CONTEST STANDARD TERMS AND CONDITIONS
1 INTRODUCTION
1.1
This Contest Standard Terms and Conditions (“Standard T&C”) shall govern the Contest that is organized by Malaysian Hoya Lens Sdn. Bhd (239593-A) as named in the Basic Terms. The Standard T&C and shall be in addition to the terms as set out in the Basic Terms (the Basic 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 Basic Terms. The Organizer 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 brief mechanism of the Contest is set out in the Basic Terms. The Contestants must adhere to the mechanism of the Contest as may be briefed and communicated to the Contestants by the Organizer
from time to time during the Contest Period.
1.4
The Contest will be organized by the Organizer in the Contest Language as set out in the Basic Terms.
1.5
The Entry Procedure of the Contest is as set out in the Basic Terms.
1.6
The Organizer 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.
1.7
The Organizer may terminate or suspend the Contest at any time at its absolute discretion in which case, the Organizer may elect not to award any prize. Such termination or suspension will not give rise to any claim by the Contestants. If the Contest is resumed by the Organizer, the Contestant shall abide by the Organizer’s decision regarding resumption of the Contest and disposition of the Prizes.
2 CONTEST ENTRY
2.1
The Contest Entry must be complete, accurate and sent to the Organizer vide the Mode and to the address together with such other documents as may be required as set out in the Basic Terms. Entries must be received by the Organizer on or before the Entry Deadline as set out in the Basic Terms.
2.2
Where the Mode of entry is via this MOBILE APP might be subject to a mobile data premium Charges as stipulated in the Basic Terms. This Charges is in addition to the standard fee charged by the Contestant’s telecommunications service provider.
2.3
By submitting the Contest Entry, the Contestant shall be deemed to have read, understood, accept and agree to be bound by the Terms and Conditions of the Contest.
2.4
Submission of the Contest Entry does not guarantee the Contestant the opportunity to participate in the Contest. The Organizer shall be entitled to reject or refuse participation by the Contestants for reasons, including (without limitation) where the Contest Entry is not complete or any provisions in the Terms and Conditions is not fulfilled or adhered to by the Contestant.
2.5
Entries must be received by the Organizer on or before the Entry Deadline as set out in the Basic Terms. Entries received after the stipulated time will be disqualified and ineligible for consideration for prizes.
3 ELIGIBILITY
3.1
The Contestant Eligibility Criteria are as set out in the Basic Terms.
4 INELIGIBILITY
4.1
Persons who are ineligible to participate in the Contest are as set out in the Basic Terms.
4.2
Services & Frames are not entitled.
5 DISQUALIFICATION
5.1
The Organizer reserves the right to disqualify Contestants and/or revoke the Prize (at any stage of the Contest) if:-
5.1.1
The Contestant are ineligible or does not meet any of the Eligibility Criteria; or
5.1.2
The Contestant breaches of the Terms and Conditions or other rules and regulations of the Contest or violated any applicable laws or regulations; or
5.1.3
In the Organizer’s sole determination, it believes that the Contestant has attempted to undermine the operation of the Contest by fraud, cheating or deception.
5.2
Whilst the Organizer will endeavor to conduct necessary verifications on the eligibility of contestants, failure to disqualify any ineligible contestants shall not be deemed a breach by the Organizer.
6 WARRANTIES
6.1
The Contestant represents and warrants with the Organizer that –
6.1.1
The Contestant has met all the eligibility criteria and has the right, authority and power to enter into the Contest in accordance with Terms and Conditions and shall provide such proof as the Organizer requires;
6.1.2
All the statements (if any and if so required) made by the Contestant to the Organizer are true correct accurate and complete.
6.2
In consideration of the Organizer offering to the Contestant the opportunity to participate in a Contest, the Contestant hereby unconditionally and irrevocably;
6.2.1
Agrees that if so required by the Organizer, the winner shall make himself/herself available
6.2.4
Agrees that the Organizer reserves the right, at its sole and absolute discretion, to use and exploit the Intellectual Property via any means or media and in any manner and anytime that it deems fit without first obtaining any consent nor making any payment whatsoever to the Contestant and/or the Contest winner(s) and/or representatives.
6.2.5
Confirms that the Contestant has read and understood Terms and Conditions of the Contest and the Contestant agrees to abide by the said terms and conditions accordingly and agrees to cooperate and to follow all directions given to the Contestant.
6.2.6
Agrees that all 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 Contestants warranties, undertakings and obligations hereunder.
6.2.7
Agrees that the Contestant shall not by act or omission, directly or indirectly bring the Organizer or the Sponsor into disrepute.
6.2.8
Agrees that the Contestant shall not without the prior written consent from the Organizer publish or disclose any information in connection with the Contest or Prize (including without limitation, to any representatives of media in any form whatsoever).
6.2.9
Agrees that the Contestant shall not give any product endorsement, any interviews or be involved in any articles or reports in respect of the Contest or the Prize with any third party.
6.2.10
Agrees that the Contestant’s participation in the Contest and/or Programme does not entitle the Contestant to wages, salary or any other compensation.
7 CASH PRIZE
7.1
The Prizes for the Contest shall be as set out in the Basic Terms.
7.2
The Organizer does not guarantee the availability of cash-Prizes and the Organizer shall be entitled to replace and/or substitute such prize(s) with any other prize(s) of similar value as determined by the Organizer, its agents or sponsors at its sole discretion.
7.3
All prizes are strictly not transferable, assignable exchangeable or redeemable by the Contestant in any other form or manner other than that specified by the Organizer. All specific or special terms and conditions that are attached to the Prize (whether by the Organizer or its agent or sponsor must be adhered to by the Contestant.
7.4
The Contestant is responsible for any and all taxes payable as a result of a Prize being awarded or received (if applicable).
7.5
Where applicable, cash prizes shall be issued to the winners by the end of the contest period in the form of a Direct Bank In to Company bank account. Cash prize winners will be responsible for all related banking charges. Or otherwise, to credit note to company monthly statement.
8 DECISIONS OF THE JUDGES/ORGANISER
8.1
The criteria for the Selection of Winners shall be as set out in the Basic Terms.
8.2
Notification of Winners will via the means as set out in the Basic Terms.
8.3
The Judges/Organizer’s decisions on all matters relating to the Contest (including without limitation, the selection of Contestants, play of the contest and/or any resolutions made) shall be final and absolute and binding on the Contestants. No discussion, correspondence, enquiry, appeal or challenge in respect of any decision of the Organizer will be entertained.
8.4
The Contestant shall not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the Contest Period.
9 PROMOTIONAL ACTIVITES
9.1
The Organizer and/or its affiliates reserve the right to send SMS messages or email notification to the Contestants mobile phone numbers or email address containing information and promotional activities regarding any other promotions.
9.2
If a Contestant does not wish to receive such SMS messages or email the Contestant is required to call and inform the Organizer accordingly.
10 GOVERNING LAW
10.1
The Terms and Conditions of the Contest shall be construed, governed and interpreted in accordance with the laws of Malaysia.
11
11.1
CONFIDENTIALITY
The Contestant shall treat all Terms and Conditions and rules and regulations of the Contest and all information and knowledge obtained by the Contestant in relation to and/or in connection with the Contest and/or Programme and/or derived as a result of his/her participation in the same, including without limitation the Organizer’s business and operational details, the contest mechanics, the judging/selection criteria for the Contest (hereafter collectively known as “Confidential Information”), as confidential and the Contestant shall, during and after the Contest Period, take all reasonable precautions to prevent disclosures of the Confidential Information to unauthorized persons or entities for
any reason whatsoever and undertakes to deliver to the Organizer all tangible materials embodying the Confidential Information including any documentation, records, listings, notes, sketches, drawings, memoranda, models accounts, reference materials, samples and machines readable media and equipment that is in any way related to the Confidential Information including all duplicates and copies thereof.
12 INDEMNITY
12.1
The Contestants forever waive, release and discharge the Organizer, its agencies, sponsors and representatives from and against, any and all liabilities, costs, loss, damages or expenses which the Contestant or any party claiming through the Contestant hereafter may have arising out of acceptance of any Prize(s) or participation in the Contest including (but not limited to) personal injury and damage to property and whether or not direct, consequential or foreseeable.
12.2
The Contestant shall indemnify the Organizer, its affiliates, agent and sponsors from and against all liability, cost, loss or expenses sufferred thereby as a result of the Contestant’s breach of the Contestant’s warranties and undertakings and any breach of the Terms and Conditions and/or the rules and regulations of the Contest.
13 COSTS
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), all transport costs, communication charges, accommodation, meal costs and other related costs incurred by the Contestant as a result of and/or pursuant to his/her participation in the Contest shall be solely borne by the Contestant. The Organizer shall not be under any obligation to reimburse the Contestant for any of such costs and expenses incurred thereof.
14 LIMITATION OF LIABILITY
14.1
The Contestant acknowledges that his/her participation in the Contest shall be at his/her own risks.
14.2
The Organizer will not be responsible or liable for any problem, loss or damage of whatsoever nature suffered by the Contestant or any party 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 Organizer 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 Organizer shall not be responsible or liable for any failure encountered by any Contestant to participate in the Contest or any failure encountered by the Organizer in fulfilling its obligations hereunder.
15 GENERAL
The Organizer, its agents, sponsors and representatives shall not be liable to perform any of their obligations in respect of the Contest and this Terms and Conditions, rules and regulations in respect of the Contest where they are unable to do so as a result of circumstances beyond its control and shall not be liable to compensate the Contestants in any manner whatsoever in such circumstances.