By submitting your photographs (both hard and electronic copy) (“ Entry ”) to this Models of YES contest (“Contest”), you (“Contestant”) confirm that you have read, understood, and agreed to the terms and conditions of the Contest, as mentioned hereinbelow.
1. YES Bank Limited (“Bank”) is organizing a brand re-launch exercise for which a photoshoot of Bank employees has been proposed. Pursuant to the said proposal, Bank employees have been encouraged to participate in the Contest and submit their Entry, basis the terms and conditions, mentioned herein. All Contestants will be shortlisted based on the Entry submitted by the Contestant and other selection parameters, as determined at the sole discretion of the Bank (“Shortlisting Criteria”). All shortlisted Contestants will be selected to participate in the photoshoot for the purpose, as mentioned in Clause 2 hereinbelow.
2. Purpose: The Contest shall be for conducted for the purpose of re-branding of the Bank, customer facing and internal communication of the Bank. All Entries shall be solely and strictly utilized for the Purpose prescribed in this Clause.
3. Permitted Use: Usage of the Entry and Works (as defined below) by the Bank and its authorized representatives, agent, licensees, successors, and assigns (“Authorized Personnel”), shall be in relation to promotional campaigns for the Bank, including but not limited to, utilization in connection with hoarding, labeling, packaging, digital activities, advertising and promotional materials, merchandise, tie-in product or service of any kind in relation to the promotional campaign in any and all form, manner and media, including, but not limited to, the press, internet, television (including cable), satellite television and all digital or print mediums/platforms etc. without any payment of salary, fees, royalty, cost, charges or compensation to the Contestant (“Promotional Campaign”).
For the purpose of these Terms and Conditions, all photographs (both hard and electronic copy) of the Contestant made or taken by the Bank or its Authorized Personnel, along with all alteration, modifications, and reproduction thereof, shall be collectively referred as “Works”.
4. The Contestant hereby grants, assigns, permits and transfers unto the Bank and its Authorized Personnel, the exclusive right to use, modify and reproduce the Entry or Works, including but not limited to Contestant's face, photographs, or image.
5. The Contestant hereby agrees, grants, assigns, and permits the Bank and its Authorized Personnel, the right to publish the Entry and Works through any platform (online or offline) or via any media and/or across any services through any manner, modes or medium whatsoever, which are presently in use, or which may come into existence, from time to time, (“Mediums”), in accordance with the Permitted Use for a period of 5 years from the date of Contest.
6. The Contestant hereby unconditionally, irrevocably and exclusively assigns his/her copyright, including any derivative rights and/or adaptation rights in the Entry and the Works, for the Purpose, to be utilized as per the Permitted Use, as against the whole world, for all or any of the Mediums. The Contestant agrees that there shall be no modification, revocation or waiver of this right, irrespective of whether the Contestant continues to be an employee of the Bank or ceases employment with the Bank, for any reason whatsoever.
7. The Contestant hereby unconditionally affirms and consents that the Bank shall be the sole and exclusive owner of all copyright vesting in the Entry and the Works, and/or any outcome resulting from any alteration, adaptation, amalgamation, reduction, transposition, and or change resulting from the Permitted Use of the Entry and/or the Works for the Purpose, for all of the Mediums, for the whole of the world, from time to time.
8. The Contestant hereby agrees and acknowledges that their participation in the Contest, and the Permitted Use of the Entry and/or the Works, for the Purpose envisaged herein, does not entail or give rise to any right or claim in respect of any consideration, royalty, fees, salary or compensation, pecuniary or otherwise to the Contestant at any time during the validity of, or subsequent to the cessation of the employment with the Bank. The Contestant hereby unconditionally affirms and consents that they shall not attempt to raise any claim, demand or allegations against the Bank or its Authorized Personnel, in any court of law, tribunal or regulatory body, in relation to the same.
9. The Contestant hereby agrees, affirms and acknowledges that, in lieu of the Entry or the Works, the only benefit the Contestant shall obtain is the enjoyment obtained from viewing their Entry and/or the Works, displayed or reflected in the Mediums, in any part of or the whole, subject to the sole and exclusive discretion of the Bank. The Contestant hereby agrees, affirms, and acknowledges that in all matters relating to the Contest, Entry or Works, the decision of the Bank shall be final and binding on the Contestant, in all respects.
10. The Bank reserves the exclusive right to, in its sole discretion, alter, adapt, amend, transpose, reduce, amalgamate and/or change in any way, shape or form, the Entry and /or Works for the Purpose, in accordance with the Permitted Use, for any Medium, for the whole world. To the extent of any such alteration, adaptation, amendment, transposition, reduction, amalgamation and/or change by the Bank, the Contestant shall have no claim, demand, objection or allegations against the Bank or its Authorized Personnel, of any nature whatsoever.
11. The Contestant hereby agrees, affirms and acknowledges that the Contestant shall not enter into any similar arrangement or contest or event and/or permit the usage of the Entry and/or the Works, or provide or agree to provide Works of a similar nature, to any other bank, financial institution or other entity engaged in providing financial services in India or abroad. The Contestant hereby agrees, affirms and acknowledges that this waiver shall remain in force, irrespective of whether the Contestant continues to or ceases to be in employment with the Bank, for any reason whatsoever.
12. The Contestant hereby affirms, represents and warrants to the Bank, that:
- The Entry contains the Contestant’s self-portrait and Contestant has not provided a photograph of another person or falsely stated or misrepresented the Entry with a person or entity.
- Contestant owns or has all necessary licenses, rights, consents, and permissions to use and submit to the Bank, the Entry.
- The Entry is appropriate for public audience (e.g., it is not defamatory, hateful, harassing, derogatory, demeaning, threatening, abusive, pornographic, racially, or religiously biased or otherwise offensive or objectionable).
- The Entry and Works are not infringing or otherwise violating any applicable law, statute, ordinance, or regulation or the rights of any third party, including without limitation any copyright, trademark, publicity rights or other intellectual property or proprietary rights and privacy rights.
13. The Contestant hereby expressly and unconditionally agrees, undertakes and confirms the following:
- The Bank will not return any Entry or Work, which are submitted, produced, created or reproduced as part of the Contest.
- The Contestant shall not have any right, claim, or demand whatsoever, against the Bank or its Authorized Personnel, in relation to the deletion, removal or take down of the Entry or Works, nor shall the Contestant take any steps or attempts to restrain or otherwise prevent the Bank from undertaking any such action.
- The Contestant waives off any moral or other rights available to them to object to any addition, deletion, alteration, adaptation, transposition, reduction, amalgamation and/or change of the Entry and the Works or available to them under the Copyright Act or any other relevant law or statute.
- The Contestant is waiving off any right and/or claim to request the Bank or any other relevant authority, including any statutory or judicial authority, regarding any request to take down, remove or delete any Permitted Use of the Entry and/or the Works, so long as it is for the Purpose, and in accordance with all relevant laws and statutes.
- The copyright in the Entry and the Works and all other rights in the Entry and the Works or copies or reproductions thereof, are the sole property of the Bank and that the Bank may protect the copyright or dispose of or authorize the use of any or all such rights in any manner whatsoever, as it deems appropriate.
- The Bank may disclose the Entry or Works to any third party, including but not limited to judicial, regulatory or administrative body, without any intimation or consent of the Contestant.
- The Contestant agrees to take part in any Promotional Campaign, marketing and advertising campaigns, road shows, displays etc. as requested by the Bank. The Contestant agrees to be filmed, photographed, or otherwise recorded by the Bank or its Authorized Personnel.
- The Contestant agrees and confirms that their name, likeness, voice and statements may be published throughout the world in any media now known or in the future devised in connection with the participation in the Contest, and/or in exercise of advertising, publicity and marketing rights undertaken by the Bank.
14. The Contestant hereby expressly releases, discharges, indemnifies, and holds harmless the Bank and its Authorized Personnel from any and all liability, harm, injury, damage, cost, expense and loss, whether pecuniary or otherwise, arising directly or indirectly from participation in the Contest and/or from a Permitted Use of the Entry and/or the Works, in accordance with the Purpose, in any or all or a combination of any of the Mediums. The Contestant acknowledges and agrees that their liability, in this respect, shall not stand discharged by the cessation of the employment with the Bank. Indemnity is independent of and in addition to (i) any rights of the Bank hereto; and (ii) any modification and amendment of these Terms & Conditions.
15. The Bank reserves the exclusive right to undertake the following, without assigning any reason or providing any intimation to the Contestant or without requiring the consent of the Contestant:
- delete, remove and/or otherwise take down the Entry and/or the Works, at any point in time, from any or all or a combination of any of the Mediums, as present in any part of, or whole of the world.
- modify/amend/reduce/substitute/add or otherwise change any of the Terms & Conditions.
- revoke and/or discontinue the Contest at any time;
16. Gratification to the winners of the Contest will be done through cash/equivalent vouchers that will be redeemable in the territory of Republic of India. Details, terms and conditions for the redemption of the Vouchers would be mentioned in the respective Voucher provided to winners of the Contest. Bank shall not be liable for the quality, merchantability of the products/services purchased through redemption of the Vouchers.
17. Miscellaneous: This Contest is subject to force majeure circumstances i.e., act of god or any circumstances beyond the reasonable control of the Bank. In case of force majeure conditions, no liability in whatsoever manner shall fall upon the Bank. All disputes in relation to the Contest or these Terms & Conditions shall be governed by the laws of India and subject to the exclusive jurisdiction of the competent Courts/tribunals of Mumbai.