Pocket FM

Pocket FM Program Terms and Conditions

Updated in September 2024

Pocket FM Private Limited and Pocket FM Corp. thank you for your interest in participating in the Pocket FM Affiliate Program ("Program").

This Pocket FM Program Terms and Conditions ("Agreement") as may be amended and supplemented, from time to time, shall govern the terms of your participation in the Program. Any additional terms and conditions, policies, guidelines, rules, etc. of Pocket FM referenced hereunder shall be considered as part and parcel of this Agreement. Please read the Agreement carefully before participating in the Program.

If you reside in India, "Pocket FM", "we,", "us," and "our" mean Pocket FM Private Limited, and this Agreement constitutes a binding agreement between you (i.e., the individual/participant/entrant "You" / "your" / "Participant" of the Program) and Pocket FM Private Limited. If you reside outside of India, "Pocket FM", "we,", "us,", and "our" mean Pocket FM Corp., and this Agreement constitutes a binding agreement between "You" and Pocket FM Corp.

'You' / 'Participant' and Pocket FM shall jointly be referred to as the "Parties" and severally as a "Party".

  1. ACCEPTANCE OF THE AGREEMENT
    1. You accept this Agreement and agree to be bound by its terms and conditions by participating in the Program. If You do not agree with any part of this Agreement in any manner, You must not participate in the Program.
    2. You hereby acknowledge that Your use of certain features, functionality or programs (including, without limitation, Programs, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the Program may be subject to additional terms of use, and that Your use of any such features, functionality or other programs deems and constitutes your acceptance of such additional terms of use.
    3. We reserve the right to change the terms of this Agreement and/or any of the terms of the Program, with or without any notice or intimation of such change to You. You are therefore responsible for checking for any updates or changes made to the terms of this Agreement from time to time. Your continued participation in the Program constitutes your acceptance of any changes or updates we make to these terms. If you do not agree to the changes, you are not entitled to participate in the Program and/or you must immediately discontinue your participation in the Program.
  2. ELIGIBILITY
    1. This Program is open to any and all individuals of all age groups. You represent and warrant that You are of the legal age to enter into this Agreement. If You have not attained the legal age, You represent and warrant that You have obtained your parents' or legal guardians' permission to participate in the Program and your parent or legal guardian agrees to comply with the terms of this Agreement on behalf of You.
    2. Pocket FM has the right at any time to require Participants to provide proof of identity as evidence of eligibility to participate and further reserves its right to accept or reject you from participating in the Program for any reason whatsoever. Without prejudice to the foregoing, if a Participant fail to comply with a request for proof of identity, or provides false or misleading information, Pocket FM may at its discretion take appropriate actions, including but not limited to suspend, disqualify and/or terminate the Participant from the Program, or, where appropriate, allocate the Giveaway (defined hereinafter) to another eligible Participant. Such decision will be final and no correspondence will be entered into about a decision regarding eligibility.
  3. PARTICIPATION RULES
    1. In order to participate in the Program, You hereby agree to the following conditions:
      1. You can access and participate in the Program by fulfilling the below mentioned criteria:
        1. Following Pocket FM's Instagram Handle which is @pocketfm.official ("Pocket FM's Instagram Handle");
        2. Liking the Instagram post posted by Pocket FM through its Instagram Handle in relation to or promoting the Program ("Program Post ");
        3. Sharing the Program Post as an Instagram story on your Instagram profile by tagging Pocket FM's Instagram Handle;
        4. Visibly tagging 3 (three) friends who love writing and storytelling on the Program Post.
      2. In addition to fulfilling the criteria as mentioned hereinabove in clause 3.1(i), You shall be required to rewrite the story of Pocket FM's audio series titled "Insta Millionaire" ("Content") with your unique twist to the Content, in English language consisting of a maximum of 150 (One Hundred and Fifty) words ("Story"). The Content can be accessed on the digital platform operating under the brand 'Pocket FM', available on Android and iOS and/or any other dashboard or web-page or mobile platform made available by Pocket FM to you ("Pocket FM Platform"). The Participant's access to the Content and use of the Pocket FM Platform will be subject to the terms and conditions governing the use of the Pocket FM Platform ("Pocket FM Platform Terms"). In the event of a conflict between the Pocket Terms and the terms of this Agreement, the terms of this Agreement shall prevail to the limited extent of resolving such conflict.
      3. You are required to submit your Story by posting such Story in the form of Instagram reels ("Reels") and tag Pocket FM's Instagram Handle using the hashtag #rewritewithpfm ("Hashtag") within the Term for Entry.
      4. You acknowledge and agree that any Reels bearing the Story, Hashtag and tagging of Pocket FM's Instagram Handle, uploaded by Participants post the Term for Entry will be rejected. Pocket FM has no responsibility to inform any Participant that their Story/ Reels is not valid for entry to the Program. Pocket FM also reserves the right to reject the participation of any Participant who has not complied with or are in violation of the terms of this Agreement.
      5. You acknowledge that you can post only one Reel in connection with the Program.
      6. The Reel must be uploaded on your public Instagram account to ensure public visibility and transparency for the purposes of evaluation of the Reel bearing the Story under this Program.
      7. The Story and the Reel must be original, unique and creative, having an element of the Content and should not infringe any third-party rights including without limitation to intellectual property rights, privacy rights, moral rights. Without limiting the foregoing, the Story and/or the Reel shall not consist of any content or materials featuring indecency, profanity, obscenity, offensive, promoting or inciting violence, public disorder, offending public or religious sentiments, and/or demeaning the storyline of the Content and/or depicting Pocket FM in an unfavorable manner or otherwise causing any prejudice to the reputation and goodwill of Pocket FM.
      8. You shall rely on your natural skills and talent to create and develop the Story and shall not engage any artificial intelligence (AI), or any other software tools, both available in the present or near future, for creating, modifying, or enhancing the Story.
      9. Notwithstanding anything stated to the contrary, each Participant must comply with and/or complete the requirements set out under clause 3.1 on or before the 10th of September 2024 in order to participate in the Program ("Term for Entry").
    2. You are not required to make any purchase nor make any payment to participate in the Program.
    3. Pocket FM shall assess the Story, shared by You, based on requirements determined by Pocket FM at its sole discretion. After assessing each Story submitted by each Participant and within a period of 15 days after the expiry of the Term for Entry, Pocket FM shall choose one Story as the winning Story, intimate the Participant who posted such Story that such Participant has been chosen as the winner of the Program ("Winner") and announce the name of the Winner on Instagram via an Instagram Post ("Result Post") by tagging the Winner's Instagram Handle.
    4. The Winner shall receive gift vouchers from Amazon (" Third Party Platform Service Provider"), value of which will be determined by Pocket FM at its sole discretion, but under no circumstances will such value exceed One Hundred United States Dollars (hereinafter referred to as ("Giveaway").
    5. The Story posted by the Winner along with their name shall be featured on Pocket FM's Instagram Handle.
    6. The Winner should provide Pocket FM any or all information as requested by Pocket FM (and in a mode or manner as requested by Pocket FM) in order for Pocket FM to comply with its obligations or exercise its rights under this Agreement and hereby grants Pocket FM any or all necessary consents as may be required by Pocket FM in connection with the foregoing. The Participant acknowledges and agrees that Pocket FM may not be able to provide the Winner with the Giveaway unless the Winner provides any or all information as requested by Pocket FM. Consequently, Pocket FM hereby disclaims any or all liability arising from or under or in connection with its failure to provide the Giveaway to the Winner pursuant to the Winner's breach of this clause 3.6. The Winner further acknowledges and agrees that its use of the Giveaway is subject to the Third Party Platform Service Provider's terms and conditions ("Third Party Terms") and that Pocket FM is in no way responsible in case the Winner is unable to use or derive the full benefit of the Giveaway. The Winner shall indemnify, defend and hold harmless Pocket FM for any breach by the Winner of such Third Party Terms.
    7. You agree and acknowledge that your selection and confirmation as a Winner shall be at the sole discretion of Pocket FM. You further agree and acknowledge that participating in the Program and accepting this Agreement does not guarantee your selection as a Winner.
    8. Pocket FM shall, at its sole discretion, promote the Program, the Result Post on all the channels and platforms owned and operated by Pocket FM, including but not limited to the Pocket FM Platforms, Pocket FM's Instagram Handles and on Pocket FM's social media pages and handles.
    9. If the Participant provides any information that is untrue, inaccurate, not current or incomplete or Pocket FM has reasonable grounds to suspect that the Participant provides is inaccurate, not current or incomplete, Pocket FM has the right to suspend or terminate (without any liability to Pocket FM) the Participant's participation from the Program.
    10. Pocket FM accepts no responsibility for the loss incurred by the Participant in connection with participating in the Program.
    11. The Participant also accepts that Pocket FM expressly reserves the right to disqualify the participation of any Participant that it believes is not in good faith. Notwithstanding the provisions contained in this, Pocket FM, shall be entitled to (without any liability to Pocket FM), to nullify the Program at any time after the Program has started and / or any Giveaways owed to the Participant after it has become due.
    12. The Participant shall be solely responsible for any and all costs incurred by them while participating in the Program and/or recording/ submitting the Reels/ Story.
  4. PARTICIPANT's OBLIGATIONS
    1. The Participant represents and warrants that it has the power and authority to execute, deliver and perform his/her obligations under this Agreement. The execution, delivery and performance of its obligations under this Agreement does not and will not contravene any laws, regulation or order of any authority or other official body or agency or any judgment or decree of any court having jurisdiction over it or conflict with or result in any breach or default under any document binding upon it.
    2. The Participant will not create or submit anything that is unlawful, pornographic, defamatory, libelous, obscene, threatening, harassing, discriminatory, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content.
    3. The Participant will not re-publish, or display, the Story or the Reels on any platform other than as expressly set out under this Agreement.
    4. The Participant will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Program.
    5. The Participant will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed by Pocket FM.
    6. The Participant will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with the Program and the social media pages of the Pocket FM Platform;
    7. Participant shall not defame or use any defamatory language against Pocket FM in any case, on any social media or any platform.
    8. Participant hereby undertakes not to publish, disclose, reveal or make public any statements, remarks, photographs pertaining in any manner to the meetings and discussions or any contents or information pertaining to the Program without the prior written consent of Pocket FM. The Participant agrees and acknowledges that strict compliance to the provisions of this clause and ensuring complete confidentiality of confidential information is of material importance to the interests of Pocket FM, and any breach of this clause shall cause an irreversible loss and damage to Pocket FM, for which the Participant alone shall be liable to compensate
  5. INTELLECTUAL PROPERTY
    1. Pocket FM is, and shall remain the sole and exclusive owner of all right, title, and interest in and to the Program, the Content, any script(s), documents, specifications, data, know-how, methodologies, software, and other materials provided to the Participant by Pocket FM and/or which has been accessed by the Participant through the Pocket FM Platform ("Pocket FM Materials"), including all intellectual property rights therein. The Participant shall have no right or license to use, publish, reproduce, prepare derivative works based upon, distribute, perform, or display any Pocket FM Materials, without prior written approval from Pocket FM, except as may be required by the Participants to perform their obligations under this Agreement. All other rights in and to the Pocket FM Materials are expressly reserved by Pocket FM. The Participant has no right or license to, and shall not, use Pocket FM's trademarks, service marks, trade names, logos, symbols, or brand names, except as may be permitted by Pocket FM in writing (emails permitted), or permitted under this Agreement.
    2. The Participant acknowledges that Pocket FM engages in extensive activities in creating, acquiring and developing literary, artistic and other material, including stories, ideas, themes, plots, titles, screenplays, and concepts, and/or such other material, work and/or ideas that Pocket FM may be receiving from other parties or its employees/affiliates, and/or such other material, work and/or ideas available in the public domain ("Concepts"). Consequently, you acknowledge and agree that Concepts (either in whole or in part) may either be generic or duplicate or resemble elements of the Story and that any examination of the Participant's Story, without a full release of liability, might expose Pocket FM to a claim of plagiarism, or some other claim or threat of litigation. To the maximum extent permitted by law, in the event your Story is similar to the Concepts, you shall not claim any compensation or enforce any right in such Concepts.
  6. DATA PROTECTION
    1. We are committed to protecting your privacy and ensuring the security of your personal information. By participating in the Program, you agree to the processing of your data as outlined in our Privacy Policy - https://www.pocketfm.com/privacy-policy. Without prejudice to the use cases set out in Pocket FM's Privacy Policy, you acknowledge and agree that Pocket FM can use any personal information provided by you pursuant to this Agreement for the purposes of:
      1. Sending you communications in connection with your participation in the Program;
      2. Discharging Pocket FM's obligations under this Agreement;
      3. Exercising the rights granted to Pocket FM by you under this Agreement;
      4. Any other purpose that Pocket FM reasonably determines at its sole discretion to the extent that such purpose is related to or connected to the Program or the terms of this Agreement.
  7. GENERAL
    1. Any attempt by a Participant or any third party to circumvent, tamper, disrupt or damage the Program entry process or to hack into any servers or systems or applications by using any site or application or by colluding to cheat or to hack into Pocket FM's and/or Pocket FM Platforms which are run by Pocket FM; defraud or gain an unfair advantage, engage in unsportsman like, disruptive, annoying, harassing or threatening conduct, or otherwise undermine the fairness, integrity and legitimate operation of the Program, will result in automatic disqualification from the Program and may constitute a violation of criminal and civil laws. Pocket FM reserves all rights, including the right to seek remedies and damages (including attorneys' fees), to the fullest extent of the law, including the possibility of criminal prosecution.
  8. TERM AND TERMINATION
    1. The Agreement is valid from the date of your participation in the Program and shall remain in effect until the completion of the Program or early termination of this Agreement as per the terms herein, whichever is earlier.
    2. Pocket FM may terminate the Agreement for any reason by providing a written notice to the Participant. In the event the Agreement is terminated, the Participant must immediately discontinue its participation from the Program and promptly destroy any or all Pocket FM Materials or confidential information of Pocket FM, which is in the Participant's possession. Notwithstanding the termination of this Agreement, the provisions of this Agreement, the nature of which should reasonably require the survival thereof shall survive the termination of this Agreement.
  9. INDEMNITY
    1. The Participant undertakes to indemnify and keep Pocket FM and its affiliates, associates, employees, successors, assigns, agents etc. at all times fully indemnified from and against all actions, proceedings, liabilities, claims, judgments, recoveries, demands, costs (including legal costs and attorney's expenses) awards, damages and disbursements arising directly or indirectly as a result of: a) any breach by the Participant in relation to the participation in the Program, including breach of any undertakings, warranties or obligations under this Agreement b) acts, omissions and/or negligence of the Participant and/or c) actual or alleged infringement of any applicable laws and/or intellectual property rights by the Participant.
    2. You are participating in the Program at your own risk. In no event will Pocket FM be liable to You for any direct or indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with Your participation in the Program, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Pocket FM have been advised of the possibility of such loss or damage.
    3. Pocket FM shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Program on account of any force majeure factors or otherwise.
    4. If any provision of this Agreement is adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement, or its validity or enforceability, and the unenforceable provision shall be performed to the extent valid and enforceable
    5. This Agreement is non-assignable by the Participant. Pocket FM shall have the right to freely assign this Agreement and/or transfer its rights and obligations herein to any third party.
    6. Without prejudice to the provisions of this Agreement, the Participant agrees that Pocket FM shall be entitled to an injunction, restraining order, right for recovery or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the Participant from committing any violation or enforce the performance of the covenants, obligations and representations contained in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies Pocket FM may have at law or in equity, including without limitation a right for recovery of the amounts due under this Agreement and related costs and a right for damages.
    7. This Agreement is entered into on a principal to principal basis and nothing herein contained shall be construed to create a partnership, agency, joint venture, association of persons or employment, agreement between the Parties hereto.
  10. GOVERNING LAW AND JURISDICTION
    1. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    2. If you reside in India, the terms of this clause 10.2 applies to you: this Agreement and all other policies mentioned herein shall be interpreted and construed in accordance with the laws of India and the Parties hereto submit to the exclusive jurisdiction of the Courts in Bengaluru. It is clarified that no dispute arising under this Agreement shall be referred to any association, guild, or union for settlement.
    3. If you reside outside of India, the terms of this clause 10.3 applies to you: the validity, construction, interpretation and legal effect of this Agreement shall be construed in accordance with and governed by the judicial decisions and internal laws of the State of Delaware and the United States of America, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Delaware and the United States of America. The Parties hereto submit to the exclusive jurisdiction of the Courts in the State of Delaware. It is clarified that no dispute arising under this Agreement shall be referred to any association, guild, or union for settlement.