The Main Terms and the Standard Terms and Conditions (collectively “Terms and Conditions”) shall be binding on all Contestants. In the event of any inconsistency between the Main Terms and the Standard Terms and Conditions, the Main Terms shall prevail to the extent of such inconsistency.
B. STANDARD TERMS AND CONDITIONS
1.1 This Standard Terms and Conditions (“Standard T&C”) shall govern this Contest. The Standard T&C and shall be in addition to the terms as set out in the Main (the Main Terms and the Standard T&C shall collectively be referred to as “Terms and Conditions”).
1.2 The Contest will be held during the Contest Period as set out in the Main Terms. The Organiser reserves the right to vary, postpone or re-schedule the dates of the Contest or extend the Contest Period at its sole discretion.
1.3 The Mechanics and the Entry Procedure of the Contest is set out in the Main Terms.
1.4 The Organiser reserves the right to at any time, change, amend, delete or add to the Terms and Conditions and other rules and regulations including the mechanism of the Contest at its absolute discretion.
1.5 The Organiser may terminate or suspend the Contest at any time at its absolute discretion in which case, the Organiser may elect not to award any prize. Such termination or suspension will not give rise to any claim by a Contestant. If the Contest is resumed by the Organiser, the Contestant shall abide by the Organiser’s decision regarding resumption of the Contest and disposition of the Prize(s).
2 CONTEST ENTRY
2.1 The Contest Entry must be complete, accurate and sent to the Organiser together with such other documents as may be required as set out in the Main Terms.
2.2 By submitting the Contest Entry, the Contestant shall be deemed to have read, understood, accepted and agree to be bound by the Terms and Conditions of the Contest.
2.3 Submission of the Contest Entry does not guarantee the Contestant the opportunity to participate in the Contest. The Organiser shall be entitled to reject or refuse participation by a Contestant if the Contest Entry is not complete or any provision in the Terms and Conditions is not fulfilled or adhered to by the Contestant.
2.4 Entries must be received by the Organiser on or before the Entry Deadline as set out in the Main Terms. Entries received after the deadline will be disqualified and ineligible for consideration for prizes.
3.1 The Contestant Eligibility Criteria is set out in the Main Terms.
3.2 Contestants may be required to submit further proof of their eligibility within such timeframe as may be required by the Organiser failing which the Organiser shall be entitled to disqualify the Contestant.
3.3 Employees of the Organiser, its subsidiaries and affiliates, sponsors, agencies, dealers, retailers, or any company associated with the Contest and their immediate family members of such persons are not entitled to enter this Contest.
4.1 The Organiser reserves the right to disqualify a Contestant and/or revoke the Prize (at any stage of the Contest) if:-
4.1.1 The Contestant does has not met the Eligibility Criteria; or
4.1.2 The Contestant breaches of the Terms and Condition or any other rules and regulations of the Contest or violated any applicable laws.
4.2 In the event of a disqualification after a Prize has been awarded, the Organiser reserves the right to demand for the return of the Prize or payment of its value from the disqualified Contestant.
5.1 The Contestant represents and warrants to the Organiser that -
5.1.1 the Contestant has the right, authority and power to enter into the Contest in accordance with Terms and Conditions and shall provide such proof as the Organiser requires;
5.1.2 all statements made by the Contestant to the Organiser are true, accurate and complete.
6 RIGHTS and CONSENTS
6.1 In consideration of the Organiser offering to the Contestant the opportunity to participate in a Contest, the Contestant hereby unconditionally and irrevocably;
6.1.1 agrees that where the Contestant has been required to submit any photographs, drawings, pictures, slogans, any materials or other creative works, including voice or video recordings (collectively “Contestant Submissions”) with the Contest Entry, the Contestant warrants that the Contestant Submission is original and does not infringe any law or any right of any party
6.1.2 grants to the Organiser and its agents the sole and exclusive right to use the Contestant Submission in any manner or media worldwide and in perpetuity
6.1.3 grants to the Organiser the right to record performances of the Contestant and the right to photograph the Contestant and use of the same in any media or manner for the purpose of publicizing and promoting the Contest, and the Channel
6.1.4 grants to the Organiser the right to use the Contestant’s Details for the purposes of the promoting, marketing and publicizing the Contest and/or the Channel
6.1.5 agrees that, if the Contestant is selected as a winner of the Contest, the Contestant shall make himself/herself available (without compensation) for the production, recording and promotion of the Contest at such time and place as may be notified by the Organiser
6.2 The Contestant agrees that the Contestant’s participation in the Contest does not entitle the Contestant to any wages, salary or any other form of compensation.
7.1 The Prize(s) for the Contest are set out in the Main Terms.
7.2 Unless otherwise provided herein, the Contestant shall be solely responsible for any applicable fees, service charges, surcharges or passenger facility charges, and all insurance, and taxes, if any, and any other unspecified expenses associated with acceptance or use of any Prize
7.3 Prizes to be awarded in the Contest is contingent upon the accuracy of the information provided and disclosures made by the Contestant and the full and complete performance of the Contestant of the Contestant’s warranties, undertakings and obligations hereunder
7.4 The winners’ names will be notified or announced by the Organiser by such mode and in such manner as set out in the Main Terms.
7.5 Any failure to claim a Prize shall result in such Prize being forfeited by the Organiser and the Organiser, its agents, sponsors and representatives shall have no further liability to the Contestant in any respect whatsoever.
7.6 Where the Prize awarded is not a cash prize, the Contestant shall not be entitled to redeem the same for cash or other alternatives.
7.7 The Organiser does not guarantee the availability of any Prize, and the Organiser shall be entitled to replace or substitute such Prize with any other prize of similar value as determined by the Organiser, in its sole discretion.
7.8 All Prizes are strictly not transferable, assignable, or exchangeable unless otherwise specified in the Main Terms. All specific or special terms and conditions that are attached to the Prize (whether by the Organiser or its agent or sponsor) must be adhered to by the Contestant.
7.9 If a Contestant declines to accept a Prize for any reason, that Prize shall be forfeited and the Organiser shall have no further liability to the Contestant.
8 DECISIONS OF THE JUDGES/ORGANISER
8.1 The Judging Criteria is set out in the Main Terms.
8.2 Notification of Winners will via the means set out in the Main Terms.
8.3 The Judges and/or the Organiser’s decision on all matters relating to the Contest shall be final and binding on the Contestant. No discussion, correspondence, enquiry, appeal or challenge in respect of any such decision will be entertained.
9 PROMOTIONAL ACTIVITES
9.1 The Organiser and its agents reserve the right to send SMS messages, email notifications or other communications to the Contestant containing information and promotional activities regarding any other promotions of the Organiser.
10 GOVERNING LAW
10.1 This Contest shall be governed by and interpreted in accordance with the laws of Malaysia
11.1 The Contestant forever waives, releases and discharges the Organizer, its agents, sponsors, representatives, affiliates and assigns from and against, any and all liabilities, costs, loss, damages or expenses which the Contestant, or any party claiming through the Contestant, may have incurred or suffered as a result of the Contestant’s participation in the Contest.
11.2 The Contestant shall indemnify the Organizer, its agents, sponsors, representatives, affiliates and assigns from and against all liability, cost, loss or expenses incurred or sufferred as a result of the Contestant’s breach of the Terms and Conditions and/or the rules and regulations of the Contest.
12.1 All costs incurred by the Contestant in relation to and/or with respect to the Contest including without limitation postal charges or Internet Service Provider (ISP) charges (if applicable), transport costs, communication charges, accommodation, meal costs and any other related costs incurred by the Contestant as a result of the Contestant’s participation in the Contest shall be borne solely by the Contestant unless otherwise specified in the Main Terms. The Organiser shall not be liable to reimburse the Contestant for any of such costs incurred.
13 LIMITATION OF LIABILITY
13.1 The Contestant agrees that the Organizer, its agents, sponsors, representatives, affiliates and assigns shall not be liable to the Contestant for any loss, damages, costs, expenses, claims, or liabilities suffered by the Contestant arising out of or in connection with the participation by the Contestant in the Contest.
13.2 The Contestant agrees that the Organiser, its agents, sponsors, representatives, affiliates and assigns shall not be responsible or liable to the Contestant for
13.2.1 any problem, loss or damage of any nature suffered by the Contestant due to any delay and/or failure in receiving and sending a Contest Entry as a result of any network, communication, ISP or system error, interruption and/or failure experienced by the Organiser or the Contestant’s telecommunication service provider and/or resulting from participation or the downloading of any materials in the Contest. In the event of such error, interruption and/or failure, the Organiser shall not be responsible or liable for any failure encountered by any Contestant in attempting to participate in the Contest or for any failure by the Organiser in fulfilling its obligations hereunder.
13.2.2 any error (including error in notification of Contest winners), omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorized access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside the Organiser’s reasonable control.
14.1 All rights privileges and consents granted to the Organiser by the Contestant are irrevocable and not subjected to rescission, restraint or injunction. The Contestant understands agrees and waives any right that the Contestant may have to injunctive relief or to restrain or otherwise interfere with the organization of the Contest.
14.2 The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of the Terms and Conditions.