PARTICIPATION CONTRACT

THIS CONTRACT FOR PARTICIPATION IN A CONTEST entered into www.chotastory.com, an unit of Confiance Mobility LLP, a limited liability partnership, having LLPIN AAC8611 and the SECOND PARTY (henceforth referred as “participant”) acknowledging the terms and conditions listed in this document.

NOW THIS CONTRACT WITNESSETH

WHEREAS www.chotastory.com is a portal to provide opportunity to budding storytellers to showcase their stories, both through digital and also print platforms.

WHEREAS www.chotastory.com has made substantial investments in, and has developed a valuable identity for, the unique symbols and exceptional features storytelling in different platforms and shall continue to develop the contest expertise and the business therefrom.

AND WHEREAS the Second Party is interested to submit a story for the platform.

AND WHEREAS both the parties have decided to enter into a contract on the terms and conditions hereinafter mentioned.

Now this contract witnesses:

1. www.chotastory.com retains the unabridged right to appoint the judge or editors. The Second Party or any other participant or any other person shall not have any say in the appointment.


2. The stories that will be showcased shall be decided by Judge/Editor/s appointed by www.chotastory.com.


3. The participant categorically agrees that decision of the judge/editor/s is final in respect of the stories selected for showcase in the portal. The Participant shall unequivocally submit to the decision of the judge/editors. The Participant unambiguously understands and agrees that there is no further scope of appeal or litigation.


4. The Participant understands this an open public platform and the number of participants is not fixed.


5. The Rules, guidelines and limitations of www.chotastory.com are enclosed herewith as Annexure I.


6. The participant shall be chosen on compliance and adherence to the representations made and this agreement, and the continued compliance with all of the regulations of the Program. In such regard, the participant acknowledges that its ability to submit in www.chotastory.com shall be subject to review. www.chotastory.com reserves the right to eliminate any participant without citing any reason and it also reserves the right to introduce any participant at any stage of the process.


7. The Participant declares, affirms, and guarantees, to the best of his knowledge and belief that


1. The material submitted in the contest is fresh and original.
2. The submitted material cannot be in any way called plagiarism or inspiration.
3. The submitted material has not been ever been submitted for another other portal nor has it been published ever earlier, in any way.
4. The submitted material shall never be used for any other portal nor shall it be published without written permission of www.chotastory.com.
5. The participant solely owns the Intellectual Right of the material submitted in www.chotastory.com.
6. The submitted material does not infringe Intellectual Right of any other person/organisation, and,
7. The participant has not authorized any person or organisation or company to use the submitted material, for free or for a consideration, in past, present or future.
8. The participant is not a party to any contract with any person, organisation, firm or corporation in respect of the material submitted in www.chotastory.com, nor has the participant made any commitments for the future regarding the same.
9. The participant does not have any legal obligations that would prevent or limit participation or compliance with the rules, regulations, and conditions of www.chotastory.com.
10. The submitted material does not infringe any law.


8. The Participant shall indemnify and keep indemnified www.chotastory.com of any claim arising out its participation or any claim arising out Intellectual Property Right claims or any claim arising out of the participant’s actions and/or negligence against the letter and spirit of this contract.


9. The participant shall make good any loss incurred.


10. Therefore, by accepting and entering this Contract the Participant represents and agrees that


1. all facts and representations contained in this Contract and its attachments are true and accurate;
2. the Participant agrees to abide by all rules and regulations of described in this Contract and its attachments,
3. the Participant meets each requirement for eligibility set forth in this Contract; and
4. www.chotastory.com shall have the sole discretion to determine whether, in its judgment, the Participant may continue to participate in the event that the Organisation determines that any statement representation by the Participant is not true and accurate or that any action by the contestant is inconsistent with the rules and regulations of the Program.


11. Personal Data: The data provided by the participant is true and accurate.


12. Citizenship: The participant is a bonafide citizen of India.


13. Criminal Record: The participant has not been charged with multiple minor or petty offenses in the last twenty-four months. The participant has never been convicted of any criminal offense and there are no criminal charges presently pending against me.


14. Prior Conduct: The participant has never, knowingly, or unknowingly, performed any act or engaged in any activity or employment that is could be characterizes as dishonest, immoral, lewd or indecent or any such activity that shall bring bad publicity or any activity that shall adversely affect the goodwill and good market standing of www.chotastory.com.


15. The participant is in good mental and physical health, to the best of the participants knowledge, and can participate fully in any, and all activities of www.chotastory.com. Any current medical condition or disability will not impede the participant’s ability to participate and compete in all activities of the submission and fulfill the obligations under this Agreement.


16. The participant will provide www.chotastory.com any required or reasonable or exceptional assistance as required and determined solely by www.chotastory.com.


17. The Participant will not engage in any actions or behavior that could be perceived by the www.chotastory.com as contrary to the program or its elements.


18. The Participant acknowledges that it has been given a sufficient opportunity to review this Application and Contract and its attachments. The Participant also had the due and proper opportunity to consult with an Advocate of own choosing to take legal advice with regard to this Contract.


19. The Participant agrees to participate in the series of events and appearances leading to the events organised by www.chotastory.com on the dates solely determined and scheduled by www.chotastory.com. The Participant do not have say or power in determination of dates.


20. The participation may include public appearances scheduled by including, but not limited to, television and radio broadcasts, personal appearances, interviews, still photo sessions, and video and audio taping or filming of all or any part of the events associated with the competition.


21. www.chotastory.com has the sole right and authority to determine the manner and method of conducting the activities of www.chotastory.com. The participant further understand and agree that the www.chotastory.com also determine the time, method and manner of judging the submission and showcasing it in digital and print media.


22. The participant hereby authorizes www.chotastory.com and anyone duly licensed or authorized by it to (1) publish, televise, photograph, broadcast, online and/or offline, and/or make radio, television, video and audio tapes or motion picture recordings of the submitted material, the Participant, individually or in a group; for commercial benefit to www.chotastory.com or otherwise for publicity (2) use or re-use such photographs, recordings, video tapes, audio tapes and/or motion picture films in all media throughout the world in perpetuity; and (3) use participant’s name, likeness and/or physical depiction for any purpose in perpetuity, in an unedited or edited manner or fashion as the, in its sole discretion. Any use of the participant’s name, likeness and/or physical depiction when identified with the Program, shall be the sole and exclusive property of the www.chotastory.com. The participant understands and agrees that the participant has no claim or right to the submitted material in perpetuity. The participant understands and agrees that this provision refers to and includes all text, image, art, photographs, tapes and films from any activities relating to the competition, including but not limited to interviews, and publicity events, either individually or as a member of a group.


23. The participant understands that if, at any time, any facts concerning the participant’s eligibility to participate should change, including without limitation of the participant’s ability to participate fully in all contestant activities, citizenship, good character and reputation or behavior that is, or could be, perceived as contrary to the objective of www.chotastory.com or its elements, or in contravention of any law or in infringement of someone rights, then www.chotastory.com shall have absolute undeterred right to determine that the participant is not eligible to participate.


24. The Participant understands and agrees that:-
1. This contract is principal to principal.
2. The Participant is not and will not become an employee or agent of www.chotastory.com.


25. The Participant irrevocably appoints www.chotastory.com as the representative and attorney-in-fact with the authority to:
1. act for the participant and in the participants interests throughout the world to publish the submitted material, its communication, its publicity including the making of all press releases or other public statements to the media, both online, off line and/or in print;
2. sign, make, execute and deliver all contracts for the submission made by the participant in performance at theatrical, artistic or commercial engagements or other personal appearances, and undertake commitments for the satisfaction of the participant’s obligations pursuant to those contracts;
3. sign, make, execute and deliver all contracts in the name of the participant in connection with any appearances or other obligations which are related to derive maximum commercial benefit out of the submitted material.
4. determine the appropriate compensation, if any offered, that I shall receive for appearances or other activities.
5. Collect and receive all proceeds, monies or other compensation that is due or to become due to the participant by reason of any performance, service, appearance, engagement or contract with regards to the submission made in www.chotastory.com;


26. www.chotastory.com may also contract for and receive sponsorship fees and other payments in course of publishing and publicity of submitted work. The Participant duly understands and agrees that it shall not be entitled to receive any portion of these fees or payments nor does it have the discretion to refuse any sponsor arrangements.


27. I understand and agree that www.chotastory.com has not made and makes no representations as to amount of compensation or the number or nature of the appearances that the participant may be asked to make or the kind or amount of publicity to be made, and yet the Participant agrees to participate in contract and license to use his creation, as www.chotastory.com shall spend considerable time, energy, effort, expertise and money towards organising, advertisement, public relation/publicity and public attention. Such advertisement, public relation, publicity and public attention will raise the profile of the participant.


28. The participant understands that, prior to the competition and execution of this contract, the www.chotastory.com has entered into various contracts and commitments for smooth and better conduct of contest or contract for publicity, deriving commercial benefit etc as aforesaid. The participant agrees that such contracts will be binding on the Participant to the same extent as if the Participant had itself entered into such contracts.


29. The participant acknowledges and agree that the submissions made are the property of www.chotastory.com. The participant agrees never to use, or to authorize anyone else to use, those or any similar or related phrase, in association with the participant or the participant’s name or likeness in any way without prior written approval.


30. All published work and publicity material including text, image, art, photographs, video tapes, audio tapes, motion picture films, or other recordings or reproductions made including but not limited to press interviews, judges interviews, rehearsals and publicity events, become and remain the property of www.chotastory.com in perpetuity. The participant understands and agrees that the provisions of this section shall specifically survive the termination of this Application and Contract.


31. The participant understands that all award, title etc that the participant may win will be forfeited in the event that the participant breaches this Contract or fail to perform any duties that the participant may have as a Contestant. The participant also understand and agree, however, that such award etc. may be forfeited if the participant has made any misrepresentations as to eligibility to compete.


32. The participant agrees to provide request, with any documents or information necessary to determine any question with regard to the participants initial or continuing eligibility to compete. The participant also agrees to cooperate fully with any inquiry undertaken by www.chotastory.com and to provide sworn statements and any relevant documents if requested.


33. The participant understands and agrees that in any of the following circumstance the eligibility of the participant will be terminated and this contract could be terminated by www.chotastory.com.
1. representation, statement or information made by the participant is determined false
2. there is a change of circumstances that would affect the participant’s eligibility to participate fully in the competition
3. the participant fails to conduct itself in a manner which, in the sole and exclusive judgment of www.chotastory.com and inconsistent with the letter and spirit and/or standards and dignity of the contest.
4. The participant does not abide by the Rules of www.chotastory.com, the guidelines and limitations, as applicable.


34. www.chotastory.com has the sole power and authority to determine the participant’s eligibility to participate or continue to participate in the contest. In that event of ineligibility, all titles, awards, and perquisites shall be terminated and forfeited.


35. The participant understands and agrees that the services and duties described in this Application and Contract are unique and extraordinary and that there is no adequate remedy at law for any breach of this Application and Contract by the participant. Therefore, in the event of any such breach, or in the event of such a breach that is attempted or threatened, the participant agrees that entitled to equitable relief by way of injunction or otherwise to prevent or repair such breach or attempted or threatened breach.


36. The Parties here agree that Kolkata High Court shall have exclusive jurisdiction.

Contract should be declared void or unenforceable, such provision shall be deemed omitted from this Application and Contract. In that event, the remainder of this Application and Contract shall remain in full force and effect.


1. Arbitration of Disputes. Any controversy or claim arising out of or relating to this Application and Contract or any breach thereof shall be submitted to arbitration in Kolkata. Judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

As participant, I understand that I am giving up my right to bring claims in a court of law or resolve any controversy or claim arising out of or relating to this Application or Contract, unless the arbitration process is completed. I also acknowledge to provide all fess of the process.