Contest Terms & Conditions by Blue Idea Sdn Bhd
Terms and Conditions
Please read the following terms and conditions (“Terms and Conditions”) carefully which shall apply to all contests organised by Blue Idea Sdn Bhd and/or its subsidiaries (the “Company”) and/or appointed agents, sponsors and representatives of the Company (the “Organiser”) (“Contest” or collectively “Contests”). In addition to the Terms and Conditions, persons entering and participating in these Contests (“Participants” and collectively referred to as “Participants”) are also advised to read carefully such additional rules, terms and conditions in relation to any Contests and/or prizes, tickets, rewards or other similar items (“Prize” or collectively referred to as “Prizes”) published by the Organiser from time to time (“Additional Rules”). In the event of any conflict or inconsistency between any Additional Rules, other verbal or written instructions or details of any Contests and the Terms and Conditions, the Terms and Conditions shall prevail. Entry into all or any one or more of the Contests shall be deemed as acceptance of the Terms and Conditions and Additional Rules (as amended from time to time).
- The following Terms and Conditions apply to all Participants throughout each Contest period as specified by the Organiser (“Contest Period”), save as otherwise provided by the Organiser. In connection with this, the Organiser reserves the right in its absolute discretion to:
- amend the Terms and Conditions and/or Additional Rules at any time without notice. Such Terms and Conditions and/or Additional Rules as amended shall be published and/or updated on the relevant Contest page from time to time;
- vary, postpone or re-schedule the dates of any of the Contests, and shorten or extend any Contest Period. Such changes shall be published and/or updated on the relevant Contest page from time to time;
- cancel, vary or withdraw any Prizes at any time; and
- terminate or suspend any Contest with immediate effect at any time in which case, the Organiser shall publish and/or update such termination or suspension, as the case may be, on the relevant Contest page. The Organiser shall have no obligation to award any Prize to Winners (as defined below), on and following such termination or suspension, or if such Prize was promised to any Winner prior to such termination or suspension but the Organizer has not provided the same to such Participant as at the date of such termination or suspension. If the said Contest is subsequently resumed by the Organiser, Participants shall agree with the Organiser’s decisions, Terms and Conditions and/or Additional Rules regarding the resumption of the Contest and disposition of the Prize.
- All decisions of the Organiser in any matter pertaining to the Terms and Conditions and/or Additional Rules, and the Contests shall be final and no correspondences and discussions shall be entertained.
- Participants agree to co-operate and comply with all requests of the Organiser which are related to the Contests.
- The Terms and Conditions and Additional Rules represent the entire agreement between the relevant parties participating in the Contests and supersede all previous oral or written representations, agreements or understandings. Unless otherwise provided herein, all other implied or express terms, conditions, representations and warranties are excluded.
- The Terms and Conditions and Additional Rules shall be governed by and construed in accordance with the laws of Malaysia.
Eligibility & Entry
- To enter and participate in any Contest, all persons must meet the following conditions:
- citizens of Malaysian or permanent residents of Malaysia;
- 18 years old or over at the time of entry; and
- any other terms as stipulated by each Contest,
(collectively referred to as “Eligibility Criterias”). The Organiser may require any persons to submit proof of their eligibility upon entry or at any other point in time during his or her participation in the relevant Contest. The Organiser reserves the right in its absolute discretion to decline any submission for entry or disqualify any Participant in the event the Organiser learns of any ineligibility of any Participant at any time. Any Prize awarded shall be recovered in full by the Organiser.
- Each Participant represents and warrants the following throughout the Contest Period, that:
- he or she does not have any criminal conviction or criminal record and has not undertaken any past act or conduct which could adversely affect the reputation of the Organiser and/or the Contests;
- he or she meets all Eligibility Criterias;
- all information provided and statements made to the Organiser are true, correct, accurate and complete. For avoidance of doubt if a Participant provides any personal details which are incorrect, the Organiser reserves the right in its absolute discretion to treat such entry or participation as invalid; and
- where a Participant is required to submit any Intellectual Property (as defined below) upon entry or at any time during the Contest Period or assist in the development of any Marketing Productions (as defined below), he or she represents and warrants that:
- he or she has the right, power and authority to grant to the Company such intellectual property rights described below (if applicable);
- that he or she has obtained all consents in respect thereof (if applicable); and
- all such Intellectual Property does not infringe any third party intellectual property rights,
(collectively referred to as “Representations and Warranties”).
- All Contests are not open to employees of the Company (including immediate family members of such employees).
- Multiple entries by any one Participant are allowed but only one of such entries may be chosen as a winning entry.
- Submission of an entry does not guarantee the opportunity to participate in the relevant Contest. The Organiser reserves the right in its absolute discretion to decline any submission for entry which is not in accordance with any Terms and Conditions and/or Additional Rules or in the event of any of the Representations and Warranties.
- The Organiser shall not be responsible for entries that are lost, damaged or delayed in transit to the address of the Organiser and/or Contest, or which are not received for any reason. Submission for entry and participation via the Internet are at the risk of the Participant and in the event of any technical difficulties experienced caused by the Internet or from an associated equipment, or any compromise of internet security, the Organiser shall have the right in its absolute discretion to disqualify such affected entries or participation and the Organiser shall not be responsible for any liability arising therefrom.
Winner Selection & Disqualification
- Where a panel of judges is required for any Contest, such panel shall comprise persons, employees and/or appointed agencies of the Company where such appointed judges to the panel shall be detailed on the relevant Contest page. The decision of such panel shall be final and binding in all circumstances. No discussion, correspondence, enquiry, appeal or challenge in respect of any decision of such panel will be entertained.
- The Organiser reserves the right in its absolute discretion to disqualify or forfeit any Participant or finalists and/or revoke the Prize (at any stage of the Contest) with immediate effect in the event of the following:
- in the Organiser’s sole determination, the Participant or finalist breaches any of the Terms and Conditions and/or Additional Rules or any Representations and Warranties or violates any applicable laws or regulations in the course of participating in any Contests;
- should the Organiser become aware of any fraud, deceit or similar action undertaken by any Participant in connection with the Contest; or
- in the Organiser’s sole determination, should the Organiser become aware of any act or omission of any Participant which might have an adverse effect on the Contest, or otherwise conducts himself or herself in a manner which is inappropriate or unsuitable in the course of participating in any Contests.
- In the event of any such disqualification or forfeiture after a Prize has been awarded, the Organiser reserves the right in its absolute discretion to demand for the return of such Prize or otherwise payment with amount equivalent to the value of such Prize from such disqualified or forfeited Participant or finalist.
CLAIMS TO PRIZES
- Winners will be selected and notified via such social media or other online platform specified by the Organiser (“Winner” or collectively referred to as “Winners”) on a date specified by the Organiser (“Notification of Winner”).
- In the event any Winner fails to respond within 72 hours of such Notification of Winner (“Acceptance Period”), the Prize will be forfeited and the Organiser reserves the right in its absolute discretion to select another Winner with immediate effect.
- Acceptance of any Prize is entirely at the risk of the Winner and is awarded by the Organiser without any warranty of any kind, express or implied. If required, the Winner agrees to execute a deed of release and indemnity in a form prescribed by the Organiser in order to receive the Prize.
- In the event that a Winner chooses not to accept the Prize, all and any claims to such Prize shall be forfeited and the Organiser reserves the right in its absolute discretion to deal with such Prize as it sees fit.
- All Prizes to be awarded in any Contest shall be contingent upon the accuracy and truth of the Representations and Warranties and the full and complete performance by Winners in accordance with all obligations hereunder, requests and instructions by the Organiser, as at the date of such award.
- In the event the Organiser intends to identify genuine claims to Prizes or to eliminate any non-genuine claims to Prizes, the Organiser reserves the right in its absolute discretion to conduct an interview (by telephone or in person). If such person refuses to participate in or answer any of the questions raised by the Organiser in such interview without good reason, such person’s claim to the Prize the shall be forfeited.
- Any Prize must be claimed by the Winner in person unless the Organiser prescribes other mode of collection. In special situations, and subject to the absolute discretion of the Organiser, the Winner may nominate a designated representative to collect the Prize. Such representative will be required to present written authorisation from the Winner and identification of such representative.
- The Organiser shall use reasonable endeavours to arrange for the collection by Winners of Prizes at such collection venue designated by the Organiser but the collection of such Prizes shall remain the sole responsibility of Winners. All Prizes must be collected within 7 days of acceptance (“Collection Period”) and any failure to do so shall result in the forfeiture of the affected Prize. In such event, the Organiser shall have no liability to the Winner in any respect whatsoever.
- Where the Organiser elects to post a Prize to the Winner, no responsibility will be accepted by the Organiser for the safe and effective postal delivery of the Prize.
- Where the Prize awarded is a non-cash Prize, the Winner shall not be entitled to redeem the same for cash or other alternatives. Where Prizes are in the form of free tickets, Winners of such tickets shall be bound by the relevant event promoter’s terms and conditions together with such other terms and conditions set out on the tickets.
- Prizes are strictly non-transferable, non-assignable, non-exchangeable and non-redeemable by the Winner in any other form or manner other than that specified by the Organiser.
- All or selected Winners may be required by the Organiser to participate in the production by the Company of any Intellectual Property including (without limitation) interviews, audio or video recordings, social media or other public relations and/or marketing activities and such Winners agree to the use by the Organiser of such Intellectual Property in any manner it sees fit, without payment or compensation.
INTELLECTUAL PROPERTY & PUBLIC RELATIONS
- In this context, “Intellectual Property” shall mean all title, ownership rights and intellectual property rights in and relating to the Company and the Contest or any copies thereof including but not limited to copyright, logos, names, trademarks, service marks, design, text, audio/video recordings, images, links, concepts and themes and other inventions/productions owned by the Company or used under authorized license by the Company.
- Any reproduction, transmission, publication, performance, broadcast, alteration, hyperlink, creation of derivative works or other use in whole or in part of the Intellectual Property in any manner without the prior written consent of the Company is strictly prohibited.
- Where Participants and Winners are required to submit or assist in the production of any Intellectual Property including (without limitation) any interviews, audio or video recordings, social media or other public relations and/or marketing activities where their participation/appearance are featured (“Marketing Productions”), Participants and Winners agree to grant the Company the exclusive right to broadcast such Marketing Productions by live or deferred transmission in all formats including (without limitation) digital, internet, cable, satellite and telephony broadcasts. For avoidance of doubt, such right includes the right to edit, compile, amalgamate and use such Marketing Productions in any way as it sees fit.
- To the extent Participants and Winners have rights to grant any copyright or other intellectual property rights in connection with their participation in the Contests and in Marketing Productions, Participants and Winners agrees to grant and assign in full such rights to the Company. Where such rights are not in existence as of this date, Participants and Winners agrees to grant and assign in full such future rights to the Company. Such assignment shall include the right to edit, compile, amalgamate and use such intellectual property and/or Marketing Productions together with other materials and to distribute and/or publicize such production in all media and technology.
- Participants and Winners shall not dispute nor make any oral or written complaints, public announcements or statements on the Company or Contest whether during or after the Contest Period.
- Participants and Winners are prohibited from giving interviews or otherwise getting involved in articles or reports in respect of the Contests and Prizes received with any third party. All rights in relation to the same shall vest exclusively with the Company.
- In this context, “Confidential Information” shall mean the Terms and Conditions and Additional Rules relating to all Contests and Prizes, and all information and knowledge obtained in relation to and/or in connection with all Contests and/or derived as a result of the participation in all Contests, including (without limitation) the Company’s business and operational details, all of the Contests’ mechanics and the judging/selection criteria for all Contests.
- Participants and Winners shall treat all Confidential Information as stricty confidential. Except for such Confidential Information made public otherwise than as a result of a breach hereunder, Participants and Winners undertake not to at any time disclose, communicate or otherwise make public any Confidential Information. All Participants and Winners shall not, without the prior written consent of the Organiser, disclose any Confidential Information to any representatives of media in any form whatsoever.
- Participants and Winners shall, during and after the Contest Period, take all reasonable precautions to prevent disclosures of the Confidential Information to unauthorised persons or entities for any reason whatsoever.
- Participants and Winners undertake to deliver/return to the Organiser all tangible materials and destroy all such intangible/electronic materials to the extent reasonably possible 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.
EXCLUSION OF LIABILITY & INDEMNITY
- The Organiser shall not be liable in any way to Participants, Winners and any other persons involved in all Contests for any costs, expenses, losses or damages (“Claims”) arising out of or in connection with the Contests or Prizes unless otherwise provided for. In connection with this, Participants and Winners agree to waive, release and discharge the Organiser from and against, any and all Claims (including Claims by third parties to the extent permitted under the applicable laws) arising out of the participation in the Contests or acceptance of any Prizes including (without limitation) any personal injury and damage to property, whether or not direct, consequential or foreseeable.
- Any failure to enforce any of the Terms and Conditions and/or Additional Rules shall not give rise to any Claims by any persons.
- The Organiser shall not be liable to perform any of its obligations hereunder where it is unable or is not in the capacity to do so as a result of circumstances beyond its control. In such event, the Organiser shall not be liable to compensate any Participants or Winners.
- Participants participate in the Contests and Winners accept their Prizes at their own risk and agree to indemnify the Organiser against all Claims arising out of any breach of the Terms and Conditions and/or Additional Rules and/or Representations and Warranties, and against all Claims by third parties in the course of their participating in the Contests.
- Failure to exercise or delay in exercising a right or remedy provided hereunder or by law shall not constitute a waiver of such right or remedy or other rights or remedies.