
Pulsar N125
PART 1
This "Chala Apni – Create your own Pulsar Ad" Activation (hereinafter referred to as "Campaign") of Bajaj Auto Limited having its registered office at Mumbai Pune Road, Akurdi, Pune 411035, India (Bajaj) is to enable a unique experience of creating a version of Pulsar Chala Apni ad with the user as the hero. The Campaign will utilize face swap artificial intelligence technology ("AI Tool") to generate a version of the ad film wherein the face of the actors will be replaced by that of the user.
Your participation in this Campaign is contingent upon Your acceptance of the terms and conditions outlined herein Part 1 and Part 2 ("T&Cs"). Please read and understand these T&Cs before participating in the Campaign.
For the purposes of these T&Cs, wherever the context requires, "You" or "Your" refers to any natural person who is qualified to participate in the Campaign and "We', 'Us" and 'Our' refer to Bajaj as applicable to the context.
Participation in this Campaign is voluntary and at Your sole discretion. By choosing to participate, You agree to be bound by these T&Cs and acknowledge that you meet all the eligibility requirements outlined herein after.
To participate in the Campaign, You will have to interact with Bajaj Pulsar chat bot in WhatsApp and respond to a questionnaire ("Inputs") . Accordingly, a video of one of the situations from the “Chala Apni” film will be generated with your image create the personalised ad ("Output"). The AI Tool will generate the Output i.e. personalised Chala Apni ad basis the Inputs/choices You would have made.
Your Participation in the Campaign involves providing inputs for the creation and approval of a personalised video with Your face, which You can share virtually. Since a contest is also involved, You can choose to share the generated personalised video of Yours across social media, however the Generation and use of the Output shall be strictly restricted to domestic or personal purposes and cannot be used for any other purposes including but not limited to commercial or unlawful purposes unless explicitly permitted by Us. Moreover, the videos generated by You will be sole responsibility of Yours, and We or Ours partners are not liable for it in any ways.
Participation in this Campaign does not entitle You or the person for whom You generate the Output, any rights to the intellectual property of the Output generated. You waive, any right of ownership or claim on the Output created basis Your input(s).
1. ELIGIBILITY:
1.1. To participate in the campaign, You must meet the following eligibility criteria:
a) You must be legally competent to enter into binding contract under the applicable laws of India or the country from which you are participating.
1.2. Individual who meets all of the abovementioned eligibility criteria and participates in the Campaign shall individually be referred to as "Participant" and collectively referred to as "Participants" for the purpose of these T&Cs.
1.3. The Campaign is subject to all applicable central, State and local laws and regulations of India and those of the respective countries. The Campaign may at any time at Bajaj's sole discretion be terminated/ cancelled/amended/suspended for any reasons without providing any prior notice to the Participants. No claims/questions shall be entertained in this regard.
1.4. We reserve the right to exclude or disqualify any person from the Campaign on grounds of:
a) misconduct or criminal record or acted or have the intention to act in a dishonest or fraudulent manner or in bad faith;
b) tampering with the entry process or the operation of the Campaign;
c) acting in violation of these T&Cs.
d) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass others;
e) being offensive, distasteful, unacceptable or disparaging;
f) for any other reasons, as it may deem fit and proper.
2. DETAILS OF THE CAMPAIGN AND HOW TO ENTER:
For details of the Campaign and how to enter, refer to Part 2 of these T&Cs.
3. ADDITIONAL TERMS
3.1.Through the Campaign, We only intends to provide an opportunity to enable any interested Party to create a personalised Pulsar ad. You acknowledge that Your participation in the Campaign is solely for Your personal or domestic purposes and You are solely responsible to the person for whom the Output is generated basis Your Inputs, uploading of photos and approval of the Output. We shall not be responsible in any manner to the person for whom the Output is generated or its display/exhibit. By participating in the Campaign, the You hereby releases Us from and agrees to indemnify Bajaj and any of its respective officers/employees/directors/representatives/agents from and against all or any liability, damages, cost, loss or expense arising out of Your participation in the Campaign including (but not limited to) any violation of intellectual property rights of Bajaj Auto Limited and/or of any third party or any claim or challenge raised by the person for whom You have generated the Output or violation of any law and whether direct, indirect, consequential, foreseeable, due to any negligent act or omission, or otherwise.
3.2. We will not be responsible for:
a. any SPAM generated messages;
b. any SMS/WhatsApp/other messaging service message delivery failures;
c. lost, misdirected, late, incomplete, or unintelligible or for inaccurate Inputs, whether caused by You or by any of the equipment or programming associated with or utilized in the Campaign, or by any technical or human error that may occur in the processing of Inputs;
d. any printing or typographical errors in any materials associated with the Campaign;
e. any error in the operation or transmission, theft, destruction, loss, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the internet or at any website or platforms;
f. injury or damage to Your or any other computer or mobile resulting from downloading any materials in connection with the Campaign;
g. if the Participants do not have mobile phones or other gadgets or means that support the Campaign link/technical requirements;
h. if the Participant has registered himself/herself to the DND of the telecom provider/ the Participant has registered with National Do Not Call Registry/ Participant has specifically requested for not receiving messages for the specific campaign/contests;
i. conditions beyond Our control or any Force Majeure Event.
3.3. Any attempt to deliberately damage the chat bot of the Campaign or the information on the bot, to cause malicious damage or interference with the normal functioning of the bot, or to otherwise undermine the legitimate operation of this Campaign may be a violation of criminal and civil laws. If We incur any costs in connection with any breach of these T&Cs by You or any other legal obligation by You, You agree to indemnify Us for those losses, damages, and costs.
3.4. we shall will not be responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to Participant's or any other person's mobile handset or computer related to, or resulting from, participation in this Campaign or the downloading of any materials related to this Campaign.
3.5. We and/or Our respective affiliates, and their officers, directors, employees accept no liability and shall not be responsible and/or liable in any manner whatsoever in case the Participant is unable to participate for any reasons whatsoever including due to failure on the part of the telecom operator, facility provider, internet issues, device compatibility, capacity constraints. etc.
4. MISCELLANEOUS:
4.1. This Campaign is conducted purely on a "best effort" basis and participation is at Your sole discretion and on a voluntary basis.
4.2. In the event of any directions of the Government intended for the Participants, You shall ensure due compliance to the same and We shall not be held liable for any non-compliance in that regard.
4.3. You agree that all decisions made by Us regarding the Campaign are final and binding on You. Failure by Us to enforce any of these T&Cs in any instance shall not be deemed to be a waiver of the T&Cs and shall not give rise to any claim by any person.
4.4. We shall not be liable for any costs incurred by You in connection with Your participation in the Campaign. Announcements and information about the Campaign shall be posted on social media and/or the same page where these T&Cs are posted.
4.5. Any disputes, complaints, queries pertaining to this Campaign to be directed to Us. You can reach out to Us at +91 7219821111 or customerservice@bajajauto.co.in.
4.6. If You are dissatisfied with the Campaign or any aspect of the Campaign including the Campaign rules, any content, any requirements of the Campaign form, the materials available related thereto, these T&Cs, etc., Your sole and exclusive remedy is to refrain from participating in the Campaign.
4.7. We accept no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected Inputs, loss of SMS, loss of internet connectivity, unique codes, documents, demand drafts, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. We shall not be liable for any consequences of user error including (without limitation) costs incurred.
5. INTELLECTUAL PROPERTY RIGHTS:
Neither You nor the person for whom You have generated the Output shall have any intellectual property rights in the Output created in the Campaign. You hereby waive, any right of ownership or claim on the Output created basis Your Inputs(s). Subject to applicable laws, You hereby grant Us, a perpetual, non-cancellable, sub-licensable, worldwide license to use any intellectual property rights including but not limited to any artistic work, photos, videos, copies, copyrights arising out of the Output to the extent necessary for the Campaign or related purposes. You permit that We may use the Output in any medium in any manner it deems fit for purposes related to the Campaign.
6. PERSONAL INFORMATION AND PRIVACY POLICY:
6.1. When You participate in the Campaign, We may collect, receive, possess, use, store, handle, transfer, process and otherwise deal with personal information which is provided by You. This information may vary but will typically include information like first and last name, gender, contact number, photo containing Your face and details therein, etc. By participating in the Campaign and/ or by providing information, You consent to the collection, receiving, possession, use, storage, dealing, processing, sharing and handling of the information including personal information You disclose to Us.
6.2. Please also visit the Privacy Notice of Bajaj posted in the Campaign Home Page where these T&Cs are posted, to understand and acknowledge, what We do with Your information including Your personal data. Please note that Your acceptance of these terms and conditions and Your participating in the Campaign and/ or providing the information is deemed to signify Your agreement to the Privacy Notice as well and the necessary consent to what could be done with the information including personal data You provide as described in the Privacy Notice. Please also visit the privacy notice available on the website of the Campaign [] to understand the nuances of data collection, sharing and processing.
6.3. You hereby authorize Us and/or Campaign Partner to use the personal data shared in connection with the Campaign. It is important to remember that whatever You transmit or disclose can be collected and used by others or unlawfully intercepted by third parties. No data transmission can be guaranteed to be 100% secure. While We strive to use commercially reasonable means to protect Your information, We cannot warrant the security of any informati[on You transmit to Us.
6.4. Your personal information may be retained and may continue to be used until: (i) the relevant purposes for the use of Your information described in this clause are no longer applicable; and (ii) We and/or Our Campaign Partners are no longer required by applicable law, regulations, contractual obligations or legitimate business purposes to retain Your personal information and the retention of Your personal information is not required for the establishment, exercise or defence of any legal claim.
7. FORCE MAJEURE:
This Campaign is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, legal restrictions, lockdowns or related restrictions, act of God or any circumstance beyond the reasonable control of Bajaj ("Force Majeure Event"). We shall not be liable for any delay or adverse effect caused to the Participants in the Campaign as a result of a Force Majeure Event.
8. GOVERNING LAW AND JURISDICTION:
8.1. The courts at Pune, Maharashtra shall have the exclusive jurisdiction to deal with any dispute arising out of, or in connection with the Campaign.
8.2. All issues and questions concerning the Campaign, it shall be governed and construed in accordance with the laws of the Republic of India.
9. PUBLICITY:
By participating in the Campaign, You give Us the permission to use Your name, likeness, images, videos, voice, appearance and the like as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like ("Publicity Material"), provided or taken or made in relation to the Campaign and any promotions, events, or Campaigns to follow. You agree that We have complete ownership of Publicity Material, including the copyright therein, and may use them for any purpose. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the internet. You acknowledge that You will not receive any compensation for the use of the Publicity Material nor You shall be entitled to take any legal recourse against Us in this regard. Further, You hereby release Us and Our agents and assigns from any and all claims which arise out of or are in any way connected with such use.
10. LIABILITY RELEASE:
10.1. By participating in the Campaign, You will be legally bound hereby, to release from liability, and hold harmless, Bajaj and any of its / their respective affiliates, employees, directors, representatives and agents for any matters and for any and all liability in relation to this Campaign.
10.2. By participating in this Campaign, You agree to indemnify Us and any of Our respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of participation in the Campaign including (but not limited to) personal injury and damage to property or any claims raised by any person and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise. You undertake that all the liability and responsibility for any photograph uploaded for the personalized Output would be solely with You. We and any of Our respective affiliates, employees, directors, representatives and agents would have no liability whatsoever including any third-party claims on such photographs shared by You. You are hereby informed that We will not store or collect the photographs uploaded by You and will delete the photographs on real-time basis once Output is generated and shared with You.
PART 2
DETAILS OF THE CAMPAIGN AND HOW TO ENTER
The terms and conditions under Part 2 shall be in addition to the terms and conditions contained in Part 1 of the T&Cs.
1. Campaign Period:
The Campaign duration is solely the prerogative of Us and We can extend or shut down the campaign without prior notice ("Campaign Period"). The start and end date of the campaign will be communicated beforehand for You to participate. We reserve the right to cancel/modify/extend the Campaign Period or the T&Cs applicable to this Campaign without giving any prior notice to You. No claims/questions shall be entertained in this regard.
2. How to Participate
2.1. To participate in the Campaign, You will have to come to interact with “Bajaj Pulsar” chat bot, the link to which can be accessed using Pulsar social handles and respond to the prompts therein. The AI Tool will generate videos using the images uploaded by You. The AI uses fine tuned LLM to replace the faces in the respective video basis Your inputs. This being a Campaign intended to celebrate the Pulsar community, the output generated can be shared across social platforms. This can be done after the output is shared with you. The output generated can also be shared with Pulsar social handles to enter a contest to identify the best “Chala Apni” story.
2.2. You acknowledge that Your Inputs should not be offensive, abusive, obscene, political, religious, derogatory, or inducing hatred, violence or disparaging in any manner. Your Inputs should adhere to ethical & moral standards. Your Inputs should also not contain the intellectual property of any third party. You agree that You will not be generating the Output in violation of any right or consent of the person for whom the Output is being generated.
3. Roles & Responsibility of Parties Involved:
3.1. Inputs provided by You for generation of Output shall not be false, obscene, disparaging, derogatory or harmful or hurtful. You undertake that You are generating the Output with a bonafide intent to generate a personalised ad of You and to enter into the contest to inspire the community. You undertake that all the liability and responsibility for the Input and Output would be solely with You. Bajaj and any of its / their respective affiliates, employees, directors, representatives and agents would have no liability whatsoever on such Inputs shared by You.
3.2. In the event any photograph is chosen to be uploaded by You at Your sole discretion to enhance the personalization of the Output for the person for whom You are generating the Output, You acknowledge that the photograph of the person for whom Output is being generated is being used with a bonafide intent to create a unique customized and personalized Chala Apni ad. No photograph should be obscene, derogatory, disparaging or violative of any law or infringing of any IP in any manner. The best interests of the person for whom the Output is generated should always be ensured by You in the process of generating the Output and its use thereafter. You undertake that all the liability and responsibility for any photograph uploaded for the personalized Output would be solely with You. We and any of Our respective affiliates, employees, directors, representatives and agents would have no liability whatsoever including any third-party claims on such photographs shared by You. As this Campaign is solely with the bonafide intent to create a personalised Pulsar Chala Apni ad, You are hereby informed that We will not store or collect the photographs of the person for whom You are generating the Output and will delete or the photographs of the person for whom You are generating the Output on real-time basis once Output is generated and shared with You.
3.3. The Output shared basis the Inputs and choices made by You shall only be used by You for domestic and personal purposes and not for any wrongful or other purposes than domestic/personal purposes.
3.4. You further acknowledge that face swap artificial technology which is applied for Output can get things wrong, suffer from bugs, and provide factually incorrect or distorted Outputs ("Hallucinations"). Hallucinations can appear convincing and may be hard to detect. As the Output are generated through AI Tool basis the Inputs provided by You, You shall confirm that the Output generated is appropriate and in accordance with Your Inputs. We shall not be responsible for Hallucinations or incorrect Output.
3.5. You hereby release Us from and agrees to indemnify Us and any of Our respective officers/employees/directors/representatives/agents from and against all liability, cost, loss or expense arising out of any claims or challenges on the Inputs, photograph/images upload by You and/or Output including any claim or challenge from any third party including the person for whom You have generated the Output.
3.6. We are not accountable for the AI Tool. You should not share any confidential or sensitive data as Inputs. We shall not be liable for processing and use of the Inputs/Output or data shared by You by the AI Tool. By Your Participation in this Campaign, You are agreeing to release Us from any liability for collection, storage and use of Input and Output by such AI Tool.
4. The campaign is intended to be run purely on a "best effort" basis and is subject to applicable law.
5. Your Participation in the Campaign shall be limited to extent of sharing Inputs for creation of the Output i.e. personalised Pulsar Chala Apni ad, and the sharing of output for participating in the contest. You can download and share the Output with friends and family for domestic/personal purposes.
6. Participation in this Campaign does not entitle the Participant, any rights in the intellectual property of the personalised Pulsar Chala Apni ad during the Campaign. You waive, any right of ownership or claim on the Output created basis Your Inputs(s).