HOTSTAR CRICKET CHAMPIONS PROGRAM
CONDUCTED BY CRICCLUBS LLC ("Agency")
ON BEHALF OF 21st CENTURY FOX STAR US LLC ("Star")
Thank you for your interest! As a condition of participation
in the Hotstar Cricket Champions Program, you must agree to the
requirements set forth below. Please contact Agency ("we" or "us"
as the context may require) at ganesh@cricclubs.com or
+12622476612 if you have any questions. You may also contact Star
at dhruv.khaitan@startv.com and +1 833 212 2120.
Eligibility
You must be at least eighteen (18) years old and must have
reached the age of legal majority in your state, province or
territory of residence. You may not be a current or past employee
of Star. You must not be subject to any contractual or other
restrictions that would prohibit you from entering into this
agreement.
You are entering and agreeing to these Terms and Conditions
on behalf of a cricket league organiser ("League"), whose league
contains a number of participating teams ("Teams"). You hereby
represent and warrant that you are a member of the League, and
that you are authorised to register the League as part of the
Champions Program. You further represent and warrant that the
Teams under your league have consented to being considered part of
the League for the purposes of the Hotstar Cricket Champions
Program.
The Teams will be required to separately accept the terms
and conditions of the champions program as applicable to them.
Term
The Hotstar Cricket Champions Program will last from May 13,
2019 to June 30, 2019 (both days inclusive).
Nature of the Activity
You and the Teams shall, in accordance with the Restrictions
& Requirements set out below, promote Hotstar for the purpose of
attracting new subscribers to Hotstar. You and the Teams may
promote Hotstar through various means of communication, including:
- Email
- Telephone calls
- Text messages
- Face to face conversations with individuals and/or groups
of people
- Social media platforms
(together, "
Marketing Communications").
Teams shall be given a unique Promo Code (Code). This Code
can be redeemed by new subscribers to get discounts on their
Hotstar subscription. This Code will be used to track the number
of subscriptions effected by you.
For the purposes of these Terms and Conditions, a
Subscription will only be deemed to have been effectuated by you
when a Code is redeemed. A Code will only be considered to have
been redeemed if Hotstar’s internal system log recognizes the Code
as valid and redeemed. Any decision with regards to whether a Code
has been redeemed or not shall be made solely at Star's discretion
and shall be final and binding on you. If a subscription is
cancelled within 48 hours of a Code being redeemed for that
subscription, it shall not be considered a redemption for the
purposes of payment. Each Code will have a validity period (as
notified by Star) and must be disclosed by you. Any Code redeemed
after the said date will not be entitled to any incentives under
these Terms and Conditions.
Codes given to a potential Subscriber will only be
redeemable by such person who on the date of redeeming the Code is
not and has not previously subscribed to Hotstar; that is, the
Code is redeemable and valid for use by first time Subscribers
("New Subscribers") only. You must clearly disclose in your
Marketing Communications that the Code is valid for first-time
subscribers only.
Incentive
- New Subscribers shall be entitled to a discount on
Hotstar's Annual Sports and Entertainment Pack (and not on any
other subscription plan) when they redeem a Code. Such discount
shall be changed from time to time at Star's sole discretion, and
such change shall be communicated to you. The current discount is
as follows:
| Hotstar Packs |
Pack Cost (exclusive of applicable
taxes) |
New Subscriber discount (%) |
Effective Price |
| Annual Sports and Entertainment Pack |
99.99 USD per year |
30% |
70 USD per year |
- You shall be entitled to USD 2 (United States Dollars
Two) for every code that is redeemed by a Team.
- If the total number of Codes, across all Teams redeemed
in any calendar month during the Term exceeds 200 (two hundred),
you shall be entitled to an additional USD 3 (United States
Dollars Three) for every code athat is redeemed by the Teams
during that month.
- If the number of Teams under your League registered under
the Cricket Champions Program exceeds 40 (forty) as of May 31,
2019, you shall be entitled to a one-time payment of USD 250
(United States Dollars Two Hundred and Fifty). Cricclubs reserves
the right to verify the number of Teams under your League that
register under the Cricket Champions Program. Any decision made
by Cricclubs in this regard will be final and binding upon you
and the Teams.
- Teams shall be entitled to USD 15 (United States Dollars
Twenty) for every Code that is redeemed.
- If the number of Codes of a particular Team that are
redeemed in any calendar month during the Term exceeds 10 (ten),
that Team shall be entitled to an additional USD 5 (United States
Dollars Five) for every Code that is redeemed in that month.
- Payments shall be made on a monthly basis.
- Agency shall make payments to you within forty five (45)
days of the beginning of each calendar month.
Compliance with Law
You will be responsible for ensuring that all Marketing
Communications sent by you comply with all applicable laws, as
well as any directions issued by Star.
Restrictions & Requirements
For all direct communications (e.g., text messages, emails,
telephone calls, or other direct messaging) you must:
- Contact only close friends and family members.
- Not continue to contact a friend or family member who
asks to receive no further Marketing Communications from you.
- Notify us immediately of any complaints you receive about
the Marketing Communications.
- Clearly and conspicuously disclose in each Marketing
Communication that you are being paid to promote Hotstar, such as
through the use of "#paid" "paid by Hotstar" or a similar
disclosure.
- Verbally disclose in each call that you are paid to
promote Hotstar.
- Not make objective claims about Hotstar (e.g., lowest
price, fastest service, biggest selection). You may, however,
make subjective claims (e.g., I love Hotstar, it has my favourite
shows), as long as such claims reflect your honest opinion based
on your actual use of Hotstar.
When promoting Hotstar through posts on social media:
- You must include in each post a clear and conspicuous
disclosure that you are being paid to promote Hotstar, such as
through the use of #paid or "paid by Hotstar". If you use a
hashtag to make this disclosure, and it is part of a string of
hashtags, then it must be the first hashtag in the string, and a
viewer should not have to scroll to see it.
- If you are making a promotional video, you must include a
disclosure that you are paid, at the beginning of the video,
either:
o A spoken disclosure that is presented in a way that is
easy for the viewer to hear and understand that is, sufficiently
slowly, using words that your audience will understand; and/or
o A clear and conspicuous super that is on the screen long enough
to be noticed, read and understood by your audience.
- Anything that you say about Hotstar must reflect your own
honest opinions and experience, based on your actual use of
Hotstar. You will let us know if the views you express change.
- You will not make objective or other performance claims
about Hotstar (e.g., lowest price, fastest service, biggest
selection).
You will not be provided with any email addresses or phone
numbers to contact.
You will not be provided with any copy for the texts and
email messages, other than the promo codes.
You may, however, share or repost material that is carried
on Hotstar's official social media pages, and insert details of
your promo code in the reposted/shared material, provided that you
clearly and conspicuously disclose that you are being paid to
promote Hotstar in each post, as set forth above.
Our Right to Monitor Your Promotional Material
- You will provide us with a list of the social media
pages/channels on which you post promotional material. The list
is subject to our review and approval. If any of your
pages/channels are private, you must provide us with access to
them. You may not post promotional material to channels/pages
that are not on your list, unless you first obtain our written
consent.
- You will blind copy (bcc) us on any promotional emails
that you send out.
- You will immediately provide us with samples of any
Marketing Communication that you send out, at our request.
- You will promptly remove promotional material at our
request.
Additional Requirements
- You agree that your promotional material will not:
o
Mention or show any brand name or logo, including on clothing,
other than the brand of the product(s) promoted.
o Include or show any children who are not your own or any adults
who do not know and agree that the promo may be posted as part of
this program.
o Show or refer to any celebrities.
o Use any music or song lyrics that are not your own.
Relationship
Neither these Terms and Conditions, the relationship created
pursuant to these Terms and Conditions, nor any course of dealing
between you and us is intended to create, or shall create, an
employment relationship, a joint venture, partnership or any
similar relationship. You agree that you are not entitled to any
of the rights or benefits afforded to Star employees.
Termination
If you breach any of these Terms and Conditions, we reserve
the right to immediately terminate your participation in the
Hotstar Champions Program. In the event of termination, your promo
code will be deactivated immediately and you will not be entitled
to any further payments. The above is without prejudice to any of
our rights and remedies available under law, contract, or equity.
We reserve the right to terminate your participation in the
Hotstar Champions Program at any time, without providing any
reasons, by providing you with seven (7) days written notice.
We reserve the right to terminate the Hotstar Champions
Program at any time, without providing any reasons and without
liability to you or any third party. In the event that the Hotstar
Champions Program is terminated, we shall inform you of such
termination within a reasonable time period.
You may terminate your participation in the Champions
Program at any point. You will be entitled to payments based on
the number of subscriptions effected by you until the last date of
your participation in the Champions Program.
Indemnity
You shall indemnify, defend and hold harmless Star and its
employees, directors, officers, and agents from and against any
claim, loss, actions, damages, penalties, liability, expenses,
cost (including reasonable attorneys fees and court fees) arising
out of (i) any breach of warranty, representation, obligation, or
undertaking made by you in this Agreement; (ii) the misconduct or
negligent acts or omissions of yours; or (iii) any breach of
applicable law by you.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of
the State of New York, USA, without giving effect to any choice of
law or conflict of law rules. To the extent permitted by
applicable law, you agree that any and all disputes, claims, and
causes of action arising out of or relating to these Terms and
Conditions shall be resolved individually, without resort to any
form of class action, and exclusively by the appropriate federal
or state court of the State of New York.
Severability
If any provision of these Terms and Conditions is held to be
unenforceable or invalid, the said provision shall be modified to
the extent necessary or struck, and, in any event, the remaining
provisions will continue to be valid and enforceable.
No Waiver
Our failure to enforce any provision of these Terms and
Conditions shall not constitute a waiver of that or any other
provision.
