Terms and Conditions

TERMS & CONDITIONS for Website

  1. ‘Wizkids’ is a trademark owned and organized by LXL Ideas Private Limited (“Organizer”).
  2. The Organizer is organizing a contest titled ‘Wizkids 2020’ containing such competitions and rounds as detailed in the Wizkids Brochure “Contest”). The Contest can be accessed through the application branded “Krayon TV” owned by the Organizer and available at https://play.google.com/store/apps/details?id=com.streann.krayon (“Krayon App”) & the schools shall register for the same on www.krayon.tv/wizkids website
  3. The Contest will be governed by the terms and conditions contained herein (“Terms and Conditions”) and other rules provided by the Organizerin the Wizkids Brochure (“Rules”).
  4. The Contest is valid for Indian citizens between the age of 6 to 18 years (“Participant(s)”). Family members of the employees of the Organizer and sponsors of the Contest (“Sponsors”), their associate companies, advertising agencies, and auditors shall not be eligible to participate in the Contest. Further the Contest is also valid for schools, as provided in the Wizkids Brochure and the participating schools shall be hereinafter referred to as “School(s)”.To the extent that the Participant(s) are under the age of 18(eighteen) years (“Minor Participant(s)”), their parents or legal guardian as per the applicable laws (“Guardian(s)“) hereby represent that the Minor Participant(s) are participating in the Contest and accessing the Krayon App with the consent and under supervision of their Guardian(s). The Guardian(s) of the Minor Participant(s) hereby agree to adhere, and to ensure that Minor Participant(s) shall adhere to these Terms and Conditions and the Rules of the Contest.
  5. The Organizer reserves the right to cancel or change the Contest proceedings or any rounds thereof, at its sole discretion, without prior notice, due to time constraints, natural calamity, untoward incidents (if any), or for any other reason.
  6. The Organizer reserves the right to cancel, modify, extend or withdraw the Contest prematurely or any rounds thereof, or modify, change, vary or alter any Rules or these Terms and Conditions, at its sole and absolute discretionwithout giving any prior notice to the Participant(s), Guardian(s) and/or the School(s) and it shall be the sole responsibility of the School(s) and or the Participants or their Guardians, as the case may be, to check the Terms and Conditions and the Rules from time to time. By participating in the Contest, the Participant(s) or the Guardian(s), on behalf of the Minor Participants, and the School(s) agree to these Terms and Conditions, as may be modified from time to time.
  7. In the event the School(s), Participant(s), or the Guardian(s) on behalf of Minor Participant(s), do not wish to be bound by any such revisions, the School or the Participant must stop participating in the Contest and inform the Organizer in writing. By continuing to participate in the Contest after the revision of Rules and/or Terms and Conditions (from time to time) become effective, the School(s), Participant(s) and/or the Guardian(s) of Minor Participant(s), agree to be bound by the revised Rules and Terms and Conditions.
  8. The Organizer shall have the right to reject the registration of or to disqualify any Participant(s) or School(s) at any point of time, for such reason it deems fit including but not limited indulgence of the Participant(s) or School(s) in unfair means and foul play,

delay in submission of the videos or the content for Contest, or violation of the Rules

and/or Terms and Conditions hereof.

  1. Incomplete entries (i.e. entries not carrying complete details of name, address, email, mobile, school) will not be considered for the Contest.
  2. The winner will be contacted using the details furnished during time of submitting the entry.
  3. Prizes are neither transferable nor upgradeable.
  4. The winner will have to bear incidental costs, if any, that may arise for redemption of the prize.
  5. Taxes as applicable will be deducted at the source for all prizes.
  6. The Organizer and the Sponsors reserve the right to change or modify the promised prizes at any point in time without prior notification.
  7. The Contest shall be adjudged by the Organizer or such other persons as may be authorized by the Organizer, and the decision of the Organizer will be final and binding with regard to any dispute arising out of this Contest and is non-contestable. No correspondence shall be entertained in this regard.
  8. Organizer’s decision will be final with regards to the choice of judges, declaration of winners and all other aspects of the Contest, and in no event shall any Participant, their Guardian in case of Minor Participant, or School dispute any decision of the Organizer.
  9. Registration for participation in the Contest does not entitle any Participant or School to a prize or award. At no point of time will the Organizer be obliged to notify unsuccessful Participant(s) or their Guardian(s), in case of the Minor Participant(s), or the School(s), of its decision.
  10. In the event that there is a tie between two (or more) Participant(s) and/or School(s), Organizer shall be entitled to determine in its absolute discretion which Participant(s) and/or School(s) shall be deemed to be the winner. No enquiries, appeals, verbal or written, shall be entertained in this regard.
  11. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or any rounds, the decision of the Organizer shall be final and binding on all Participant(s) and the School(s). Organizer is empowered to take a decision on any case or instances not covered by the present Terms and Conditions.
  12. The Participant(s) and/or their Guardian(s), on behalf of the Minor Participant(s), hereby grant the Organizer an unconditional, perpetual and worldwide license to exploit the videos, photographs, voice, motion pictures or any other content submitted by the Participant(s) and all parts thereof, in all modes and mediums, whether existing or as may be discovered or invented in future, for any reason whatsoever including the right to post such content on the Krayon App or otherwise for media coverage, advertisement or publicity of the Krayon App, Contest or any future event organized by the Organizer, without obtaining any further consent from the Participant(s) or the Guardian(s), in case of the Minor Participant(s). The Organizer shall have the right to edit, modify or use the content along with brands of the Organizer, Krayon App or the Sponsor. . The Organizer shall also have the right to sub-license the license granted herein by the Participant(s) or the Guardian(s) in case of the Minor Participant(s), to the Sponsors, to use the content submitted by the Participant(s), along with the brands of

such Sponsors. The Participant(s) shall retain all rights, including intellectual property

rights in all content submitted by the Participant(s) to the Organizer.

  1. The Participant(s) and/or the Guardian(s) of the Minor Participant(s), hereby understand that winning video and/or the content, or any other video or content at the sole discretion of the Organizer, may be uploaded on the Krayon App and may remain available to other users of the Krayon App for such period as the Organizer may deem fit. While submitting the video and/or the content, the Participant(s) or their Guardian(s), as the case may be, should think carefully. However, the Organizer shall not be under any obligation to post, upload or make available any video or content on the Krayon App.
  2. School(s) and Participant(s) or the Guardian(s) on behalf of the Minor Participant(s), hereby agree and irrevocably acknowledge that the Organizer shall have the sole and exclusive right including but not limited to intellectual property rights (copyrights and trademarks) and other proprietary rights in and to the Contest, and all its components whatsoever.
  3. The Organizer and the Sponsors shall not be responsible for any loss, injury or any other liability arising out of the Contest including during the shooting of video or conduct of the event onground or online.
  4. The Organizer and/or the Sponsors shall not be liable for any loss, delay or damage due to act of God, governmental actions or other force majeure circumstances. They shall not be liable to pay any amount as compensation, or otherwise, for any such loss, delay or damage to the Participant(s), Guardian(s) of the Minor Participant(s) and/or the School(s). The Organizer and/or the Sponsors shall not be liable for any loss of prize due to incorrect address or any other information provided by the winner of the Contest.
  5. The Organizer and/or the Sponsors shall not be responsible for any inadvertent fault of any kind either due to the Participant, the concerned School or the Organizer and/or the Sponsors, which prevents the participation in any given activity. The Organizer and/or the Sponsors shall not be responsible for any untoward incident which causes any harm to any Participant(s), School(s), teacher, guests, or any other person.

26.The School(s), the Participant(s) and the Guardian(s) on behalf of the Minor Participant(s), hereby represent, warrant and undertake to the Organizer as follows:
(i) The Participant(s) and/or the School(s) qualifies the eligibility criteria as mentioned

hereunder and is under no disability which prevents it from entering into the Contest and are willing to bear all risks, cost and consequences arising from participation in the Contest.

(ii) The Participant(s) and the Schools(s) have voluntarily chosen to participate in the Contest at their free will and in case of the Minor Participants, the Guardians of Minor Participant(s) have consented to the same.

(iii) All details provided by the Participant(s) and/or the School(s) are true and correct. (iv) The Participant(s) and/or the School(s) shall abide by these Terms and Conditions of the Contest, as well as the terms of use (“Terms of Use”) available at http://krayon.tv/wizkids/index.php/terms-of-use and privacy policy (“Privacy Policy”) of the Krayon App available at

  1. (v)  The Participant(s) or the Guardian(s) of the Minor Participant(s) and the School(s) shall ensure that video or any other content submitted for the purpose of Contest shall not infringe the rights of any third party including any intellectual property rights and shall be in compliance with all the applicable laws.
  2. (vi)  Participant(s), Guardian(s) of the Minor Participant(s) and/or the School(s) shall not offer any bribe or make any requests to any members of the Organizer to get any favours. Any such acts shall eliminate the Participant and/or the School from the Contest. Any fraud in respect to entries or tampering will attract legal action and disqualification from the Contest.
  3. (vii)  The Participant(s) and the School(s) will comply with any and all applicable laws governing participation in the Contest through the Krayon App, and the access and use of the Krayon App at all times.

27. The
(i) The School(s) shall provide the required approvals and share the Wizkids School

School(s), further represent and warrant as follows:

Code (as mentioned above in the Rules), with the Participant(s) from the relevant

School;

  1. (ii)  The School(s) shall not disclose the Wizkids School Code, provided by the Organizer to the School(s), to any person not being a student or teacher of the respective School;
  2. (iii)  The School(s) shall ensure that all the Participant and coordinators from the respective School shall abide by the Rules and the Terms and Conditions of the Contest.
  1. The Guardian(s) of the Minor Participant(s) shall ensure that the video shot by such Minor Participant(s) for the Contest, is shot under their guidance. The videos shot by Participants should not violate any applicable laws, including, inter alia, infringing rights of another person; or is harmful, harassing, blasphemous, defamatory, obscene, invasive of other’s privacy, libelous, hateful, or racially, ethnically objectionable, disparaging, harms minors in any way or violates any law for the time being in force.
  2. By registering for the Contest and participating in it, the Participant(s) or the Guardian(s) on behalf of the Minor Participant(s), and the School(s) agree to provide certain information (including personal information) to the Organizer, including contact details of the Participant(s) and School coordinators. The Participant(s) or the Guardian(s) of Minor Participant(s) and the School(s) also acknowledge that the Krayon App collects certain personal information. Any and all personal information collected hereunder or otherwise by use of the Krayon App shall be collected, stored, processed and dealt with in accordance to the Privacy Policy of the Krayon App and in adherence to the applicable laws.
  3. Further, the Participant(s), the Guardian(s) of the Minor Participant(s) and the School(s) acknowledge that the Organizer may share the information of the School(s) and the Participant(s) with a third party for the purpose of conducting the Contest or distribution and delivery of the prizes on behalf of the Organizer. The Organizer contractually requires such third party to use such information of the Participants and the Schools for the limited purpose for which such information has been shared with them.
  1. Once the Participant(s) or the Guardian(s) of the Minor Participant(s) and/or the School(s) make the payment of the registration fee, the Organizer shall not be under any obligation to refund the registration fee or any part thereof, for any reason whatsoever.
  2. All registration fees should be paid in the manner provided in the Krayon App. Organizer shall not be liable for any payment made with respect to the Contest to any third party, or in any manner except as provided on the Krayon App.

33.The School(s) and the Participant(s) or the Guardian(s) on behalf of the Minor Participant(s), hereby undertake to hold harmless and indemnify the Organizer and its parents, subsidiaries, affiliates, group companies, partners, Sponsors, licensors, process advisors and evaluators, process partners, its agents, representatives, its employees, officers, and directors, contractors, partners or other persons (“Indemnified Entities”) against any loss, claim, demands, costs, damages, judgments, expenses or liability (including legal costs) arising out of or in connection with any or all claims, that may be brought against the Indemnified Entities by any third party in connection with the Participant’s or School’s participation in the Contest, winning the Contest, prizes won by the Participants or the Schools, the use or misuse of any prize, and/or any third party claims including but not limited to infringement of any third party rights and shall reimburse the Indemnified Entities for any loss, costs, expense, or damage to which said indemnity applies. The School(s), Participant(s) or the Guardian(s) of Minor Participant(s), hereby agree that they shall not file, in person or through any person, any applications, criminal and/or civil proceedings in any courts or any other forum in India against the Organizer and/or the Sponsor(s) to claim any damages or reliefs, or for any other reason.

  1. The Organizer shall not be under any obligation to organize the Contest and shall not have any obligation in relation to the participation by the Participant(s) or the School(s) in the Contest or the rounds thereof, and the Participant(s) or the Guardian(s), in case of the Minor Participant(s) and/or the School(s) shall have no claims whatsoever against the Organizer relating to the selection process, gratification or organization of the Contest.
  2. The Organizer shall not be responsible for any errors or omissions in the Rules or Terms and Conditions contained herein. All information is provided “as is” without warranty of any kind. To the fullest extent permitted by applicable law, the Organizer disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement in respect of the Contest.
  3. The Organizer does not guarantee or promise any popularity or prize to the Participant(s) or the School(s). The Organizer will not be liable for any loss of earnings, employment or otherwise caused to the School(s) or the Participant(s) and arising as a result of their participation in the Contest.
  4. The School(s), the Participant(s), or the Guardian(s) on behalf of the Minor Participant(s) agree to release, discharge, and covenant, not to bring any action of any nature against the Organizer and/or any other agencies or individuals connected with the Contest 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 Participant’s or School’s

involvement in the Contest or the selection process of the Contest.

  1. The Organizer shall not be responsible for any loss suffered by any Participant or School, with respect to the Contest as a result of any problem or technical malfunction of any internet connection, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Organizer on account of technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof.
  2. The Organizer shall not be responsible if any Sponsor does not make good any promise, representation or warranty of the Sponsor.
  3. Any prize in the Contest, being offered by a Sponsor or third party, may impose terms and conditions upon the use or the acceptance of the prize. The School(s), Participant(s) and the Guardian(s) of the Minor Participant(s) are advised to read such terms and conditions prior to the acceptance of the prize.
  4. To the maximum extent permitted by applicable laws, the Organizer shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses. The Organizer shall not be responsible for any losses, claims, damages etc. resulting from
    1. (i)  Participant’s or School’s access to or use of or inability to access or use of the Krayon App;
    2. (ii)  participation or inability to participate in the Contest or any round thereof;
    (iii) any conduct or content of any third party on the Krayon App, including without limitation, any defamatory, offensive or illegal conduct of other Participants or third parties;
    1. (iv)  any user content obtained from the Krayon App; or
    2. (v)  unauthorized access, use or alteration of the Participant’s transmissions.
  5. In no event shall the aggregate liability of the Organizer exceed the greater of INR 1000
  6. These Terms and Conditions shall be governed by the laws of India. All disputes and matters relating to this Contest shall be subject to the exclusive jurisdiction of Courts at Bengaluru, Karnataka.
  7. Any failure on the part of the Organizer to enforce any right or provision of these Terms and Conditions, Terms of Use or the Privacy Policy will not be deemed a waiver of such right or provision. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the Terms and Conditions will remain in full force and effect.

45.The School(s) and the Participant(s) or the Guardian(s), on behalf of the Minor Participant(s), hereby acknowledge and agree that the relationship between the School(s) or Participant(s) and the Organizer is not a confidential, fiduciary, or other special relationship.

46. These Terms and Conditions, read with the Terms of Use and Privacy Policy are the entire and exclusive agreement between the Organizer and the Schools, the Participants or the Guardians of the Minor Participants, regarding the Contest. To the extent of any conflict between the Terms and Conditions and the Terms of Use or Privacy Policy of the Krayon App, these Terms and Conditions shall prevail.