Digi Undrcovr YouTube Giveaway

1. Digi Undrcovr YouTube Giveaway (“Contest”) which is organized by Digi Telecommunications Sdn. Bhd. (201283-M) ("Digi”) shall be governed by these Contest Terms and Conditionsand any subsequent accompanying contest details (if any) (collectively, “Terms”) provided by Digi. Each participant agrees that he/she has read and understood the Terms and by his or her participation in the Contest, each participant agrees to be bound by the Terms.
   
2. This Contest commences on the 20th September 2014 at 12.00pm (Malaysian time) and runs until 4th October 2014 at 11.59pm (Malaysian time) (“Contest Period”). Entries received after the Contest Period shall automatically be disqualified. Notwithstanding the above, Digi reserves the right in its sole and absolute discretion to vary, postpone or re-schedule the Contest Period.
   
3. Eligibility Criteria:
3.1 All personal details provided to Digi shall be accurate and complete and subject to proof upon request by Digi.
3.2 The Eligible Participants shall be eighteen (18) years old and above, otherwise formal parental/guardian consent must be obtained and provided to Digi. In the event the Eligible Participants fail to provide Digi with the said parental/ guardian consent, Digi shall have the right to forfeit the entry and / or the Prize as the case may be.
3.3 Digi reserves the right, at any time, to verify on the eligibility and validity of entries and participants and to disqualify any entries which violates the Terms. Notwithstanding the above, failure by Digi to disqualify any ineligible Participants shall not be deemed as a breach by Digi
   
4. Contest Mechanics:
4.1 To participate in the Contest, Eligible Participants shall:-
4.1.1 subscribe to the Digi Telecommunications YouTube channel found on www.youtube/myDigitv (“YouTube Channel”);
4.1.2 Once the Eligible Participant is on the YouTube Channel, the Eligible Participant shall click on the tab “LIKE”;
4.1.3 view the videoclip titled “Latest Innovation To Keep Smartphones Safe: Digi Undrcovr” which is loaded on the YouTube Channel (“Video Clip”) and spot the total number of Smartphone covers appearing and list the same on the comments column.
   
5. Selection of Winners and Notification
5.1 The first three (3) Eligible Participants to spot the total number of Smartphone covers loaded on the Video Clip will be chosen as winner (“Winners”). The Winners will be selected within ten (10) days after the end of the Contest Period.
5.2 Once Selection of Winners are completed Digi will reply the comment via Digi Youtube account to the Winners requesting the Winners to provide their names , contact details , address and phone model (“Contact Details”) for the purpose of Prizes via Youtube account used by the Winners to submit the comment (“Call Period”). Winners shall provide to the Digi the Contact Details on or before 12pm on 14th October 2014. All Eligible Participants shall keep their mobile phone(s) service / voice plan activated and valid during this Call Period.
5.3 The Organizer reserves the right to forfeit the Prize (“Prize”) and select another winner in the event that any of the Winners fails, neglects and/or defaults to provide the Contact Details within the duration mentioned in Clause 5.2 above. The non-contactable Winner shall have no demands, claims and/or causes of action whatsoever against Digi on such forfeiture.
   
6. The Prizes:
6.1 Subject to Clause 5 above, each of the Winner will be entitled to one (1) unit of [ an exclusive Digi Undercovr phone cover]
6.2 Digi will contact the winners to come to collect their prizes from Digi’s main office at Lot10, Jalan Delima 1/1 Subang Hi-Tech Industrial Park, 40000 Shah Alam, Selangor Darul Ehsan, Malaysia the prizes starting 15th November 2014 based on the address provided by the winners
6.3 Prizes are not transferable, exchangeable and/or for resale . No cash alternatives will be offered in exchange for Prizes. Digi reserves the right to replace any of the said Prizes with another prize of the same value or lower without prior notice.
6.4 In the event, a Contest Winner is found to be ineligible at any point of time, Digi reserves the right to disqualify the said Contest Winner and to cancel/ withdraw/ recall the Prize(s) from being delivered to the ineligible winner. If the ineligible winner has enjoyed the Prize(s), the ineligible winner hereby agrees and undertakes to indemnify Digi for the cost of the Prize(s), failing which, Digi shall have the right to initiate any action it deems necessary against the ineligible Contest Winner.
6.5 The Winners may be governed by a separate set of terms and conditions imposed by the service provider of the Prizes or Digi’s partners that are offering the Prizes. Where such terms are applicable, the Winners will be notified at the time when Winners receives the Prizes,
6.6 Each Winner shall be entitled to win one (1) Prize only.
   
7. Digi reserves the right to reject any entries and / or withhold Prizes or forfeit the Prizes (including occasions where Digi believes that there are unlawful, deceitful and / or fraudulent acts and practices; vary, delete or add to any of the mechanics, Prizes or these Terms, alter, cancel, terminate or suspend this Contest or any part thereof without any prior notice.
   
8. All decisions by Digi, including but not limited to the selection of winners and forfeiture of Prizes are final, conclusive and binding. No correspondence or claims shall be entertained.
   
9. The Eligible Participants hereby agree and irrevocably and unconditionally undertake to indemnify Digi (on full indemnity basis) against any claim by any third party and against any loss, damage, cost or expense (including solicitors' fees and cost) that it may suffer or incur as a result of or in connection with the Contest and the Prizes.

By participating, each Eligible Participant agrees and consents to such details including without limitation personal data/information being collected, processed and used by Digi for:
  • the purposes of the Contest;
  • marketing and promotional activities conducted in such manner as Digi sees fit worldwide in any media including without limitation the Internet, without further express consent from, and payment or consideration to the relevant entrants. 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 entrant agrees to co-operate and participate without further express consent and/or payment or consideration, in all reasonable advertising and publicity activities of Digi relating to the Contest;
  • other promotional, marketing and publicity notification/information including future promotional, marketing and publicity notification/information from Digi from time to time.
   
10. In addition, where any of the data/information especially personal data relating to the Eligible Participant and/or third parties (where applicable) are submitted to Digi and/or by any entrant in connection to this Contest, each:
  • warrants that he/she is in possession of all necessary consents and shall continue to maintain such consents as may be required for Digi’s and/or usage and processing of such data/information; and
  • agrees that it shall be his or her responsibility to advise Digi in writing should there be any relevant change in the data/information provided to Digi which requires action on the part of Digi.
   
11. Each Eligible Participant hereby agrees and irrevocably and unconditionally undertakes to indemnify Digi (on full indemnity basis) against any claim by any third party and against any loss, damage, cost or expense (including solicitors' fees and cost) that it may suffer or incur as a result of or in connection with the Contest and the Prizes.

Each Eligible Participant further agrees :-
  • to release and hold harmless Digi and / or the Specified Persons against any and/or all losses, damages, rights, claims and actions of any kind in connection with the Contest (including resulting from acceptance, possession, use or misuse of any Prizes, or travel to or from any Prize-related activityand claims based defamation, or invasion of privacy);
  • that Digi and / or the Specified Parties 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 the Specified Persons 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 Contest, and/or the Prizes, even if Digi has been advised of the possibility of such damages in advance; whether or not due to and /or arising from :
    • 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;
    • late, lost, delayed, misdirected, incomplete, illegible or unintelligible e-mails;
    • 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;
    • any condition caused by events beyond the control of Digi 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 ;
    • any printing or typographical errors in any materials associated with the Contest; and
    • any claims by third party for infringement of intellectual property rights.
  • Specified Persons means : Digi, and its employees, officers, directors, shareholders, parent companies, affiliates, subsidiaries, licensees; agents, representatives, partners and contractors including contradvertising, promotion, and fulfillment agencies, and legal advisors and / or joint – organizer.
   
12. Digi
  • 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, will automatically be disqualified;
  • reserves the right, at any time, to vary, delete or add to any of the mechanics, Prizes (as defined herein) or these Terms, and alter, cancel, terminate or suspend the Contest 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 Contest shall not entitle the Eligible Participant to any claim or compensation against Digi for any and all loss or damage suffered or incurred by the Eligible Participant as a direct or indirect result of the act of cancellation, termination or suspension.
  • 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 the Contest;
  • 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 Contest, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded;
  • 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.
   
13. By participating in the Contest, the Eligible Participants agree to be bound by these Terms and Digi’s decision in relation to any matter arising under this Contest is final and no correspondences shall be entertained
   
14. All other terms and conditions governing the use of any of Digi’s mobile telecommunication services shall apply herein mutatis mutandis.
   
15. These Terms shall be governed and construed by the Laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Courts of Malaysia.
   
16. Terms & Conditions for the Contest is made available on http://digi.my/digiUndrcovr
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