contestant(s) and arising as a result of his/her participation in the Event, if selected.

  68. Organiser/Broadcasters and its sub-contractors cannot and shall not be held accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Audition or Event on account of any factors beyond their control.

  69. Organiser/Broadcaster and its sub - contractors shall not be held responsible or accountable to any of the Contestant(s), for any loss, injury or any other liability which may arise, en route while coming to the venue of Bootcamp or while attending the Studio Part/Programme/Shoot or while participating in the Event and for which the Contestant(s) will be required to sign an indemnity in favour of the Organiser. The Contestant(s) agree to release, discharge, and covenant, not to sue the Organiser or any of its associate agencies and each of their respective officers, directors, agents, representatives and employees, and/or any other agencies or individuals connected with the Event in any manner, from any and all claims, actions, damages, liabilities, losses, costs and expenses, in any way arising out of or resulting from the Contestant(s) involvement in the selection process.

  70. The Contestant(s) hereby agree to indemnify the Organiser or its affiliates against any claims that might arise from their actions or omissions while participating in the Bootcamp/Event.

  71. The only way to enter the Event is through the online application process as described in these rules and regulations. There is no other way of entering the Event. This entire process is transparent and monitored by an independent Auditor. Any person claiming that he/she can help any Applicant or Participant would be indulging in an act of fraud and in no way can represent the Organiser or any of its official partners. Applicants and Contestants should report any such person or incident to the Organiser immediately.

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