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Digi’s 20th Anniversary Prepaid Reload and Win Contest
Terms & Conditions
The promotion named “Digi’s 20th Anniversary Prepaid Reload and Win
Contest” (hereinafter referred to as the “Promotion” and/or “Contest” of which
such terms shall bear the same meaning and may be used interchangeably) is
herein organised by Digi Telecommunications Sdn. Bhd. (201283-M) (hereinafter
referred to as "Digi” and/or “Organiser" which such terms shall bear the same
meaning and may be used interchangeably) and is governed by these terms and
conditions and any subsequent or existing accompanying terms and conditions
as stipulated on the Organisers’ websites currently in place or as updated from
time to time, as applicable to this Promotion (collectively referred to as the
“Terms and Conditions”). Such Terms and Conditions shall apply mutatis
mutandis herein.
1.
The Promotion/Contest Duration
The Promotion commences at 12.00 a.m. on 1 May 2015 and runs until
11.59pm on 31 May 2015 (“Promotion/Contest Period”). Entries
received after the Promotion Period will automatically be disqualified.
2.
The Promotion Eligibility
2.0.1 For all Digi prepaid registered subscribers of all prepaid call plans;
2.0.2 Malaysian citizens, Malaysian permanent residents and foreigners
residing in Malaysia are allowed;
2.0.3 Digi prepaid customers aged 18 years old and above at the time of
the Contest;
2.0.4 The prepaid subscribers must maintain an “Active” status for their
prepaid lines when the potential winners cell number (herein
referred to as “MSISDN” is drawn from the list of eligible
candidates for the follow-up call required under this Contest.
(collectively referred to as the “Eligible Participant(s)”).
2.1
All Digi prepaid subscribers residing in Malaysia are eligible to participate
in the Promotion except the following:
a)
b)
permanent, contract and temporary employees of Digi and their
immediate family members; and
employees of Digi’s partners, advertising, promotion agencies and
any other persons involved in organizing, promoting and/or
conducting this Promotion together with their immediate family
members;
(collectively referred to as the “Non-eligible Participant(s)”).
For purposes of this Contest, ‘immediate family members’ refers to any
of the following: spouse, ex-spouse, de-facto spouse, child or step-child
(whether natural or by adoption), parent, step-parent, grandparent, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother
and step-sister.
2.2
Each Eligible Participant agrees that he/she has read and understood the
Terms and Conditions of this Promotion and by his or her participation in
the Promotion :a)
b)
agrees to be bound by the Terms and Condition
if the Eligible Participant is below 18 years of age, which is also
the age of Majority in Malaysia pursuant to the ‘Age of Majority
Act 1971’. He or she must confirm whether verbally or in writing,
with or without any physical documentary proof that he/she has
obtained prior consent from his or her respective parents or legal
guardian to participate in the Promotion. Digi will not be liable
under any circumstance to hold the burden of proving any such
confirmation and any such onus of proof will be on the Eligible
Participant to depose it as true.
3.
Promotion Mechanics
3.1
In order to participate and be a qualified winner for the eligible prizes
under this promotion,
3.1.1 The Eligible Participant is required to reload a minimum of Ringgit
Malaysia Ten (RM10) at all available reload channels in a single
transaction.
Every successful reload transaction of RM10 and or any higher
denomination is deemed a successful entry for election to the
next stage of the contest which requires a verbally correct answer
by the Eligible Participant before being determined as a successful
winner for the list of prizes awarded under this Contest.
3.1.2 The potential winners will be contacted within the month of May
or June 2015 via two (2) attempts from the prepaid reload
transaction date by a duly assigned Digi customer service officer
or any of Digi’s nominated and appointed broadcasting organisers
for this Contest.
3.1.3 The identification of potential winners will be verified in
accordance to the information as registered in Digi’s internal
system of prepaid users. Once verified, the potential winners
would then be required to answer one (1) trivia question before
proceeding to be elected as a successful winner of the list of
eligible prizes for this Contest subject to consequence criteria as
laid out under Clauses 3.1.3.1 and 3.1.3.2 below of these Terms
and Conditions.
3.1.3.1 If trivia question is answered correctly, then the potential
winner will be declared as confirmed winners (hereinafter
referred to as the “Daily/Weekly Contest Winner”) and
the eligible daily and or weekly prizes will be delivered to
them accordingly. A confirmation Short Message
Service (hereinafter referred to as “SMS”) will be sent to
the Daily/Weekly Contest Winner as notification of his/her
entitlement.
3.1.3.2 If the trivia question is not answered correctly after (two)
2 fail attempts to answer, the potential winner will be
removed and the next eligible potential winner in
sequence (i.e. next eligible or available MSISDN number on
the referred list after the present MSISDN failed attempt).
For each prize give away, where in the event there occurs
a continued failure for the trivia question being answered.
Digi will continue to elect the next available MSISDN only
until the fifth (5th) eligible MSISDN entrant elected from
the same list. Where no correct answer can be obtained
after the fifth (5th) eligible entrant, the particular prize to
be given away will either be forfeited by Digi or be used as
a subsequent daily/weekly prize as long as this Promotion
Period has not yet expired. Any unsuccessful participant(s)
will be sent a notification SMS of his/her unsuccessful
attempt in answering the trivia question posed for this
Contest.
3.1.3.3 Digi does not discriminate on the basis of gender, race,
religion, political affiliations, whether physically
handicapped or otherwise. In the event the election of a
potential Eligible Candidate is mute and may not verbally
answer the questions posed on their own, a legal
guardian/representative may assist the Eligible Participant
in reply to the questions posed. Only correct answers will
be deemed a fully successful entrant for purposes of
receiving the prizes under this Contest.
3.1.4 For Daily Prizes to be awarded, twenty (20) potential winners will
be selected from Digi’s prepaid reload system, based on every
two thousandth (2,000th) eligible transaction in a day. For
purposes of this Contest, the term “Day”/”day” used, means a
period of twenty-four (24) hours as a unit of time, from 12.00 a.m.
from the start of a particular day until 11.59 p.m. of the same day.
3.1.5 For Weekly Prizes to be awarded, two hundred (200) potential
winners will be selected from Digi’s prepaid reload system, based
on every twentieth thousandth (20,000th) transaction in a day for
a week. The definition of “Week”/”week” used, is further
stipulated in clause 3.1.7 below.
3.1.6 For the Grand Prizes to be awarded under this Contest, eight (8)
potential winners will be selected based on every two hundred
thousandth (200,000th) transaction and/or two millionth
(2,000,000th) transaction per week respectively during the
Promotion Period. Amongst the eligible potential candidates for
the Grand Prizes, eight (8) potential grand prize winners will be
requested to attend the grand final event (hereinafter referred to
as the “Grand Final Event”) at a location to be selected by Digi. All
cost for travel, insurance and expenses shall be solely at the cost
of the eight (8) potential grand prize winners requested to attend
the Grand Final Event at no cost to Digi absolutely. Attendance by
any of the potential grand prize winners will be at their own risk
and undertaking to do so. Digi bears no liability for any nonattendance thereof. The potential grand prize winners, present at
the Grant Final Event will be required to further participate in any
given challenges and/or games arranged by Digi in order to allow
for a fair selection process in determining the two (2) absolute
final Grand Prizes from the elected potential grand prize winners
present at the Grand Final Event. The other remaining potential
grand prize winners unsuccessful in completing the challenges
and/or games posed on the day of the Grand Final Event within
the prescribed time limit will be given a free device consolation
prize each at the discretion of Digi.
3.1.7 Definition of “Weeks”/“weeks” for purposes of this Contest is as
follows:
Week 1: 1st to 8th May 2015
Week 2: 9th to 16th May 2015
Week 3: 17th to 23rd May 2015
Week 4: 24th to 31st May 2015
3.2
Prizes:
3.2.1 Daily Prizes consists of twenty (20) units of digital smartphones
(with model no. ZTE V816W branded as ‘ZTE’).
3.2.2 Weekly Prizes consists of two hundred (200) units of digital
tablets (with model no. Tab 2 A7-30 branded as ‘Lenovo’).
3.2.3 Grand Prizes allotted for this Contest are two (2) units of 2015
Ford Rangers (Model: 2.2L XLT 4x4 Manual; Colour: Yellow)
3.3
Each Eligible Participant is only entitled for a single prize give away during
the Promotion Period.
3.2.1 One (1) prize for each Digi prepaid subscriber based on their legal
identification (hereinafter referred to as “ID number”). Reference
shall be made to either the Contest entrants Malaysian identity
card or passport numbers shall be sufficient.
3.2.2 Subscribers with multiple prepaid MSISDN notwithstanding, can
only be eligible for one (1) prize throughout the Promotion
Period.
3.4
The Eligible Participant(s) must have their MSISDN in active status at all
times during and after the Promotion Period, in line with clause 2.0.4
above.
3.5
All Prizes under this Promotion is not transferable or exchangeable for
cash or other items unless agreed by DiGi. With exception of the two
Grand Prizes which may be transferred and registered in the name of an
elected nominee of the successful winner of the said prizes in accordance
to the following stipulations under sub-Clause 3.6.2 below. Digi reserves
the right to change and/or substitute the prizes of adequate equal value
without prior notice.
3.6
Delivery of Prizes
3.6.1 For Daily and/or Weekly Prizes
Within fifteen (15) working days (for purposes of this Contest, any
reference to “working days” shall be referred to the working days
in the state of Selangor Darul Ehsan excluding Sundays and any
gazzetted state public holidays) from the receipt of the SMS
notification informing the confirmed winners (hereinafter
referred to as “Contest Winners”) for the individual Daily/Weekly
Prizes as the case may be, the Contest Winner is entitled to claim
the prizes as stipulated in sub-Clause 3.1.4 and 3.1.5 subject to
the discretion by Digi to substitute the prizes accordingly under
sub-Clause 3.5 above. Contest Winners will be requested to
provide their latest up to date and assessable delivery address for
Digi to courier the said prizes to them (hereinafter referred to as
the “First Delivery Attempt”). All prizes will only be distributed
within Malaysia only. Where no Malaysian address can be
provided, the said prize will be forfeited and Digi reserves the
right to allocate the forfeited prizes for its other internal and/or
external promotional activities.
However, in the event a failed delivery occurs during the First
Delivery Attempt due to any inaccurate information provided by
the Contest Winner, the Contest Winner will be required to pay
for any subsequent charges by the courier company (as elected by
Digi) for the second attempt of the required delivery which should
take place within seven (7) days working days from the First
Delivery Attempt (hereinafter referred to as the “Second Delivery
Attempt”) unless due to any unforeseen circumstances, wherein
the next available day for delivery will commence.
In the event the Second Delivery Attempt fails, the Contest
Winners will be advised to collect prizes from Digi’s Headquarters
(hereinafter referred to as the “Digi’s HQ”) located at Lot 10,
Jalan Delima 1/1, Subang Hi-Tech Shah Alam Industrial Park,
Shah Alam, 40000 Selangor within thirty (30) working days from
when notification made that the said prize has arrived at the
abovementioned Digi’s HQ address. Upon expiry of the thirty (30)
working day period from when the notification was sent by Digi,
The said Daily/Weekly Prize(s) will thereafter be forfeited by Digi
and Digi reserves the right to allocate the forfeited prizes for its
other internal and/or external promotional activities.
3.6.2 For Grand Prizes
Upon confirmation of the two (2) Grand Prize winners
(hereinafter referred to as the “Grand Prize Winners”) on the
conclusion of the Grand Final Event, Digi will issue a Letter of
Authorisation to each of the Grand Prize Winners which shall be
given to any ‘Sime Darby Auto ConneXion Sdn Bhd’ authorized
ford dealers in the Peninsula Malaysia.
In accordance to the Malaysian Road Transport Act of 1987 and
for purposes of this Contest, the registration of the allotted Ford
Ranger prizes for each Grand Prize Winners (Model: 2.2L XLT 4x4
Manual; Colour: Yellow) can only be done in the name of a person
holding a valid Malaysian driving license. Therefore, in the event
any of the Grand Prize Winners do not hold a valid Malaysian
driving license or wish to register the said vehicle in the name of
another nominated person (company registration of the vehicles
is not allowed under this Contest), then the Grand Prize Winner
shall herein be allowed to do so at will. Where any of the Grand
Prize Winners are located in East Malaysia, collection and
registration of the vehicles can only be done in the Peninsula of
Malaysia and any charges to ship the vehicles from West Malaysia
to East Malaysia shall be borne solely at the cost of the Grand
Prize Winner(s). Digi will not be liable for any undesired
circumstances once the said prizes have been collected and
registered accordingly.
4.
By participating in this Promotion, each Eligible Participant agrees and
consents to such details including without limitation personal
data/information being collected, processed and used by Digi and/or it’s
duly appointed agents or supporting organizers for:
a)
b)
c)
5.
the all purposes of this Promotion;
marketing and promotional activities conducted in such manner
as Digi and/or it’s duly appointed agents or supporting organizers
see fit worldwide in any media including without limitation the
Internet, without further express consent from, and payment or
consideration to the relevant participant. Marketing and
promotion activities includes without limitation the use and/or
publication of any details provided in and/or in connection to the
entries, interviews material as well responses and related
photographs. In this regard, each Eligible Participant agrees to cooperate and participate without further express consent and/or
payment or consideration, in all reasonable advertising and
publicity activities of Digi and/or it’s duly appointed agents or
supporting organizers relating to the Promotion;
other promotional, marketing and publicity
notification/information including future promotional, marketing
and publicity notification/information from Digi and/or it’s duly
appointed agents or supporting organizers from time to time.
In addition, where any of the data/information especially personal data
relating to any of the Eligible Participants and/or third parties (where
applicable) are submitted to Digi and/or it’s duly appointed agents or
supporting organizers in connection to this Promotion, each Eligible
Participant and/or third party;
a)
b)
warrants that he/she is in possession of all necessary consents
and shall continue to maintain such consents as may be required
for Digi and/or it’s duly appointed agents or supporting
organizers usage and processing of such data/information; and
agrees that it shall be the Eligible Participant’s or the third party’s
responsibility to advise Digi and/or it’s duly appointed agents or
supporting organizers in writing should there be any relevant
change in the data/information provided to Digi and/or it’s duly
appointed agents or supporting organizers which requires action
on the part of Digi and/or it’s duly appointed agents or supporting
organizers.
6.
Each Eligible Participant agrees:
(a)
to release and hold harmless Digi and/or it’s duly appointed agents or
supporting organizers against any and/or all losses, damages, rights,
claims and actions of any kind in connection with the Promotion
(including resulting from acceptance, possession, use or misuse of any
prizes, or expense for travel to or from any prize-related activity and
claims based defamation, or invasion of privacy);
that Digi and/or it’s duly appointed agents or supporting organizers make
no warranties, express or implied, in fact or in law, relative to the use or
enjoyment of any of the prizes, including, without limitation to, their
quality, merchantability or fitness for a particular purpose.
that Digi and/or it’s duly appointed agents or supporting organizers shall
not be liable for any losses, damages, rights, claims and actions of any
kind (including without limitation loss of damage to property or any
personal injury or loss of life, loss of income, profits or goodwill, direct or
indirect, incidental, consequential, exemplary, punitive or special
damages of any party including third parties) howsoever arising whether
in contract, tort, negligence or otherwise, in connection with the
Promotion, and/or the prizes, even if Digi and/or it’s duly appointed
agents or supporting organizers has been advised of the possibility of
such damages in advance; whether or not due to and/or arising from :
(b)
(c)
(i)
telephone, electronic, hardware or software program, network,
Internet, server or computer malfunctions, failures, interruptions,
miscommunications or difficulties of any kind, whether human,
mechanical or electrical, including, without limitation to, the
incorrect or inaccurate capture of entry information online;
(ii)
late, lost, delayed, misdirected, incomplete, illegible or
unintelligible e-mails;
(iii)
virus attacks and/or any other malicious software infection to the
subscribers’ mobile phones arising from the downloading of these
contents, any failed, incomplete, lost, garbled, jumbled,
interrupted, unavailable or delayed electronic transmissions;
(iv)
any condition caused by events beyond the control of Digi and/or
it’s duly appointed agents or supporting organizers, including
those due to any act of God, war, riot, strike, lockout, industrial
action, fire, flood, drought, storm or any event beyond the
reasonable control of Digi and/or it’s duly appointed agents or
supporting organizers;
(v)
any printing or typographical errors in any materials associated
with the Promotion; and
(vi)
any claims by third party for infringement of intellectual property
rights.
7.
Any reference to ‘Digi and/or it’s duly appointed agents or supporting
organizers’ used throughout this Terms and Conditions includes
reference to its employees, officers, directors, shareholders, parent
companies, affiliates, subsidiaries, licensees; agents, representatives and
contractors including contract advertising, promotion, and fulfillment
agencies, and legal advisors and/or joint – organizer(s).
Digi and/or it’s duly appointed agents or supporting organizers, herein:
a) reserves the right, at any time, to verify the validity and/or reject any
entries at its sole and absolute discretion without having to assign any
reasons whatsoever. Incomplete, indecipherable, illegible or incorrect,
fraudulent, unlawful or deceitful entries or any entry which violates the
Terms and Conditions of this Contest, will automatically be disqualified;
b) reserves the right, at any time, to vary, delete or add to any of the
mechanics, the Promotion or these Terms, and alter, cancel, terminate or
suspend the Promotion and/or any part thereof without any prior notice;
For the avoidance of doubt, cancellation, termination or suspension by
Digi of any entry or the Promotion shall not entitle the Eligible
Participant(s) to any claim, compensation and expenses against Digi for
any and all loss or damage suffered or incurred by the Eligible
Participant(s) as a direct or indirect result of the act of cancellation,
termination or suspension thereof.
c) shall not be responsible or liable for any claims of loss or damage to
property or any personal injury or loss of life resulting from or in
connection with this Promotion;
d) shall not be liable for any loss or damage (including without limitation
loss of income, profits or goodwill, direct or indirect, incidental,
consequential, exemplary, punitive or special damages of any party
including third parties) howsoever arising whether in contract, tort,
negligence or otherwise, in connection with the Promotion, even if Digi
has been advised of the possibility of such damages in advance, and all
such damages are expressly excluded;
e) shall not be liable for any default due to any act of God, war, riot, strike,
lockout, industrial action, fire, flood, drought, storm or any event beyond
the reasonable control of Digi in line with sub-Clause (6)(c)(iv) above.
8.
To the fullest extent permitted by law, Digi and its respective parent
companies, subsidiaries, affiliates, licensees, directors, officers,
employees, agents, independent contractors and advertising/promotion
agencies hereby expressly excludes and disclaims any representations,
warranties, or endorsements, express or implied, written or oral,
including but not limited to, any warranty of quality, merchantability or
fitness for a particular purpose of enjoyment of the product/item of the
Promotion.
9.
By participating in this Promotion, each Eligible Participant agrees and
irrevocably and unconditionally undertakes to fully absolve Digi and/or
it’s duly appointed agents or supporting organizers of all liabilities
howsoever arising and agrees herein to indemnify Digi and/or it’s duly
appointed agents or supporting organizers (on full indemnity basis) and
hold Digi and/or it’s duly appointed agents or supporting organizers
harmless against any claim by any third party and against any loss,
damage, cost or expense (including legal fees, cost and expenses) that
Digi and/or it’s duly appointed agents or supporting organizers may
suffer or incur as a result of or in connection with this Promotion.
10.
Any failure by Digi and/or it’s duly appointed agents or supporting
organizers to enforce any of these Terms in any instance(s) will not give
rise to any claim by any persons whether Eligible Participant(s) or
otherwise.
11.
By participating in the Promotion, each Eligible Participant agrees to be
bound by these Terms and Conditions, rendering Digi’s decision being
final and binding and no correspondence thereafter shall be entertained.
12.
These Terms and Conditions, which are available on
[http://new.digi.com.my/Page/landing/default/home] shall be governed
and construed by the Laws of Malaysia and the parties shall submit to the
exclusive jurisdiction of the Courts of Malaysia in the event of an
unresolved dispute.