AUDITION TERMS AND CONDITIONS
Opti Talent, a division of Optimystix Entertainment India Pvt. Ltd (“Opti Talent /Company/We/Us/Our”) is engaged in the business of hunting new, aspiring, fresh and extra ordinary talent/contestants/participants (“Talent/Talents”) suitable for fiction, non-fiction, reality shows (dance, music, acting, comedy), events, short movies, digital movies, feature films etc. (“Programs”) as per the creative requirement and format of the Programs being and/or to be produced by Optimystix Entertainment India Pvt. Ltd, its affiliates, associates, subsidiaries and /or any other third party including production houses, production companies, television channels etc. .
In view of above, the Company hereby invites Talents from all over world to participate in open online registration/audition process conducted for Programs whereby Talents who believe themselves to be having a potential to perform in any one or multiple area/genre of including but not limited to dancing, singing, acting, comedy, modelling, rapping, thrill and other skills, are eligible to register themselves for the “Audition” (defined below).
This opportunity will be a big opportunity to all the hard working and talented participants, as their voluntary participation in Audition may give recognition to their talent and an opportunity to work in entertainment industry. So if you have the talent we are looking for, quickly register yourself for the Audition. Talents can participate in Audition in pairs, group or perform a solo act.
Interested Talents have to visit the Company’s Website located at URL www.optimystix.tv/optimystix/register2.html (“Website”) and find the link for registration form/Entry Platform for Audition. Talents are required to fill the form completely ensure that true and correct information is given in the form.
Your participation and enrollment in the Audition will be governed by these Terms and Conditions, therefore kindly read the Terms and Conditions of Audition (“T & C”) before registering in Audition as the same are irrevocably binding on Talents.
Natural/legal guardian (“Guardian”) on Talent’s behalf where Talents are below the age of 18 years are required to accept these Terms and Conditions by clicking on the tab ‘I ACCEPT’ at the end of the page. The failure to accept these Terms and Conditions by Talent or his/her Guardian (as the case may be) will forthwith disqualify Talent’s participation in the Auditions without any further notice or communication to the Talent.
“Auditions” shall mean and comprise both online Audition and on ground Auditions collectively, consisting of different levels comprising Level 1 (defined below) of preliminary participation in Audition, to be conducted inter alia in the mode and manner as set out herein during which the Talents are required to qualify for further Levels and qualify for participating in the Program.
“Audition Centre” means and is limited to locations in the city of Mumbai, exact details to be finalized at the discretion of Optimystix, where the Talents whose audio-videos/audios shortlisted at Level 1 will be required to make themselves physically available for Level 2 and for further/subsequent Level (if shortlisted and required) of the Auditions at the discretion of Optimystix, where Talents need to come for level 2 and level 3 and further Levels (if any) of the Audition.
“Audition Period” in respect of Level 2 and /or 3 shall mean such period as may be decided by the Company at its discretion.
“Level(s)” shall mean collectively levels 1, 2 and 3, of the Auditions. The term “Level” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.
“Level 1” shall mean preliminary level of participation in online Audition (“Level 1”), to be conducted inter alia in the mode and manner as set out herein during which the Talents are required to qualify for further Levels.
“Level 2” shall mean Levels of the Audition consisting collectively of levels 1 and 2 of the selection process and/or individually of the particular level of the selection process for Levels 1 and/or 2 as the case may be.
“Level 3”: shall mean on ground Audition conducted in front of panel of judges.
Auditions are conducted at no cost to the Talents. The Company is neither collecting nor charging any fees to the Talent on account of registration, participation or whatsoever. Talents will be selected purely on their merit and skills in their respective genre. Talents shall be entitled to perform/ give an audition at multiple times in Level 1 and Level 2 and thereafter once in Level 3 (subject to the Talent’s selection in the respective Levels) unless decided otherwise by the Company at its sole discretion. It is clarified that submission of any audio-visual repetitively will disqualify Talents from the participation process without further notice.
In case talent notices, any person, company, agency or group is asking for fees in form of money or kind etc. in the name of the Company or others, then forthwith report such incident to the Company at Bungalow No 21, SVP Nagar, Jankidevi Public School Road, Near Versova Telephone Exchange, MHADA, Andheri (West), Mumbai: 400 053.
Ø Talent’s Eligibility
To participate/get register himself/herself in Audition Talent must comply with the following:
1. The Audition is open for all Indian citizens and / or residents of countries other than India and who are18 years and above at the time of registration.
2. Any individual aged below 18 years of age shall be eligible to participate upon consent of his/her Guardian who shall be representing their Talent’s participation upon terms and conditions stated herein. If Talent is under 18 years of age at the time of accessing or using the Website, Talent’s access and usage of the Website shall be deemed to be subject to his/her Guardian’s authorization at all times and unconditional acceptance to the Terms and Conditions, which shall constitute a legally binding user agreement between the Company and Talent/Talent’s Guardians acting for and on behalf of Talent.
3. Talent must be medically fit;
4. Talent shall not have any criminal conviction and not have an arrangement or a contract with any third party that prevents the Talents from participating in the Audition.
5. The Company reserves the right to verify and conduct background check including police verification (if required) in respect of the eligibility of all Talents to which the Talents and/or Guardian shall not have any objection.
Ø Procedure for Participation and Selection for the Audition
In order to participate in Audition, each interested Talent shall be required to submit his/ her entry (“Entry/Entries”) in the manner specified below and in Form.
For the avoidance of doubt, it is hereby clarified that by submitting the Entry the Talent is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.
To submit the Entry the Talent shall be required to follow the process as stated herein:
The interested Talent shall be required to visit the Registration/Entry platform (“Entry Platform”) and fill in her/his Entry by typing out all the required personal information such as name, address, age, phone number, email address and other details (collectively referred to as the “Personal Information”) and upload /submit an audio-video or audio Link(s) of Talents performance as mentioned in an entry/ registration form (“Form”) posted on the Entry platform by the Company and submit the Form by clicking on “submit” button.
Duration of the Audition audio-video shall not be more than (05) minutes. Any audio-video more than (05) (five) minutes will be rejected.
Size of the audio-video needs to be maximum 300 mb in size and in electronically accepted video formats as mentioned in Form.
A complete and valid Entry will only constitute when the Talents visit the Entry platform and submit the Personal Information along with the audio-video and or audio Link by clicking on “submit” button. For the sake of clarity, any automated receipt confirmation received by the Talent would not constitute proof of actual receipt.
The Company shall at its sole discretion, extend the participation and selection of the Talents through other modes/Entry platform/manners other than via Entry Platform.
The Company hereby confirms that this Terms and Conditions is only a call for Entries and mere submission of Form on the Entry Platform does not confirm guaranteed participation and/or selection, of the Talents, in the Audition and/or the Program.
The Company at its sole discretion may promote the Auditions through the medium of any television channel, website, print media (newspapers television (promos, astons, bugs etc.), on ground promotions, push SMS, radio, digital media/ online and any other manner as shall be deemed fit by the Company at its sole discretion, stating the mechanism in which the Talents can participate in the Audition.
Entries received from the Talents which is contrary to the Terms and Conditions herein shall be considered null and void.
The Talents shall ensure that the Entry submitted is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive (verbal or physical), offensive, insensitive, libelous or blasphemous to any person (living or dead), religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Talent shall not host, display, upload, modify, publish, transmit, update or share any information that:
a) belongs to another person and to which the Talent does not have any right;
b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c) harm minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonate another person in a defamatory manner;
h) contains software viruses or any other computer code, files or programs;
i) designed to interrupt, destroy or limit the functionality of any computer resource
j) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Talents agrees that the Company has the right to remove any such material/post which may not be in consonance with applicable law.
k) The Company shall not be responsible for any Entry submitted by the Talent but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or network provider’s connection failure and/or electricity failure and/or any reason whatsoever
l) On the basis of the Talents having made a valid Entry in accordance with the Terms and Conditions, the Company at its sole discretion shall shortlist several Talents (“Shortlisted Talents”) for participation in the Level 2 of Audition. For avoidance of doubt, it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the Shortlisted Talents shall be final and binding. For the sake of clarity, this Terms and Conditions is only a call for Entries and mere registration of the interested Talents on the Entry platform does not confirm guaranteed participation and/or selection of the Talent(s) in the Audition and/or the Program. Only the Talents, who have made a valid Entry on the Entry Platform and have been shortlisted by the Company, shall get a chance to proceed further for the selection process in the Audition. The Company shall make only one (1) attempt to intimate the Shortlisted Talents considered for further participation in the Audition by either (i) calling on the registered mobile number and/or; (ii) sending a mail on the registered email ID (“Intimation”). For the sake of clarity, the expenses for traveling (irrespective of such travelling being inter-city or intra-city or overseas) to the location of the Audition and/or any other ancillary expenses in relation to the Audition incurred by the Shortlisted Talents shall solely be borne by the Shortlisted Talents, without any recourse to the Company in any manner whatsoever. Intimation to each Shortlisted Talents shall mention the detailed address of the location, the dates and timings of the Audition and the Documents (defined below) that will be required to be carried along for the Audition by the Shortlisted Talents. The Shortlisted Talents are required to adhere to the verification process of the Company at the location where Audition will held which inter alia shall include original copies of their age proof, residence proof and their nationality proof (i.e., driving license, Aadhar card, pan card, passport, election card, electricity bill, ration card) (“Documents”). Additionally, the Guardian(s) shall be required to provide the Company requisite documentation i.e., original copy of passport, birth certificate or PAN Card, evidencing the relationship with the Talents. In the event the Shortlisted Talents fails to carry the Documents, the Shortlisted Talents shall be denied entry to the Location and may not be allowed to participate in the Audition if decided by the Company. Additionally the Company may at its sole discretion select another Talent from amongst the eligible Talents. If the Talent is not selected, the Talent shall not raise any claims or objections against the selection of other Talent or Talents.
m) It is expressly clarified that the Shortlisted Talents are associated with the Company and the Program on exclusive basis and shall not participate in any other program or similar program throughout the Audition rounds (any or all Levels) until their disqualification prior to the selection in the Program. If the Talent qualifies all the Levels of Audition and is selected in the Program, then the Talent shall be considered to be engaged by the Company for the entire Program and shall not participate in any other show or similar show/program until the end of the Program.
n) Talents/participants/Shortlisted Talents, Guardians etc. agree and acknowledge that while they are a part of the Audition or Program after the selection, they taking up any other show or similar show will affect the commercial prospects of the Program and therefore they acknowledge that the Company shall be entitled to seek injunctive relief against them if they participate in any other show or similar show during the Audition period and/or till the end of the Program (if selected in the Program after qualifying the Auditions).
o) For avoidance of doubt, it is clarified that apart from the aforementioned, the Shortlisted Talents shall not be entitled to any other opportunity to be selected directly for participating in the Program otherwise. Further, it is clarified that the Company shall not charge the Talent any admission fees for participating in the Audition and/or Program
p) The Entry made by each Talent is non-transferrable and non-exchangeable. The Talents agrees and undertakes that no cash equivalent or alternatives will be given to the Talents.
q) The Talents shall not in any circumstances make any claims against the Company, its parent the Company Optimystix Entertainment India Pvt. Ltd, its associates, affiliates etc. arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to Talent’s participation in the Audition or any related activity, to the extent permitted under law.
r) The Talents shall under no circumstances be entitled to seek injunctive relief against the Company, its parent Company Optimystix Entertainment India Pvt. Ltd, its associates, affiliates etc. and/or the Program as well future shows, programs, audio-visual content of the Company, its parent Company Optimystix Entertainment India Pvt. Ltd, its associates, affiliates etc for any reasons whatsoever including for if the Talent is not selected in the Audition round or the Program or does not win finally in the Program or for any reason whatsoever related to the Program.
s) No dispute shall be entertained with regards to the Entry submission mechanism/ criteria and selection process. Decisions of the Company shall be final and binding on the Talents.
t) Talents and Guardians on behalf of the Talents who are under the age of 18 years will have to sign the appearance release form, non-disclosure agreement and/or such other documents as required by the Company in order to participate in the Audition.
u) Talents and/or Guardian shall not insult or pass any remarks which are defamatory, derogatory or unacceptable in its nature, against the Company, its parent Company Optimystix Entertainment India Pvt. Ltd, its associates, affiliates etc any other Talents or co-participants, technicians, host, any member or employee of the Company or any other person present on the sets of the Audition/Program and/or any of the judges if the Talent reaches Level 3 or the respective Level comprising the judges’ panel.
v) All information requested by and supplied to the Company by Talent must be truthful, accurate and in no way misleading, failing which the Company reserves at its sole discretion the right to disqualify any Talent from availing this opportunity.
w) The Company does not guarantee any Talents of any recognition, fame, popularity through the Audition and/or Program or an opportunity to act or perform in any other program, show or any audio-visual content, etc. of the Company or of its parent Company Optimystix Entertainment India Pvt. Ltd, its affiliates, associates or of any third party.
GENERAL TERMS AND CONDITIONS:
Guardian(s) and/or the Talents shall have reviewed the Terms and Conditions in its entirety. Participation of such minors shall mean that his/her parents and/or legal guardian have reviewed and agreed to the Terms and Conditions hereof. The Guardian shall be fully liable for all obligations/representations and warranties as specified under this Terms and Conditions for his/her child’s participation in this Audition.
If the Entry is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
Guardians of the Talents shall accompany the Talent at the Audition Center on the date and time specified on the Intimation.
Guardians/Talent(s) must enter the details on their own behalf and Entry (ies) by proxy will not be accepted.
The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Auditions without giving prior notice. It shall be the sole responsibility of the Talents to check the Terms and Conditions of the Auditions on the Entry platform, from time to time.
By participating in the Auditions, the Talent represents that he/she is medically fit and does not have present or past physical and/or psychological problems. If in the past, Shortlisted Talents have had any physical or psychological problems or have been under medication for any injury, psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to the Company in writing along with a copy of the certificate from a qualified medical practitioner declaring him/her to be fit for participation in the Audition.
The Talents shall not be eligible for the Audition if he/she is suffering from any kind of critical health problem.
The Talent represents 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 Company in writing. The Talents has no other disability which would prevent or impede his/her participation in the Audition and or Program (if selected/shortlisted).
The Talents acknowledges that he/she has voluntarily chosen to participate in the Audition at his/her free-will and is willing to bear all risk, costs and consequences arising from such participation in the Audition.
The Company makes no representations, warranties nor provides any undertaking to any of the Talents that any or all of the Talents will be able to qualify for being eligible to get the opportunity of participating in the Audition for the Program.
Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the dates for such Auditions and at such date and place as it may determine and the Talents shall be required to be physically present on such rescheduled date and place in order to avail the opportunity to participate in the Audition for the Program. If the Talent fails to be physically present on such rescheduled date and time then the Talents shall be considered to have lost his/her chance to participate in the Audition and the Company shall in no event be responsible to address the Talents’ claim or communications relating to the Audition.
At no point of time will the Company be obliged to notify unsuccessful Talents of its decision.
The Talent agrees that he/she shall make himself/herself available from time to time and co-operate with the Company and participate in any activity and/or campaign relating to the Audition and/or Program (“Promotional Activity”) of any nature whatsoever without any money payable to the Talent. Further, the Talent shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Talent gives his/her consent to the Company to make the footage of the participation in the Promotional Activity. The Talent in consideration of being afforded an opportunity to take part in the Audition, agrees that the footage of any nature with regard to the Talent shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and the Company may exploit the same in any manner and in any media whatsoever at any time throughout the world.
The Talent specifically agrees, allows, grants and permits the Company or any party authorized by the Company to record (audio-video/audio or video) the participation process/performance at Audition (at any and all Levels), including but not limited to the performance and any interaction of the Talent with the Company or fellow Talents or any judges and/or representative of the Company if any, of the Talents rendered during entire Audition or any related series of video recordings which have been shot during the Audition(at any and all Levels), tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Talents (“Footage”) and agrees that the Footage may be used by the Company, its parent Company Optimystix Entertainment India Pvt. Ltd. as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.
The Talents shall hold harmless and indemnify, the Company, its parent Company Optimystix Entertainment India Pvt. Ltd, its affiliates, assigns, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma or lost opportunity suffered by the Talents in connection with the Audition and also to the extent possible under law waives all rights to 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 to claim any damages or reliefs.
The Talents and/or Shortlisted Talents shall hold harmless and indemnify the Company, its parent Company Optimystix Entertainment India Pvt. Ltd. its affiliates, assigns, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by the Company in connection with any act of the Talents/ Shortlisted Talents and/or the Audition and/or Entry and/or any third-party rights claims with respect to the material submitted by the Talents/ Shortlisted Talents.
If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Mumbai.
The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.
Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
The Company is in no manner whatsoever responsible and/or shall not be held liable, for any lost opportunity/loss of opportunity, any physical injury, death, mental trauma caused to any Talent in any manner whatsoever, in relation to participation in the Audition and or Program.
The Company shall be under no liability whatsoever to the Talents and/or Guardians, in respect of any loss, damage suffered by the Talent and/or Guardians arising from or pursuant to the Program or for any and all loss, damage, cost, expense or injury to life or property sustained by the Talent and/or Guardians at any stage of the Audition whether or not caused (1) by the Talent’s participation in the Audition/Program, or being selected or disqualified including loss of opportunity, loss of earnings, employment or otherwise caused to the Talent and arising as a result of his/her participation in the Audition/Program, if selected; (2) as a result of the decisions of the Company; (3) as a result of any comment, remark, judgment, view, criticism, critique, opinion and/or observation made and/or passed by the Company; (4) by any printing, typographical or technological errors in any materials associated with the Audition/Program and/or (5) enroute while coming to the Location. Notwithstanding the generality of the foregoing, the Company expressly excludes 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 participation in the Audition. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Talent and/or Guardian; or circumstances beyond the Company’s reasonable control.
The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Talent/Shortlisted Talents arising as a result of his/her participation in the Audition.
The Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the production of the Program on account of any force majeure factors or otherwise.
The Talents/ Shortlisted Talents hereby agree to indemnify the Company, its parent Company Optimystix Entertainment India Pvt. Ltd or its affiliates, assigns against any claims that might arise from his/her actions or omissions while participating in the Activity or due to any representations, misrepresentations or concealment of material facts by the Talents/ Shortlisted Talents.